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 Monday March 27 1905

(ORDINARY ORIGINAL.) In the matter of Act XX of 1547 and in the matter of the Entry in the Registry of Copyright of the Books of Majumiah al Sarah and Manjiat in the Catalogue of Books kept at Bombay under Act XXV of 1807. [...] The Court of the first instance held that even supposing it was within the power of the Defendants to sell a portion of the holding yet as the provisions of sec. [...] 12 and 17 of the Bengal Tenancy Act had been complied with or to sue to recover rent of the holding from any body except the persons whom the Plaintiff had recognised as the tenants." The sudivision of the tenancy set up by the Defendant could not be binding upon the landlord -having regard to the terms of sees. [...] As to the second point the Court found that the application for issue of notice was made in due time as the limitation is not to be calculated up to the date of the actual service of notice but lip to the date when the application for the issue of notices was made to the Colleetorate." With reference to the first point it was held ; that " having regard to the provisions of sec. [...] 260 of the Indian Succession Act when the title of the executrix as such was disputed by the Defendants in the case it was incumbent on her to file as proof of her title not merely a copy of the grant but also a copy of the Will attached to the grant which with the grant formed the probate." But the lower Courts could not go " behind the grant and interpret add or modify its terms by the pro