BABASAHEB BHAIROJIRAO GHORPADE Vs. GOPAL HANMANT KULKARNI

JUDGEMENT

(1.) The respondent purchased by a sale-deed dated October 13, 1910, the land in suit, from one Fakirappa and brought this action against the appellant who was in possession. Both the lower Courts have decreed the claim. Mr. Desai on behalf of the appellant has advanced two contentions : (1) that the land in suit is a Khushbhas Inam which is inalienable and (2) the respondent's claim is time-barred.

(2.) The appellant is the Inamdar, His case is that the land is of a service Inam tenure granted by the Inamdar to one Irappa. On the death of Irappa his son Fakirappa agreed to render the service attached to the tenure and so succeeded to the land. In the year 1911 Fakirappa being no longer willing to render the service imposed by the tenure surrendered the land to the Inamdar.

(3.) To take the second point first: Both the lower Courts have held that the appellant went into possession of the land in the year 1911 and that his adverse possession did not commence until July or August 1911. The suit was brought in 1922 within the period of twelve years required for the perfection of a title by adverse possession. Mr. Desai has argued that Fakirappa did not pay the assessment on this land since 1904 and in the year 1912 the appellant paid the arrears of assessment from 1905 to 1912. From that circumstance he wants us to infer that Fakirappa was not in possession of the land from 1905 and that the appellant's possession began, in 1905. In view of the admission made by the appellant before the trial Court and the concurrent finding of the two Courts, that the appellant entered into possession of the land in 1911 only we do not agree with Mr. Dasai contention that the appellant must be deemed to be in possession since 1905 and to have acquired a good title to the land by adverse possession. The non-payment of assessment by Fakirappa from 1905 does not necessarily prove that he was then dispossessed by the appellant. The point of limitation taken by Mr. Desai, in our opinion, fails.