The Calcutta Law Journal - Reports of Cases Decided by the Judicial Committee of the Privy Council on appeals from India By the Supreme Court and by the High Court of Judicature at Fort William in Bengal July to December 1950

One of the questions that was in issue in the present suits was the question whether this loan of 500 maunds was for any justifying necessity " of the Pokrauni Asthal itself.- The relevance of the enquiry was that had the loan been made for"4 tut CALCUTTA LAW JOURNAL. [...] In both cases the trial judge held that there was no bar by limitation and so holding decided the Title Suit in favour of the respondents since lie came to the conclusion that the property in dispute was devottar property of the Pokrauni Asthal and that the exception sale of 1914 had been ineffective to deprive the Asdlal of its title to the property. [...] The reasoing of the Courts below answers.this question by selecting the date of the death of Damodar Das since they draw an analogy between what would have been the position had Damodar Das for instance himself sold tlje disputed property to provide money for the payment of Priya Das's loan and the position that in fact arose when the disputed property was sold in execution to satisfy the j [...] For the very judgment to which the respondents refer for the observation of Lord Buckmaster in support of their contention contains a decision by the Board that in the case of an execution sale of devottar property it is not the death of the incumbent but the date of alienation: (if -4c companied of course by possession) that is the commencing date for adverse possession for the purposes of Arti [...] The defence taken in the written statement is two-fold: one is that the lease was for manufacturing purposes and the other.is a denial of the bonafide requirement of the plaintiffs upon the grounds mentioned in the plaint.