Judgments of the Privy Council on Appeals from India, from 1831-1880 Volume 2

Judgments of the Privy Council on Appeals from India, from 1831-1880 Volume 2

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1878 edition. Excerpt: ...enjoyed them as rent-free lands from long before the 1st December 1790; and that consequently the claim to assess them was barred by limitation. The residue, being 3 beegahs 17% cottahs, he held liable to assessment. Both parties appealed against this decision to the Zillah Judge, who.on the 21st June 1864 confirmed the decree of the Principal Sudder Ameen so far as it related to the 2 beegahs and 1 cottah, but reversed it as to the rest of the land, making as to that a decree in favor of the appellant's claim. The.grounds of his decision were that the documents produced by the respondents were untrustworthy, and therefore that they had failed to prove either a valid title to hold the land renbfree, or that the land having been held rent-free for a period commencing before the lst December 1790, the a pellant's right to assess them was barred by limitation. The respondent then preferred a special appeal to the High Court. Of the rounds stated for this, it is only necessary to notice the third and the fourth. The third is that the suit being brought, though improperly, under s. 30 Beg. II of 1819 was admittedly barred by limitation. The fourth that the onus probandi had been improperly thrown upon the defendants. On the 13th April 1865, the High Court remanded this cause, with five others, which it treated as being in the same category, to the Court of first instance, stating only that " the onus having been misp aced, these cases must go back to the first Court with reference to tho principles laid down in case No. 268 of 1864." Before considering the propriety of this remand, which is the principal question raised by the appeal, it will be convenient to complete the history of this particular case. The appellant...
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Product details

  • Paperback | 668 pages
  • 189 x 246 x 34mm | 1,175g
  • United States
  • English
  • black & white illustrations
  • 1236934504
  • 9781236934505