ULAWAPPA BASAWANEPPA HUGAR Vs. GADIGEWA HUGAR

JUDGEMENT

(1.) The plaintiffs sued to recover possession of the site described in the plaint The defendants replied that the site did not belong to plaintiffs; that it belonged to the defendants; that the plaintiffs were never in possession; and that as they were not in possession within twelve years next before suit, the suit was time-barred.

(2.) The trial Court held that the suit site belonged to the plaintiffs; that it was in their possession within twelve years next before suit, and that the suit was not barred by limitation.

(3.) In appeal the District Judge referred to the sanad issued to the plaintiffs in 1902 under Section 183 of the Bombay Land Revenue Code. The Judge said :- The sanad means that the plaintiffs father was at that time registered in the Collector's books as the occupant of No 274, The Collector's books are kept for the purposes of revenue. They indicate the person who is or would be liable for the payment of land assessment. They do not indicate any title as between a subject and a subject They do not oven afford a certain index of actual possession. It is clear that in the present case the plaintiffs father, although he was the registered occupant of No. 274, was nevertheless not in actual possession of the whole of that number.