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  1885-86

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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 1885-86

1886

The Plaintiffs allege that the decree was not so framed as to affect the whole joint estate ; that they were not parties the nature of the claim giving the Plaintiffs no right against the other members of the family ; that the auction purchaser puchased only the right and interest of Girdhari ; that there were material irregularities in the conduct of the sale resulting in an inadequate price [...] " (7.) That the two Plaintiffs ought to be put in possession of their shares and the possession of the purchaser be maintained merely to the extent of Girdhari's interest in the estate ; but that as the first Defendant purchased in good faith and no one on behalf of the minors suggested the existence of their rights they are not entitled to mesne profits of their shares up to the date of the su [...] 249 of the Civil Procedure Code hiever provides that the proclamation of sale shall declare that 'the-sale extends only to the right title and interest of the judment debtor in the property specified ; and it may be contended that read in the light of this section this was the proper meaning of the petition and the certificate. [...] As to this the original Court observes : The circumstances at the time of sale were such as to impress any person not acquainted with the minor Plaintiff4' family with the belief that the entire share aforesaid was the property of the Baba Defendant and it is very probable that upon such belief the first party Defendant made the auction purchase ; and when the first party Defendant enforced the [...] The probability that this was so is greatly increased by the fact that though the father persistently disputed the validity of the sale and carried the case up to the Privy Council he on no occasion took the point that the minors' share of the property was not affected by it.
law
Pages
186
Published in
United Kingdom
SARF Document ID
sarf.100079
Segment Pages Author Actions
Frontmatter
i-xiv Herbert Cowell view
Cases in the Privy Council on Appeal from the East Indies
1-168 Herbert Cowell view
Index
169-172 Herbert Cowell view

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