Nataraja Chetty represented by Panchanada Chetty Vs Kolandavelu Chetty and Another
.... ditary trustee vested in the first defendant only one of two views can be taken. Either it is governed by the analogy of the rules bearing on the holding of joint family property or by the analogy of the rules regulating the descent of separate property. 3. If the former be the correct view then ...
Madras High Court
Jug Deo Singh and others Vs Kazi Sayed Mahomed Afzal
.... law is therein expressly laid down. On the other hand, in Syed Ameer Ali''s Mahomedan Law, Vol. I, p 600, we find it said that "the Sunni Hanafi law relating to the right of pre-emption is the law in force in this country either territorially or by custom." Again, in Sir R. Wilson''s Anglo Mahomeda ...
Calcutta High Court
Nabin Chand Naskar Vs Raj Coomar Sarkar
.... a mere charge. This view gains support from the fact that in his plaint the Plaintiff treats the document as a mortgage, and not as a mere charge The appeal must consequently fail, and be dismissed with costs. Mitra, J. I am of opinion that the document propounded in this case is a simple mort ...
Calcutta High Court
Srimati Moni and Others Vs Kalachand Gharami and others
.... have taken kabuliyats from their sub-tenants in respect of portions of the lands comprised in their own kabuliyats. Take that to be so. What has happened? Nothing else has been done. The Defendants do not set up in their defence that they have been dispossessed or that their possession has been in ...
Calcutta High Court
M. Nagu Chetty and Others Vs M. Bhaskara Sethupathi Avergal and Others
.... t the same rate for future years. But the lower Court, however, finds that the rates of rent vary with the crop and the implied contract, therefore, is not that for dry lands rent at 5 1/2 fanams per kurukam shall be paid but that the rent shall depend upon the crop." I now proceed to consider the r ...
Madras High Court
Bideshar Jha and another Vs Srikishen Jha and others
.... nk that a suit can be brought for the setting aside of a portion of a sale, and that is what the Plaintiffs ask for in this suit. The property sold at the sale was a 3 annas odd share of a certain property. The Plaintiff does not own the entire property. He owns a 2 annas odd share of it, and he pra ...
Calcutta High Court
Ramdhari Singh and Another Vs M.H. Mackenzie
.... holding under the factory, make up the disputed 22 bighas, 2 cottahs from which it is sought to eject the Defendant. Now the lease expressly provides that "the said ticcadar should hold and enjoy possession over the leased out property and cultivate and cause the same to be cultivated properly, and ...
Calcutta High Court
Monmotho Nath Dutt Vs The Chairman of the Commissioners of the Cossipore-Chitpore Municipality
.... he other cases, I have been referred to. A claim to mesne profits and damages for unlawful possession is however a very different thing from damages for illegal imprisonment, and though the decision may limit the application of Austin v. Dowling L.R. 10 C.P. 534 (1870) to some extent I cannot regard ...
Calcutta High Court
Bepin Behari Mitter and others Vs Lala Bhagwat Sahai and others
.... be a bar to partition." Hence it is clear that the fact that the Plaintiffs are mokuraridars and the Defendants or some of them are proprietors, will not bar the partition sought for in this case. But the learned Judge in the body of his judgment observed: "As to the second ground the only reason th ...
Calcutta High Court
Ashok Bbuiyan and others Vs Karim Bepari
.... were not registered as tenants in the landlord''s sherista, the sale of the holding in execution of a decree against the recorded tenants would pass the interest of the Plaintiff''s vendors and, therefore, the Plaintiff would take nothing by his purchase. But there is no law rendering it obligatory ...
Calcutta High Court
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