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1948 Supreme(Bom) 9

BAVDEKAR, JAHAGIRDAR
Sudkya Ramji – Appellant
Versus
Mohammed Issak – Respondent


Advocates:
K.P. Karnic for K.G. Datar, - for Appellant. M.G. Chitale - for Respondent No. 1.

Judgement

BAVDEKAR, J.- Respondent 1 in this appeal had sued the appellant and others in Suit No. 10 of 1938 and obtained a decree for possession of the snit land after removing the house of the appellant, the father of respondents 2 to 4 and respondent 5. The case of the plaintiff in the suit was that the defendants were his ten-ante, but when in the year 1937 he filed a suit, they denied the tenancy and claimed that they were in adverse possession of the land as owners. The plaintiff said that consequently he did not wish to keep the defendants as tenants and had filed the suit for possession for rent and for damages for three years before the date of the suit. The trail Court accepted the case of the plaintiff and gave the plaintiff a decree for possession and also for mesne profits amounting to Rs. 65 before the date of the suit and future mesne profits from the date of the suit till recovery of possession. This decree was reversed by the appellate Court, but it was again restored by the High Court. Respondent 1 then brought the application for execution from which the present appeal arises for recovery of possession of the site which had been let to the appellant, the father of



































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