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Maharaja Birendra Kisore Manikya Bahadur Vs. NabIn Chandra Chakravarty and ors. - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtKolkata
Decided On
Judge
Reported in32Ind.Cas.851
AppellantMaharaja Birendra Kisore Manikya Bahadur
RespondentNabIn Chandra Chakravarty and ors.
Excerpt:
landlord and tenant - relationship of landlord and tenant--khatian, entry in--adverse possession--presumption. - .....relationship between the parties established as would preclude the application of the doctrine of adverse possession. the plaintiff in this case, as in all other cases, relied on the khatian and that alone, for the purpose of establishing that relationship. the courts were not satisfied on the entry in the khatian that there was the relationship of landlord and tenant. although there was an entry which was susceptible of that meaning, having regard to the fact of long possession--possession which, according to the judgment of the munsif, was prior to the entry--and to the fact that no payment of rent was ever made, evidently the inference drawn was that not only was the relationship of landlord and tenant not established, but further that there has been an adverse possession proved.....
Judgment:

1. We dismiss this appeal for this reason. It appears to us that a fair reading of the judgment under appeal is that there was no such relationship between the parties established as would preclude the application of the doctrine of adverse possession. The plaintiff in this case, as in all other cases, relied on the khatian and that alone, for the purpose of establishing that relationship. The Courts were not satisfied on the entry in the khatian that there was the relationship of landlord and tenant. Although there was an entry which was susceptible of that meaning, having regard to the fact of long possession--possession which, according to the judgment of the Munsif, was prior to the entry--and to the fact that no payment of rent was ever made, evidently the inference drawn was that not only was the relationship of landlord and tenant not established, but further that there has been an adverse possession proved which furnishes an answer to the plaintiff's claim.

2. The appeal is accordingly dismissed under Order XLI, Rule 11, Civil Procedure Code.


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