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  July 9  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 July 9 1900

1900

Upon the removal of the plates again as aforesaid in 1898 by the Wardens without a faculty the question argued was whether the proved fact of the payment for repairs of the pews was or was no tiktn act of ownership inconsistent with mere permissive occuption and therefore whether a prescriptive right in the absence of a faculty should or should not be presumed. [...] The COURT or APPEAL on an examination of the evidence before the jury having arrived at the conclusion that there was not the slightest eyidence in support of negligence on the part of the Defenant entered judgment for the Defendant. [...] The suit out of which this appeal arose was one brought by a reversionary heir to recover prperty which was sold by the widow of the last full owner of the property and was now in the hands of the Defendant. [...] The Courts below held that there was legal necessity and that the sale was valid and could not be set aside but the Subordinate J udge notwithstanding this finding passed a decree that on payment by the Plaintiff's to the Defendants (within two months from the date on which the decree was drawn up in that Court) of the sum of Rs. [...] 199 with the costs of both the Courts or upon deposit of the aforesaid amount with costs in the Court of first instance within the said period the sale to the lefendants should stand cancelled and the Plaintiffs would be restored to possession of the land in suit but should be precluded from claiming any mesne profits from the Defendants.
law
Pages
4
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 July 9 1900
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