Summary
The respondent filed a suit against the appellant alleging that the latter had sold the suit property to the respondent's father undertaking to redeem the mortgages and hand over possession of the property. It was averred that the appellant, after redeeming the mortgages wrongfully re- tained possession of the properties contrary to the stipulation and the sale effected in favour of the respondent's father. The appellant contested the suit on the ground that the sale in favour of the respondent's father was void under the then prevailing law in Kolhapur State and that the suit was barred by limitation. The District Court decreed the suit and the High Court confirmed. On the questions (i) whether according to the law in force as could be ascertained from the relevant Wat Hukums and the provisions of the Bombay Hereditary Offices Act (111 of 1874) in so far as it was applicable to the State of Kolhapur, the alienation of Patel-ki-Watan Inam land was void and (ii) whether the suit was barred by limitation,
HELD : (i) On the construction of the various Wat Hukums the alienation in favour of the respondent's father was invalid. The Bombay Hereditary Offices Act did not apply to the Kolhapur State so as to override the specific directions of the Wat Hukums which had legal and binding force in the State. In this case there was a specific prohibition from alienating Patel-ki-Watan and other similar inams. [794 F,G]Rangappa Venappa Akole v. Laxman Malyappa, 62 Bom. L.R.639, referred to.(ii) The suit was not barred by limitation. The suit was against a person who was not entitled to possession. The appellant did not dispossess the respondent and as such Art.142 of the Limitation Act was not applicable. [795 B-C]See the full content of this document
Extract
Shivagonda Subraigonda Patil And Ors. VS. Rudragonda Bhimagonda Patil And Anr.
PETITIONER: SHIVAGONDA SUBRAIGONDA PATIL AND ORS.Vs.RESPONDENT: RUDRAGONDA BHIMAGONDA PATIL AND ANR.DATE OF JUDGMENT: 14/10/1969BENCH: REDDY, P. JAGANMOHANBENCH: REDDY, P. JAGANMOHANSIKRI, S.M.MITTER, G.K.CITATION: 1970 AIR 453 1970 SCR (2) 787 1969 SCC (3) 211ACT: Wat Hukums-Kolhanur State-Patel-ki-Watan inam-If could be alienated contrary to Specific Wat Hukums-Bombay Hereditary Offices Act (III of 1874)-Applicability-Limitation Act, art.142.JUDGMENT: CIVIL APPELLATE JURISDICTION : Civil Appeal No. 734 of 1966.Appeal by special leave from the judgment and order dated April 20, 1964 of the Bombay High Court in Second Appeal No.1188 of 1958.N. D. Karkhanis and A. G. Ratnaparkhi, for the appellant.D. D. Verma, R. Mahalingier and Ganpat Rai, for the respondents. up CI/70-5 788The Judgment of the Court was delivered by Reddy, J. This is an appeal by special leave against the judgment of the Bombay High Court confirming the judgment of the Assistant Sessions Judge, Kolhapur who reversed the judgment and decree of the civil judge of Junior Division at Gadh...
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