Niyam v2 is live — start for just ₹100 — 200 credits to try

august 1964

Supreme Court of India · 1964-08-28

MALLAPPA BASAPPA DESAI vs MALLAPPA VEERABHADRAPPA DESAI AND OTHERS

Citation / case number
SC 1963/16
Court
Supreme Court of India
Petitioner
MALLAPPA BASAPPA DESAI
Respondent
MALLAPPA VEERABHADRAPPA DESAI AND OTHERS
Bench
GAJENDRAGADKAR, P.B. (CJ)

Judgment text excerpt

The Supreme Court interpreted Rule 9 of the Bombay Regulation VIII of 1827, clarifying that in cases where the District Court appoints an administrator due to disputed succession, the relevant date for assessing possession is the commencement of proceedings, not the date of the order. The Court held that the administrator's appointment was valid as the claimants had not established possession at the relevant time. The appeal against the Mysore High Court's decision was dismissed, affirming the administrator's role until succession rights are determined.

MALLAPPA BASAPPA DESAI vs MALLAPPA VEERABHADRAPPA DESAI AND OTHERS · Niyam