BAWA MAGNIRAM SITARAM Vs. KASTURBHAI MANIBHAI

JUDGEMENT

(1.) Their Lordships have come to a clear opinion upon the merits of this appeal, and as it relates to the possession of land, they will not reserve the expression of the advice that they will tender to His Majesty.

(2.) The appellant is seeking to obtain possession of a piece of laud some 5 1/2 acres in extent, that is situated near the Delhi Gate of the city of Ahmedabad. That the respondents are in possession by themselves or their tenants is not in dispute; it is indeed the foundation of the appellant's claim, for the proceedings out of which this appeal has arisen were instituted by the appellant as plaintiff claiming to recover possession of the property upon the ground that the only right of the respondents is as tenants from year to year, a tenancy which had been duly determined by notice, or in the alternative, that the conduct of the respondents rendered it unnecessary that the appellant should take any further steps to secure its determination.

(3.) The land in question was granted on the 17 June, 1756, to one Sultansingh Marajji for the deity of Shri Ranchhodji; in other words, the grant was a grant to a named person for a defined religious purpose.