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  Monday  May 22  1905

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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 Monday May 22 1905

1905

In this case which was one by the debtor to rescind the receiving order made in the Wandworth County Court the Divisional Court allowed the appeal with costs following the abovementioned decision of the Court of Appeal and deciding that there was sufficient cause why Grover and Grover Limited the petitioning creditors should be held to have disentitled themselves to present the petition in [...] The debtor's estate was not sufficient to pay 2 in the pound but the offer of 7/6 was made the relatives of the debtor having offered to purchase the estate which would allow of that payment. [...] The defence inter alia was that the Plaintiffs' suit was barred by limitation The Munsif had found on the evidence that the.plaintiffs were never in possession of the land in dispute and that they were not wrongfully dispossessed by the Defendants but he had decreed the Plaintiffs' suit on the ground that according to the terms of a kabuliyat executed by the predecessor of the Plaintiffs in f [...] Held—That notwiths!anding the fact that the case of the kabuliyat was not alleged in the plaint yet when the facts came out at the trial which if true would have barred the running of the statute the Court ought not to have dismissed the suit on the Statute of Limitation but ought to have investgated the case on the merits. [...] S.) The allegation of the Plaintiff was that the land in dispute was originally Ghatwali chakran and that the father of the Defendant and after his death the Defendant himself had held possession of the land under the Ghatwal as a raiyat upon payment of an annual rent of Rs 7 and had acquired rights of occupancy by possession for upwards of 12 years.
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 Monday May 22 1905
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