SRI MONOHAR DAS MOHANTA versus CHARU CHANDRA PAL AND OTHERS

SRI MONOHAR DAS MOHANTA versus CHARU CHANDRA PAL AND OTHERS

Presumption of lost grant cannot be raised where suit lands are shown to be Mal lands assessed to revenue at the permanent settlement, where the alleged grant would have been illegal or beyond the powers of the grantor (in this case, the Mahant), and where defendants deny the title of the alleged grantor. Plaintiff was entitled to assessment of fair and equitable rent as the adverse possession plea was not substantiated and suits were within limitation.

Parties
Appellant: Sri Monohar Das Mohanta; Respondents: Charu Chandra Pal and Others
Jurisdiction
India
Judgment Date
20 December 1954
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
appeals allowed
Legal Topics
Presumption of Lost Grant, Religious Trusts, Limitation, Tenancy, Adverse Possession
Property Law Civil Procedure Presumption of Lost Grant Religious Trusts Limitation Tenancy Adverse Possession

Case Brief

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Parties

Sri Monohar Das Mohanta

Appellant

Charu Chandra Pal and Others

Respondents

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether a presumption of lost grant can be raised in favour of the defendants based on long possession without payment of rent
  2. 2 Whether the suit is barred by limitation

Ratio Decidendi

Presumption of lost grant cannot be raised where suit lands are shown to be Mal lands assessed to revenue at the permanent settlement, where the alleged grant would have been illegal or beyond the powers of the grantor (in this case, the Mahant), and where defendants deny the title of the alleged grantor. Plaintiff was entitled to assessment of fair and equitable rent as the adverse possession plea was not substantiated and suits were within limitation.

Court Disposition

appeals allowed

Orders

  • Decrees of the District Court and High Court set aside
  • Decrees of District Munsif restored with costs