Supreme Court of India · 1960-10-28
SHRIMANT APPASAHEB TULJARAM DESAIAND OTHERS vs BHALCHANDRA VITHALRAO THUBE
- Citation / case number
- SC 1957/60027
- Court
- Supreme Court of India
- Petitioner
- SHRIMANT APPASAHEB TULJARAM DESAIAND OTHERS
- Respondent
- BHALCHANDRA VITHALRAO THUBE
- Bench
- IMAM, SYED JAFFER
Judgment text excerpt
The Supreme Court held that a building constructed on watan land does not qualify as watan property under Section 4 of the Bombay Hereditary Offices Act, 1874, if it was built after the creation of the watan. The Court ruled that the appellant, who claimed to be an agriculturist, did not meet the criteria set forth in Section 60(1) of the Code of Civil Procedure, 1908, as he was not entirely dependent on agricultural income. Consequently, the building was deemed liable for attachment and sale in execution of the decree against the original owner.