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1923 Supreme(SC) 37

LORD SUMNER, LORD PHILLIMORE, SIR JOHN EDGE, AMEER ALI
MADHAVRAO WAMAN SAUNDAL GEKAR – Appellant
Versus
RAGHUNATH VENKATESH DESH PANDE – Respondent


Advocates:
Solicitor for appellants: Edward Dalgado.
Solicitors for respondents 1, 2, 3: T. L. Wilson & Co.

Judgement

Appeal (No. 89 of 1922) from a judgment and decree of the High Court (June 17, 1918) reversing a decree of the Subordinate Judge of Belgaum.

The suit was brought by the first three respondents against the appellants and the remaining respondents, for rent and to recover possession of certain land between sixteen and seventeen acres in extent, being service watan land of the respondents family. The appellants claim was that they had acquired a right to be perpetual tenants of the land by adverse possession.

The facts appear from the judgment of the Judicial Committee.

Law Rep. 50 Ind. App. 255 ( 1922- 1923) Madhavrao Waman v. Raghunath Venkatesh Desh Pande

76

The trial judge dismissed the suit, so far as possession was claimed, but upon appeal to the High Court that part of the decree was set aside, and a decree made in favour of the plaintiffs for possession and mesne profits.

1923. June 8, 11. Sir George Lowndes K.C. and Kenworthy Brown for the appellants. Neither the agreement of 1872 nor the award of 1894 affected the adverse character of the appellants possession under their claim of a permanent tenancy; their title was complete under s. 28 of the Indian Limitation Ac



























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