cover image: The Calcutta Weekly Notes. Monday  August 4  1919

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The Calcutta Weekly Notes. Monday August 4 1919

1919

After reviewing the earlier schemes the lecturer pointed out that apart from the impracticability of many of them they were open to the objection that they made no provision for the creation of a body of law to be applied in the determination of disputes and that rarely did they suggest the establishment of a Court in the proper sense of the term which would decide difficulties accoring to s [...] The only right which they have irrespective of custom is to remain in possession of the land until the end of the agricultural year for the purpose of realiing rent or of tending or gathering in the crons." In the order of reference as we see the custom has been shut out from consideration and the answer has evidently been given with reference to the general law of the land.. [...] The present case is certainly distinguishable in that the learned District Judge does not seem to have held that there was any incorrectness in the map prepared by the Amin ; but on the basis of that map he considered the boundaries in the chitra and other documents produced on.behalf of the Plaintiff and came to the conclusion that the land in suit belonged to the Plaintiff's holding." Rabe Kar [...] This appeal arose out of a Suit for the recovery of price of rent in kind for the years 1319 to 1321 B. 8. The Plaintiff's case was that the Defendant took the lease for the year 1316 but was holding over after the expiry of the lease The Defendant pleaded limitation took exeept tion to the price of the paddy and answered that he executed no kabuliyat agreeing to pay rents separately to the Pl [...] It was contended by the Defendant-Appelant in second appeal that having regard to the terms of the kabuliyat and oh the authority of this Court it was contended that the Plaintiff was entitled to paddy or its price and that the current rate at the date of the suit not having been gone into by the lower Appellate Court it was wrong and illegal for the Court to pass a decree at the rate of Rs.
law
Pages
4
Published in
India
SARF Document ID
sarf.100104
Segment Pages Author Actions
The Calcutta Weekly Notes. Monday August 4 1919
clxix-clxxii unknown view

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