High CourtsDivision Bench(1925) 02 BOM CK 0007

Trimbak Narayan Pujari vs Damu Bhau Sali

Bombay High Court · Decided on 19 February 1925 · Citation: AIR 1925 Bom 430 : (1925) 27 BOMLR 656 : 95 Ind. Cas. 881

HON’BLE JUDGES
Norman Macleod, J · Coyajee, J
RESULT
Dismissed
CASE NUMBER
Second Appeal No. 165 of 1923

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Judgment

1 paragraphs · 127 words

Norman Macleod, Kt., C.J.—The plaintiff failed to prove his title. It has been argued that because he got his name entered in the City Survey as the owner of the land in dispute and obtained a sanad, the Court is bound to consider him aa the presumptive owner of the land, and that the defendant was bound to show some better title in order to defeat the plaintiff''s claim But there is nothing in the Bombay Land Revenue Code which justifies us in saying that a person who gets a sanad at the City Survey on his ex parte application, is entitled to turn out the person in possession of the land, unless he shows that he has a better title. The appeal is dismissed with costs.