The Calcutta Law Journal Short Notes of Cases Articles and Other Matters 16th April 1905

129 of the Act of 1871 as regards the character of the suits intended to be governed thereby ; and Moore and Benson J J. in Ralnamasari v. Akilandamal held that they were bound to follow and accept what they cosidered to be the clearly expressed opinion of their Lordships of the Privy Council in the three cases referred to above notwithstaning that no one of the judgments could be consi [...] From the foregoing observations it will it is hoped appear that in a suit for possession of immoveable property in which the defendant sets up a title by adoption the burden is not on the plaintiff to diprove the fact or the validits of the alleged adoption that at all events it is not necessary for-him to obtain a declaration from the Court that the alleged adoption is invalid in law or [...] 129 of the Act of 187r and that the effect of the altertion in the language has been to confine the scope of Art. [...] 29 of the Act (without the previous Permission of the Court) is voidable at the instance of the ward or his assignee or legal representative who is a person affected thereby and not at the intance of a party who is merely in possession of the property for some years from before the disposal apparently without any title and kvho.is not a 'person affected thereby.' Babus Mohendra Nath Roy and [...] lie determined by the value of the relief stated by the plaintiff in his plaint and that it is no part of the duty nor is it within the power of the Court to ascertain the value for the purposes of determining the jurisdiction or the amount of Courtfees.