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1958 Supreme(MP) 209

V.R.NEWASKAR
Sewaram Raghunath Mali – Appellant
Versus
Swami Atmanand Guru Nirbhayanand – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: K.A. Chitale
For Respondents/Defendant: D.C. Bharucha

JUDGMENT

V.R. Nevaskar, J.

Only question involved in this second appeal is whether the licence of the Defendant had or had not become irrevocable in view of the provisions of Section 60 of the Indore Easement Act which is identical with the Indian Act on the subject.

Facts giving rise to this appeal are as follows:

The Plaintiff held a Pattedari land in Mauza Dongargaon bearing Khasra No. 177 measuring 0.66 acres. At the time of filing of this suit on 16-8-1947 the land stood in Plaintiff's name in the revenue records. The Plaintiff, in order to protect himself from the acts of trespass of 'Banda Gavalis' of Mhow and their cattle upon his field resulting in damage and loss to his produce, introduced one Sadhu named Bhajan Guru who constructed a hut and developed a garden there on a piece of land measuring 0.2 acres as described in the plaint. After his death on 20-11-1938 the Plaintiff introduced the Defendant in that hut and permitted the Defendant to have the use of the adjoining well. The Defendant repaired the well and constructed two rooms of permanent character up to 1944-45. The Defendant got along well and did not assert his right. In that year he began to challenge Plaintiff's




















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