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october 1960

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.

SHRIMANT APPASAHEB TULJARAM DESAIAND OTHERS vs BHALCHANDRA VITHALRAO THUBE · Niyam