The Law Reports. Indian Appeals: Being Cases in the Privy Council on Appeal from the East Indies 1903-1904

Nobody could have dreamt or thought of what was to happen thirteen years afterwards. The conduct of the plaintiffs and the low price paid for this large estate of immense value referred to in the arguments fully support my finding on the intentions of the parties." The High Court referred to a judgment of the Judicial Comittee of the Privy Council to the effect " that what the Courts ha [...] On further appeal the High Court again varied the terms of the puttahs to be tendered ; and thus by the decree of the High Court dated October 29 1889 the conditions of the tenancies including the rates of rent were finally determined. [...] They will humbly advise His Majesty that the decrees of the High Court and the District Court ought to be discharged with costs and those of the Munsiff's Court discharged and that the cases ought to be remitted to the High Court with a declaration to the above effect in order that they may be disposed of in the Munsiff's Court in accordance with that declaration. [...] The Court also held that it was clear from the provisions of the mortgage bond executed by the manager in plaintiff's favour that plaintiff never intended to give up the benefit of the first mortgage to the appellant (which had been paid off with the proceeds of the mortgage to plaintiff). [...] Their Lordships agree with the learned judges of the High Court at Calcutta in the opinion that " to hold that the manager has no power to sell or mortgage would have the effect of frustrating the object for which generally speaking a common manager is appointed." In India " the management of a property carries with it the obligation of paying the dues accruing upon it ; and for the payment of