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.