Bai Manchha widow of Nathubhai Bhagwanjiand v. Sardar Sajjadanashin Saiyad Mahamad Baker-el-Edrus

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1963 Supreme(Online)(Guj) 5

GUJARAT HIGH COURT
*N. M. Miabhoy, M. R. Mody, JJ.
Bai Manchha widow of Nathubhai Bhagwanjiand v. Sardar Sajjadanashin Saiyad Mahamad Baker-el-Edrus

Table of Content
1. factual background of the appeals and parties. (Para 1)
2. defendant's technical defenses and bar of limitation. (Para 2)
3. analysis of limitation and fresh cause of action. (Para 3 , 4)
4. rival arguments regarding denial of title and fresh invasion. (Para 5 , 6)
5. final conclusion dismissing the appeals. (Para 8 , 9)

1. These two appeals arise from two decrees passed by the learned Civil Judge (Senior Division), Surat, on 30th of April 1957 in Special Jurisdiction Suit No. 26 of 1951 and Regular Civil Suit No. 1129 of 1952, by which the learned Judge dismissed the suits. We may briefly mention the facts which gave rise to the two suits. There is no dispute that the respondent Sardar Sajjadanashin saiyed Mahomed Bakar - el - Edrus, who is the common respondents in both the appeals, is the Inamdar of the village Orma situated in the district of Surat, with which village we are concerned in these two appeals. There is also no dispute that the plaintiffs or their predecessors were, at all material times, the cultivators of various fields in village. Originally, the plaint which was presented in Special Civil Suit No. 26 of 1951 was signed by the plaintiffs thereof and