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  1881-81

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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 1881-81

1882

It is to the effect that the Lower Court has acted upon a wrong priciple in assessing the mesne profits; that it has simply added together the totals of the rents which the Ameen has found to have been paid in each year to the judgment debtor by the ryots and not taken into account the loss which the judgment creditor has sustained during the long period of dispossession. [...] In that suit a decree was made for the Plaitiff to recover possession of the lands and also the mesne profits not from a time previous to the date of the suit as claimed but from the date of the suit to the date of recovery of possession to be ascertained by inquiry at the time of the execution of the decree with interest from the date of the ascertainment at 6 per cent. [...] There it was contended that the original decree of the Court ought to be altered ; here it is contended not that the original decree of the Court ought to be altered by awarding interest year by year but that the decree of the High Court in the execution of the case in awarding such interest was in accordance with the original decree. [...] It appears to their Lordships that the decision of the Lower Court in executing the decree was in accodance with the decree and that the decision of the High Court by adding the interest from year to year exceeded the original decree. [...] The issues raised as to the right of the minor Plaintiffs to inherit originally involved the following questions :—First the alleged marriage of their mother Mussumat Lalli with the late Nawab ; secondly the alleged acknowledgment and recognition of them by the late Nawab as his sons and the legal consequence of such recognition if made ; and thirdly the existence of certain family customs.
law
Pages
222
Published in
United Kingdom
SARF Document ID
sarf.100079
Segment Pages Author Actions
Frontmatter
i-xii Herbert Cowell view
Cases in the Privy Council on Appeal from the East Indies
1-206 Herbert Cowell view
Index
207-209 Herbert Cowell view
Backmatter
i-i Herbert Cowell view

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