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.