The Law Reports. Supplemental Indian Appeals: Being Cases in Privy Council on appeal from the East Indies Decided between March 1872 and November 1873

In the year 1849 the Board of Revenue acting as the Court of Wards desiring to know which of the two minor sons of the zemindar of Parayur was to succeed him requested the Collector of Tinnevelly and Madura to ascertain the rule of succession “as regards sons by different wives ” and it appears from the Collector’s letter to the secretary of the board that the opinions of twenty zemindars and po [...] Appellant that the fact that the priority of the marriages of the second and third wives was made a question in the declaratory suit and in this suit and strongly contested indicated an impression on the minds of the litigants that a custom existed to the effect alleged by the Appellant for if there were no such custom the contest as to the priority of the marriages was immaterial. [...] When the father from whatever motive rut forward this view of the custom it was natural that the fact of the priority of the marriages should be made a question in the suit as well as the nature of the custom. [...] For the Appellants it was contended that the conduct of the Government of India in not pressing their plea to the jurisdiction in the earlier stages of the suit amounted to a waiver of such plea. [...] And at her death according to the Respodent her sovereignty and interest of all kinds determined and lapsed to the East India Company and accordingly Badshapore at the time of the " assumption " was part of the dominion of the Company and the " assumption " in question was therefore an exercise of authority by the ruling power against an ordinary individual and as such cognizable by the Mu