Skip to content


Dukhimoni Dasi Vs. Tulsi Charan - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported in13Ind.Cas.512
AppellantDukhimoni Dasi
RespondentTulsi Charan
Excerpt:
evidence act (i of 1872), section 116 - estoppel--licensee and licensor--suit for use and occupation--no relationship during period in suit. - lawrence jenkins, c.j.1. having regard to section 116 of the evidence act the defendant cannot be permitted to deny that the plaintiff had a title to the possession of the land at a time when the license was given to enter into possession. in the circumstances a suit for use and occupation would lie. there is no question as to the amount due on that basis; it is rs. 40 and there will be a decree for that amount with costs. the plaintiff will have the costs of the rule which is made absolute. we assess the hearing fee at one gold mohur.
Judgment:

Lawrence Jenkins, C.J.

1. Having regard to Section 116 of the Evidence Act the defendant cannot be permitted to deny that the plaintiff had a title to the possession of the land at a time when the license was given to enter into possession. In the circumstances a suit for use and occupation would lie. There is no question as to the amount due on that basis; it is Rs. 40 and there will be a decree for that amount with costs. The plaintiff will have the costs of the Rule which is made absolute. We assess the hearing fee at one gold mohur.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //