FATMA HAJI ALI MOHAMMAD HAJEE Vs. STATE OF BOMBAY
SUPREME COURT OF INDIA (FROM: BOMBAY)
FATMA HAJI ALI MOHAMMAD HAJEE
STATE OF BOMBAY
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(1.)This is an appeal from a judgment of the High Court of Judicature at Bombay modifying the decree of the trial Court and decreeing partially the plaintiff's suit. The appellants are the legal representatives of the original plaintiff Haji Ali Mohamed Raji Cassum. The State of Bombay is the respondent.
(2.)The facts giving rise to this controversy briefly stated are as follows :
(3.)Village Dahisar originally formed part of the Malad Estate comprising in all eight villages. The said estate was conveyed by the East India Company to two Dady brothers for valuable consideration by a deed of indenture dated 25th January 1819. By that conveyance all the lands in the eight villages were conveyed absolutely to the said purchasers and it was covenanted by the Company that the purchasers, their heirs and assigns shall peaceably and quietly enjoy the said villages and receive and take the rents and profits thereof without any hindrance or interruption from the said Company. By a sale deed dated 13th December 1900, Haji Cassum, father of the plaintiff, purchased the village of Dahisar from its proprietors for a price of Rs. 1,30,000 and after his death the plaintiff became the proprietor thereof and as such received rents and assessment from the tenants and holders of the lands in the village according to the rights prevailing under the survey settlement which had taken place in the village about the year 1864-1865.
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