1903 (2) TMI 1 - HC - Indian Laws

Plaintiff's Claim Dismissed as Time-Barred; Defendant's Possession Upheld

Thakore Fatesingji Dipsangji Versus Bamanji Ardeshir Dalal

Thakore Fatesingji Dipsangji Versus Bamanji Ardeshir Dalal - ILR1903 27 Bom 515 Issues Involved:1. Whether the Government of Bombay as parens patriae had the power to authorize the grant of a permanent tenure to the defendant under any circumstances.2. Whether, if they had such power, circumstances of the necessity of the estate or of benefit to it justified their authorizing such a grant.3. Whether the Government did in fact either authorize or ratify such a grant.4. Whether in the absence of authority for such a grant or its ratification, the Collector could, as de facto guardian and administrator, give such a grant.5. Whether, if the Collector could do so, the documents of 1881 and 1884, Exhibits 59, 60, and 61, being unregistered, are admissible in evidence to prove such grants.6. Whether those documents, if admissible in evidence, are affected by the later document, Exhibit 62 of 1890.7. Whether the Collector, having executed Exhibit 62 after the plaintiff had attained majority, could and did bind the plaintiff thereby.8. Whether the plaintiff, by his receipt of rent for 1897-98 and 1898-99, ratified or acquiesced in all or any of the grants in question.9. Whether, if the grants to the defendant are unestablished either by reason of the documents to evidence them being inadmissible or by reason of want of authority in the Collector to execute them, the defendant has acquired a title either as a permanent tenant or as absolute owner by adverse possession under the Limitation Act.10. Whether, if the defendant by reason of the invalidity of the documents in question were a yearly tenant only, he can be ejected without due notice on his repudiation of the plaintiff's title as landlord.11. Whether, if he be liable to ejectment, he is entitled, either under Section 51 of the Transfer of Property Act or in equity, to compensation for the present estimated value of improvements made by him, or to a lien on the property for the amount.Issue-Wise Detailed Analysis:1. Power of Government as Parens Patriae:The court acknowledged that the Government of Bombay had the guardianship of the plaintiff as parens patriae. However, it was not contended that such power would be unlimited or extend to the absolute alienation of the ward's property without regard to justifying necessity and the interests of the minor. The Government's delegation of management to the Collector authorized only management and reserved to the Government the power to determine the best plan for liquidation of debts.2. Justification of Grant:The court did not find any express approval from the Government authorizing the grant of a permanent tenure to the defendant. The Government's communication suggested that the Collector should comply with the Guardians and Wards Act to secure the defendant's position, indicating no full ratification of the grants.3. Authorization or Ratification by Government:The court found no evidence that the Government had either authorized or ratified the grant of a permanent tenure to the defendant. Full knowledge of the facts is essential for ratification, and the Government's document did not express explicit approval of the grants.4. Authority of Collector as De Facto Guardian:The court determined that the Collector, acting on behalf of the Government, could not validly lease the minor's property in perpetuity without precedent authority or subsequent ratification. The Government apparently reserved the authority for such purposes to itself.5. Admissibility of Unregistered Documents:The court concluded that the documents, Exhibits 59, 60, and 61, being unregistered, were inadmissible in evidence to prove the grants. The Registration Act rendered such documents inadmissible if unregistered, and the exemption for grants by Government did not apply to private documents executed on behalf of minors.6. Effect of Later Document (Exhibit 62):The court found it unnecessary to consider the effect of Exhibit 62 on Exhibits 59, 60, and 61, as Exhibit 62 itself was void and could not operate to cancel the previous documents.7. Binding Nature of Exhibit 62:Exhibit 62 was executed by the Collector after he was functus officio as guardian, and the plaintiff did not ratify the transaction. The plaintiff's receipt of rent did not amount to ratification of the lease.8. Ratification or Acquiescence by Plaintiff:The court determined that the plaintiff's receipt of rent did not constitute ratification or acquiescence in the grants. The plaintiff's actions did not amount to fraud, and there was no evidence of specific expenditure incurred by the defendant in consequence of the plaintiff's receipt of rent.9. Adverse Possession:The court found that the defendant's possession was adverse to the plaintiff's title, and the plaintiff's suit was time-barred. The possession of the defendant was adverse from the date he entered under the void lease, and the plaintiff had three years from the date of attaining majority to bring the suit.10. Ejectment without Due Notice:The court held that the plaintiff could not eject the defendant without proper notice. The defendant's reply did not amount to a denial of the plaintiff's title as landlord, and the plaintiff was not entitled to maintain the suit to eject the defendant.11. Compensation for Improvements:The court did not find it necessary to discuss the issue of compensation for improvements, as the plaintiff's suit was dismissed on other grounds.Conclusion:The plaintiff's claim was dismissed as time-barred, and the defendant's possession as a permanent tenant was upheld. The court confirmed the decree of the lower court and rejected the plaintiff's claim with costs throughout.