cover image: The Law Reports  Indian Appeals:Being Cases in the Privy Council on Appeal From the East Indies  1886-87

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The Law Reports Indian Appeals:Being Cases in the Privy Council on Appeal From the East Indies 1886-87

1887

The senior widow alone adopted a boy as son to the Maharajah and both the lower Courts upheld the validity of the adoption though they differed as to the construction of the will Then there were further questions whether the minor adopted son was entitled to the rents and profits of the estate subject to the legal rights of the widows or whether the senior widow was entitled to a life estate d [...] 3 Ultimately the case came again before the Judicial Commisioner who on the 27th of March 1886 reversed the decision of the District Judge on the construction of the will and held that the words Maharani 8ahiba " included both the widows and that they were entitled to the rents of the estate in equal shares as widows. [...] The following was the decree : " Upon the hearing of this appeal it is ordered and decreed that the Plaintiff's objection be decreed and the decree of the District Judge of Fyzabad awarding the Plaintiff Rs.25 000 per annum be set aside and that the appeal be decreed in part and judgment entered for the Plaintiff to the following effect the rest of the suit being dimissed " The senior Mahara [...] On the 9th of June 1886 the District Judge on the applcation of the Respondent ordered that the Petitioner should deposit on the 24th of June Rs.62 153 the amount of costs payable to the Respondent out of the estate. [...] Under these circumstances their Lordships are of opinion that the decision of the Judge who tried the case in the first instance and the decree of the Judicial Commissioner who affirmed that decision are correct and they will therefore humbly advise Her Majesty that the judgment below be affirmed and that the appeal be dismissed the Appellant paying the costs of the appeal.
law
Pages
215
Published in
United Kingdom
SARF Document ID
sarf.143580
Segment Pages Author Actions
Frontmatter
i-xiii Herbert Cowell view
The Law Reports Indian Appeals: Being Cases in the Privy Council on Appeal From the East Indies 1886-87
1-198 unknown view
Index
199-202 unknown view

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