KALYANDAPPA AYAPPA DESAI Vs. CHANBASAPPA DODAPPA DESAI

JUDGEMENT

(1.) The suit in this case was brought in the Court of the Subordinate Judge of Bijapur to recover possession of certain vatan lands and other lands of ordinary tenure, the plaintiff making a claim as the nearest agnate to the last male owner, and averring that his title accrued on the death of the latter's widow. The principal defendant, the now respondent, being in possession of the property, pleaded various defences of which the one which is important for present consideration, depends upon the Indian Limitation Act.

(2.) The plaintiff recovered judgment before the Subordinate Judge for possession of the vatan lands, but not of the lands of ordinary tenure. Appeal was taken to the High Court of Judicature at Bombay, which reversed the decision of the Subordinate Judge and gave judgment for the defendant.M

(3.) From this decree, the representatives of the original plaintiff have appealed to His Majesty in Council. As to the non-vatan lands, the plaintiff acquiesced in the decision of the Subordinate Judge against him. Of the vatan lands, there were two kinds, and it was contended for the defendant that, as regards one kind, known as deshgat vatans, he was in a more favourable position than with regard to the others and must in any event succeed. But the Subordinate Judge and the High Court agreed, though for somewhat different reasons, that the parties stood in the same position with regard to both kinds of vatan lands. Their Lordships do not find it necessary to go into the reasons given by the Subordinate Judge, but they are satisfied, upon the ground given in the judgment of the High Court, that the defendant was in no better position with regard to the deshgat vatans than he was with regard to the other vatan lands. But as regards both classes of vatans, there is, as the High Court observed, a serious defence under Art. 118 of the Indian Limitation Act.