Bombay High Court
Musammat Bachi vs Bikhchand Jiomal And Kherajmal ... on 17 November, 1910
Equivalent citations: (1911)13BOMLR56
JUDGMENT Macnaghten, J.
1. The Dekkhan Agriculturists Relief Act gives extraordinary relief in certain cases. The cases are specified in the Act. The list includes a suit for redemption. The only question is-Is this suit one in which special relief can be granted ? In their Lordships' opinion it is not. In form it is a suit for redemption. In reality it is nothing of the kind. It is a suit to recover property of which the rightful owner has been deprived by fraud. That settles the case.
2. Their Lordships will therefore humbly advise His Majesty that this appeal ought to be dismissed, and the appellants must pay the costs.