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Musammat Bachi Vs. Bikhchand Jiomal and Kherajmal Dewanmal - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtMumbai
Decided On
Judge
Reported in(1911)13BOMLR56
AppellantMusammat Bachi;musammat Bhanbhen
RespondentBikhchand Jiomal and Kherajmal Dewanmal;kherajmal Dewanmal
DispositionAppeal dismissed
Excerpt:
dekkhan agriculturists' relief act (xvii of 1879)-suit for redemption-form and reality of the suit-special relief.;special relief under the dekkhan agriculturists' relief act (xvii of 1879) could not be granted in a suit, which was inform a suit for redemption but in reality was a suit to recover property of which the rightful owner had been deprived by fraud. - macnaghten, j.1. the dekkhan agriculturists relief act gives extraordinary relief in certain cases. the cases are specified in the act. the list includes a suit for redemption. the only question is-is this suit one in which special relief can be granted in their lordships' opinion it is not. in form it is a suit for redemption. in reality it is nothing of the kind. it is a suit to recover property of which the rightful owner has been deprived by fraud. that settles the case.2. their lordships will therefore humbly advise his majesty that this appeal ought to be dismissed, and the appellants must pay the costs.
Judgment:

Macnaghten, J.

1. The Dekkhan Agriculturists Relief Act gives extraordinary relief in certain cases. The cases are specified in the Act. The list includes a suit for redemption. The only question is-Is this suit one in which special relief can be granted In their Lordships' opinion it is not. In form it is a suit for redemption. In reality it is nothing of the kind. It is a suit to recover property of which the rightful owner has been deprived by fraud. That settles the case.

2. Their Lordships will therefore humbly advise His Majesty that this appeal ought to be dismissed, and the appellants must pay the costs.


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