The Calcutta Weekly Notes Law Notes and Notes of Cases of the Calcutta High Court and of the Judicial Committee of the Privy Council and the English Law Courts February 5 1900

The question in this litigation was whether the law of Frick& in.respect of the property which the husband putoesie1 to dispose of by his Will was applicable mitlierride the provisions of the Will. [...] We think therefore that the objection fails." The judgment then goes on to deal with the contention of the Appellant in that case that the appeal from the Deputy Collector lay to the Deputy Commissioner and not to the Judicial Commissioner. [...] Geidt's judgment of the 9th December 1895 was the finamwder in the case from which the period of limitation should run ; and further that the present proceedings commencing on the 12th of October 1898 were a continuation of the proceedings initiated by the application of the 21st December 1894. [...] Held—That the proceedings in which the decre! holders were engaged in repelling certain objections raised by the judgment-debtors to the execution of the decree were not made in an application for the same relief as was applied for in this case which the Court to which the application was made was unable to grant for defect of jurisdiction and that the provisions of cl. [...] That the Defendant not having been deprived of the possession of the mouzah by the action of the Plaintiff but by that of third parties the Plaintiffs were not disentitled to collect the full amount of the rent which the Defendant agreed to pay them.