cover image: Reports of Cases Heard and Determined by The Judicial Committee and the Lords of Her Majestry’s Most Honourable Privy Council  on Appeal from the Supreme and Sudder Dewanny courts 1837-1841

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Reports of Cases Heard and Determined by The Judicial Committee and the Lords of Her Majestry’s Most Honourable Privy Council on Appeal from the Supreme and Sudder Dewanny courts 1837-1841

1915

On a suit brought by the original proprietor for possession of the Mootah and payment of the surplus after satisfying the advances made on account of the arrears it was held by the Judicial Committee affirming the judgment of the Sudder Court that the transaction was in the nature of a mortgage and that the party to whom the Kararnamah was executed was only entitled to retain possession of th [...] In pursuance of this order the Respondents (who were the representatives of the parties legally entitled to the offices) on the 17th of September 1827 filed their plaint in the Court of the Assistant Judge of the Zillah of Surat against the Appellants the Sons of Gungadhara to whom the Pergunnah had descended to recover from them the sum of Rs. [...] V. Because the frame and object of the suit was not such as to authorize the Court below to make any decree with regard to the employment of the Respodent or the payment of the fees in future ; and even if the frame and object of the suit were such as to authorize the Court below to make such a decree the evidence given on the part of the Respondents was not such as to warrant it in the prese [...] Because as regarded the right to the offices in question the time limited by the law of Limitations for the institution of a suit had not elapsed at the time of filing the plaint and by the same law the claim of the Respondents for arrears of fees incident to the offices for the twelve years immediately preceding the institution of the suit was sustainable. [...] The continuance of the disputes in regard to the right of succession to Khoorsed-jee's estate and the diturbed and unsettled state of the country conseauent on the consequent of Poona prevented the Respondent from asserting his claim to the village on the domnions of the „Peishwa coming under the British rule.
law
Pages
541
Published in
India
SARF Document ID
sarf.140903
Segment Pages Author Actions
Frontmatter
i-vii Edmund F Moore view
On Appeal from the Supreme and Sudder Dewanny Courts in the East Indies
1-516 unknown view
An Index to the Principal Matters Contained in this Volume
517-532 unknown view
Subsequent History of Cases
i-ii unknown view

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