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april 1952

Supreme Court of India · 1952-04-02

RAJA BHUPENDRA NARAIN SINGHA BAHADUR vs MAHARAJ BAHADUR SINGH AND OTHERS.(Civil Appeals Nos. 68 to

Citation / case number
SC 1951/55
Court
Supreme Court of India
Petitioner
RAJA BHUPENDRA NARAIN SINGHA BAHADUR
Respondent
MAHARAJ BAHADUR SINGH AND OTHERS.(Civil Appeals Nos. 68 to
Bench
MAHAJAN, MEHR CHAND

Judgment text excerpt

The Supreme Court ruled that a zemindar cannot claim an equitable set-off against mesne profits owed to a patnidar for amounts due as rent, revenue, and cesses that accrued after the delivery of possession. The Court established that the two claims arise from different transactions: the patnidar's claim stems from the zemindar's wrongful act of trespass, while the zemindar's claim arises from the landlord-tenant relationship. Thus, the zemindar's attempt to set off these amounts was not maintainable under the law.

RAJA BHUPENDRA NARAIN SINGHA BAHADUR vs MAHARAJ BAHADUR SINGH AND OTHERS.(Civil Appeals Nos. 68 to · Niyam