Judgement

Appeal (No. 48 of 1936) from a decree of the High Court (August 3, 1933) which reversed a decree of the Revenue Judge of Bombay (October 20, 1927).

The appellant was the spiritual head of the Hindu Vaishnava temple known as Mota Mandir at Cutch Mandvi, and as such was the owner of a piece of land situated at Bora Bazar Street, within the Fort of Bombay, measuring 881-51 square yards. On October 26, 1926, the Collector of Bombay, the present respondent, assessed the land with a revenue under s. 8 of the Bombay City Land Revenue Act, II. of 1876.

The main question in this appeal was whether there was a right on the part of the appellant, in limitation of the right of the Government, to possess the land free from assessment for land revenue. She contended (inter alia) that she was entitled to a statutory prescriptive right of exemption by virtue of the provisions of Bombay Regulation XVII. of 1827.

The facts and the relevant provisions of the Bombay Regulations appear from the judgment of the Judicial Committee.

The Revenue Judge held that the right of the Government to assess the land for the payment of land revenue was barred under Regulation XVII. of 1827.

On appeal, the