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Tatia and ors. Vs. Sadashiv - Court Judgment

LegalCrystal Citation
SubjectTenancy
CourtMumbai
Decided On
Judge
Reported in(1883)ILR7Bom40
AppellantTatia and ors.
RespondentSadashiv
Excerpt:
landlord and tenant - non-payment of rent--adverse possession--limitation. - indian succession act (39 of 1925), section 63: [s.b. sinha & cyriac joseph, jj] will validity - deceased, was a very wealthy person - he floated several companies - he left behind his daughters, s and j - he was suffering from various diseases including some neurological ones - for his treatment, he used to frequently visit united states of america accompanied by his wife and daughter - by reason of a will, he is said to have bequeathed 50% of his property to s and 50% to j in a letter addressed to the 1st respondent, viz., s, he is purported to have recorded that the he had given all his shares to her - will was not only unnatural but was surrounded by a large number of suspicious circumstances held, it is.....charles sargent, c.j.1. the district judge was wrong in holding that mere non-payment of rent was sufficient to constitute adverse possession: dadoba v. krishna supra p. 34; rungo lall mundul v. abdul guffoor i.l.r. 4 calc. 314. the decree must, therefore, be reversed, except, as to damages, which must be varied by substituting five rupees on account of moveables in the house for rupees twenty, and plaintiff's claim must be rejected (except as aforesaid) with costs throughout.
Judgment:

Charles Sargent, C.J.

1. The District Judge was wrong in holding that mere non-payment of rent was sufficient to constitute adverse possession: Dadoba v. Krishna Supra p. 34; Rungo Lall Mundul v. Abdul Guffoor I.L.R. 4 Calc. 314. The decree must, therefore, be reversed, except, as to damages, which must be varied by substituting five rupees on account of moveables in the house for rupees twenty, and plaintiff's claim must be rejected (except as aforesaid) with costs throughout.


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