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1949 Supreme(Bom) 43

RAJADHYAKSHA, CHAINANI
R. S. Rammohanrai Jaswantrai Desai – Appellant
Versus
Somabhai Nathalhai Patel – Respondent


Advocates:
G.A. Desai with K.T. Pathak and B.B. Dhruv - for Appellants. C.K. Shah - for Respondents.

Judgement

CHAINANI, J. :- This is an appeal by the original plaintiffs under cl. 15 of the Letters Patent-against the decision of Gajendragadkar, J., dismissing the appeal which the plaintiffs had brought against the decision of the Assistant Judge, Broach and Panoh Mahals, by which he confirmed the trial Courts order rejecting the claim made by the plaintiffs for possession of survey No. 174. The plaintiffs instituted the suit for recovering possession of survey No. 174, as well as three other lands, survey Nos. 32, 45 and 60/6 from the defendants. The plaintiffs case was that the defendants were their annual tenants. Survey No. 174 measures 9 acres and 14 gunthas or 16- bighas of land. Fourteen and three fourths bighas out of this land were the subject-matter of litigation between the plaintiffs ancestors and the defendants grandfather in Civil Suit No. 54 of 1911. A compromise decree was passed in that suit on 13th February 1912, by which the grandfather of the present defendants, Bhika Parshottam, was allowed to continue as a tenant on certain conditions, to which I will refer later. The plaintiffs contended that this decree created only personal rights in favour of Bhika Parsho



















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