cover image: Decisions Under the Rent Laws of the Sadr Dewani Adalat  and of the High-Court of Judicature and at Fort William in Bengal (from the Passing of Act X of 1859)

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Decisions Under the Rent Laws of the Sadr Dewani Adalat and of the High-Court of Judicature and at Fort William in Bengal (from the Passing of Act X of 1859)

1865

plaintiff the stun of Rupees 6 466 with interest from the dale of the decision of the Lower Court to the date of realization and we reverse so much of that judgment as declares plaintiff entitled to eject the defendant from their lands unless within fifteen days from the date of the decree they pay to the plaintiff the sum of Rupees. [...] Revenue Courts to be followed by a regular suit in the Civil Courts to contest the award of the Revenue Authorities has made all suits of this description cognzable by the Revenue Authorities only as the Court of first instance with a right of appeal when the judgment of the Revenue Court was nomade final to the Zillah Judge or to the Budder Court (see Section 160 of the Act) and that [...] It has been argued before us that the term " snits" made use of in describing the different kinds of claims that are made cognizable by the Revenue Courts only in the Clauses of Sections 23 and 24 of the Act properly mark the cases in which the judgments and orders passed by a Collector are appealable to the Zillah Judge or the Sadder Court and that the absence of such definition in Sections 25 [...] of 1840 case regarding some of the lands leased to defendant ; the defendant alleging that according to the conditions of the lease he was bound to keep up the boundaries of the estate and to be reimbursed all his expenses incurred by him in guarding the interests of the lessor. [...] The award therefore of the Collector can only be legally made upon the grounds allowed by Section 77 and if in addition to such grounds the Collector proceeds to determine the legal title of tho parties such part of the award mustbe a nullity and cannot effect the rights of the parties as is declared by the proviso at the close of Section 77.
law
Pages
228
Published in
India
SARF Document ID
sarf.143403
Segment Pages Author Actions
Frontmatter
i-ii unknown view
Decisions in Cases Under Act X. of 1859 by the Court of Sadr Dewani Adalat
1-48 unknown view
Decisions by the High Court of Judicature Under the Rent Laws
49-218 unknown view
Index
219-226 unknown view

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