cover image: 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  April 16  1900

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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 April 16 1900

1900

On trial thoMullsif held that the consideration for the pattah did pass and that it was not a collusive document ; that to suit was maintainable jointly by the tw6 Plaintiffs that the unregistered kobala of the Defendant did not transfer the property isuit that there was on the part of the Plaintiffs that the pa e Plaintiffs prevailed against tie kobala of the endant and the Munsif *creed t [...] that subsisting possession did not amount to a delivery of possession within the meaing of that section ; and that the lower Cdurt erred in law in contrasting the registered leasehold right of the Respondent with the unregistered right of the Appellant under the kobala and that the finding of that Court really amounted to this that the kobala was not a valid document at all and that what had [...] That the process of the making over of the property by the mortgagee to the mortgagor and of the re-delivery of the property by the mortgagor to the mortgagee would not be necessary to bring the: case Within sec. [...] The Defendants first party proprietors of 11 annas in mouzah Pair contested the suit and denied the exclusive right of the Pl§intiffs to the water of the tankmand contended that ta'Plaintiffs had no right to use the water except with the permission of the proprietors of the mouzah that the water-course on the north-east corner of the tank was made to irrigate the mal lands lying east of Plaint [...] Justice Rampini in delivering judgment of the Court observed :---That none of the pleas could prevail ; that the right decreet to the Plaintiffs was not destructive of Defendants' rights in the tank although no doubf; it restricted to a' 'great extent their rights in it ; that the (Defendants had still the right of using the water of the tank in any.
law
Pages
8
Published in
India
SARF Document ID
sarf.100104
Segment Pages Author Actions
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 April 16 1900
cxxxvii-cxliv unknown view

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