cover image: The Law Reports. Under the Superintendence and Control of the Incorporated Council of Law Reporting for England and Wales  Indian Appeals: Being Cases in the Privy Council on Appeal from the East Indies  1879-80

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The Law Reports. Under the Superintendence and Control of the Incorporated Council of Law Reporting for England and Wales Indian Appeals: Being Cases in the Privy Council on Appeal from the East Indies 1879-80

1880

The High Court has held that the right of the Plaintiff to assert the rights which he has asserted in this suit accrued to him at the date of this decree and that therefore the decree having been passed in 1860 the present suit which was instituted on the 17th of September 1873 is out of time. [...] It appears to their Lordships that this or at all events the date of the dismissal of the appeal is the earliest at which it can be said that the title of the Plaintiff to the relief which he seeks in the present suit accrued. [...] The effect of the decree in Nusruddin’s suit in so far as it set aside the partition was to give to him a right to take from the Plaintiff four annas of the rents of all the villages previously allotted to him and to give to the Plaintiff a corresponding equity or right to have the twelvg annas of the rents of the villages which had formerly belonged NI Sumdul. [...] The provision of the Act of 1871; which seems to their Lordships to govern the case is the 145th article of the 2nd schedule which says that the time from which the period of twelve years is to be calculated is that when the possession of the Defendant or of some person through whom he claims became adverse to the Plaintiff.
law
Pages
273
Published in
United Kingdom
SARF Document ID
sarf.100079
Segment Pages Author Actions
Frontmatter
i-xiii Herbert Cowell view
Cases in the Privy Council on Appeal from the East Indies
1-256 Herbert Cowell view
Index
257-260 Herbert Cowell view

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