Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Equitable set-off-Suit by patnidar against zemindar for possession of land with mesne profit |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Equitable set-off-Suit by patnidar against zemindar for possession of land with mesne profits-Decree t"n favour of patnidar Claim by 'zemindar to set off against mesne profits rent, revenue and cesses which accrued after delivery of Possession-Maintainability. Where a patnidar has obtained a decree against his zemindar · for' possession of resumed chaukidari chakran lands with mesne profits from· the date on which · the zemihdar wrongfully took. possession of them, the zemindar is not entitled to deduct by way of equitable set-off from the amount of mesne profits payable by him under the decree, the amounts due to him on account of rent, revenue and cesses for a period subsequent to the date of delivery_ of possession of the lands inasmuch as the two cross demands do not arise out of the same transaction. The transaction which led to the plaintiff's demand for mesne profits resulted from the defendant's wrongful act as trespasser, while the transaction ·which gave rise to the zemindar's demand arose out of- the relationship of landlord and tenant and the obligations resulting therefrom. |
Judge | Honble Mr. Justice Mehr Chand Mahajan |
Neutral Citation | 1952 INSC 20 |
Petitioner | Raja Bhupendra Narain Singha Bahadur |
Respondent | Maharaj Bahadur Singh And Others |
SCR | [1952] 1 S.C.R. 782 |
Judgement Date | 1952-04-02 |
Case Number | 68 |
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