Supreme Court of India

Patel Naranbhai Marghabhai and Ors. v. Deceased Dhulabhai Galbabhai and Ors.

Neutral citation

Reported as [1992] 3 S.C.R. 384

Bench N.M. Kasliwal J.

Decided 15 May 1992

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

4 Supreme Court benches have cited this judgment.

What the Court ordered

We hold that the civil court is right to award mesne profits as integral power to order delivery of possession as this would arise only due to non-delivery of possession.

Judgment, page 10

From the headnote

Bombay Agricultural Debtors Relief Act, 1947-Sections 32(2)(v), 38(3), 51- read with sections 27, 3, Schedule Limitation Act-Suit for recovery of possession of property-Limitation-Determination-Non prescription of period of /imitation-Legislative intention of-whether Section 27 applicable. Constitution of India 1950-Arlic/e 136-Appeal under-Appreciation of evidence-Plea of auction-Purchase of hypothica, adverse posses sion-Proof of-Award of mesne profit by executing Court-Legality of. The predecessor of the respondents mortgaged the suit-lands to the predecessor of the appellants, under the

Authorities it was built on

1961 Shri Madhav Laxman Vaikunthe v. The State of Mysore cited by 8
1976 Controller of Estate Duty, Gujarat v. Kantilal Trikamlal cited by 7

Where later benches applied it

Of those, 2 relied on · 2 mentioned

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