Judgement

Law Rep. 76 Ind. App. 85 ( 1948- 1949) Government Province of Bom. v. Pestonji Ardeshir Wadia 37

Consolidated Appeals (No. 17 of 1947) from a judgment and two decrees of the High Court (April 3, 1941) confirming in the first appeal (A. No. 211 of 1938) the decree of the First Class Subordinate Judge of Thana (April 30, 1938) in suit No. 207 of 1936 (hereinafter called the " Vile Parle suit " from the village to which it related), and in the second appeal

(A. No. 216 of 1938) reversing the decree of the same date of the same Subordinate Judge in suit No. 115 of 1934 (hereinafter called the " Juhu suit " from the village to which it related.)

The following facts are taken from the judgment of the Judicial Committee. These appeals arose out of two suits which were brought against the Secretary of State for India, now represented by the Province of Bombay, hereinafter called the Government (appellant in the first and respondent in the second of these appeals—defendant), by Pestonji Ardeshir Wadia (respondent No. 1 in the first of these appeals and appellant in the second—plaintiff No. 2), and the other trustees of a trust (plaintiffs) created by one Nowroji Jamsetji Wadia wit