The Calcutta Law Journal Short Notes of Cases Articles and other Matters 16th March 1905

Now in the first place in Jagadamba v. Dakhina the Privy Council was dealing with a case in which the fact of the adotion had been proved by repeated admissions and recognitions by the plaintiffs (see p. 318) and in a case of that description the success of the plaintiff would certainly mean the overthrow of the alleged title by adoption set up by the defendant ; but the expression setting [...] '18 present no bar to suit in which the plaintiff " has to challenge an apparent adoption cet up by the defendant " nor to a.uit " when the validity of the defendant's adoption is the substantial question in dispute " nor to a suit in whi-11 the plaintiff is embarrased by the defendant's adoption and cannot recover the property without disturbing the adoption." The article simply purports to" [...] The plaint in a suit for rent under the Bengal Tenancy Act contained the following particulars regarding the description of the jote (holding) :—The names of the Taluk and the Pargana wherein the jOte was situated the boundaries of two sides of one plot of land out of seven plots and the yearly jama (rental) and it described the jote as being recorded in the name of one Mohim Deb Koer and as for [...] The Lower Appellatt: Court found that there was real difficulty in giving the area and the boundaries in the plaint and that the description given was sufficient for the identifiction of the lands. [...] An action commenced against the heir-at-law before the executors have applied for probate cannot after the grant of probate be continued as against him but the executors must be adder as defendants as by the grant of the probate they become immediately vested with the whole estate which belonged to the testator at the time of his death.