Reports of Cases Heard and Determined by the Judicial Committee and The Lords of Her Majesty’s most Honourable Privy Council on From the Supreme and Sudder Dewanny Courts in the East Indies 1837-1841

In pursuance of this order the Respondents (who were the representatives of the parties legally entitled to the offices ) on the x7th Seiblember 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 pergunna had descended to recover from them the sum of R. 1 272 being the amount of arrears for twenty-four [...] 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 athorize 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 pre [...] 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 office ON APPEALS FROM THE EAST INDIKs. [...] Their Lordships disposed of the first point during the argument being satisfied that although the evdence of the enjoyment of the office was slight there was nevertheless sufficient in the absence of all oposing testimony to show the Respondents title to it and the receipt of the dues from the village of Dindlee before and down to the grant of the village to the Appellants father [...] In the latter end of 1817 while the disputes btween the Respondent and the other members of his family were in course of adjustment the war between the Peishwa and the British Government broke out which terminated in 1818 in the conquest of the Peishwa and the cession of his dominions to the Brtish Government in which cession (amongst the other possessions) was included the Mamlut of Ah