BALWANT R NATU Vs. SECRETARY OF STATE

JUDGEMENT

(1.) The course of this litigation is described in Balvant V/s. Secretary of State (1905) I.L.R. 29 Bom. 480 : 7 Bom. L.R. 497. The case then came on appeal before a Division Bench consisting of Russell and Batty JJ., who after a long judgment dealing with various points sent down for trial the issue whether the land in dispute was comprised within the area to which the grant extended or formed part of the unassessed waste excluded from the grant.

(2.) The District Court has returned a finding that the land in dispute was included in the grant to the Inamdar.

(3.) The case again came before the same Bench, when it was directed to stand over for one month to afford the defendant an opportunity of producing evidence, if he so desired, in rebuttal of that which had already been adduced by the plaintiffs on the subject of possession.