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PETITIONER: RAJA BHUPENDRA NARAIN SINGHA BAHADUR
Vs.
RESPONDENT: MAHARAJ BAHADUR SINGH AND OTHERS.(Civil Appeals Nos. 68 to 9
DATE OF JUDGMENT: 02/04/1952
BENCH: MAHAJAN, MEHR CHAND BENCH: MAHAJAN, MEHR CHAND AIYAR, N. CHANDRASEKHARA BOSE, VIVIAN
CITATION: 1952 AIR 201 1952 SCR 782
ACT: Equitable set-off--Suit by patnidar against zemindar for possession of land with mesne profits--Decree in favour of patnidar-Claim by zemindar to set off against mesne profits rent, revenue and cesses which accrued after deliv- ery of possession--Maintainability.
HEADNOTE: Where a patnidar has obtained a decree against his zemindar for possession of resumed chaukidari chakran lands with mesne profits from the date on which the zemindar wrongfully took 783 possession of them, the zemindar is not entitled to deduct by way of equitable set-off from the amount of mesne profits payable by him under the decree, the amounts due to him on account of rent, revenue and cesses for a period subsequent to the date of delivery of possession of the lands inasmuch as the two cross demands do not arise out of the same trans- action. The transaction which led to the plaintiff’s demand for mesne profits resulted from the defendant’s wrongful act as trespasser, while the transaction which gave rise to the zemindar’s demand arose out of the relationship of landlord and tena...