Reports of Cases Decided in the High Court of Madras Volume 5

Reports of Cases Decided in the High Court of Madras Volume 5

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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. 1871 edition. Excerpt: done; and an application was made to the Court for the purpose two days after the execution of C and 1; but the Court declined to allow it, and the plaintiff is not in any degree responsible for that refusal; but it is suggested that after that plaintiff took no part in the matter, and rendered no assistance, pecuniary or otherwise, until after the High Court had passed its decree against the Zemindar in January 1863. It is true that between the date of the receipt D (August 1859) and that of the plaintiffs' letter (H) dated May 1853 there is no evidence of any active interference on the plaintiffs part, but neither is there on the other hand any evidence of any refusal on plaintifi"s part to bear his proper share of any costs incurred in the interval, nor indeed any evidence of any such refusal down to December 1864-, when the 1st defendant wrote to plaintiff the letter (5) stating that plaintiff had forfeited all his rights under the arrangement of February 1859. Assuming then that plaintiff's interest in the lease which the lst defendant's father obtained from the Zemindar has not been forfeited, the question arises whether he is entitled to the relief prayed for in his plaint, and lst, whether he is entitled to possession of the Zemindary. We are clearly of opinion that he is not. The lease in which alone he obtained any interest is the lease by the Zemindar to lst defendn-nt's father for the term of 10 years ending in July 1867, and as that term has expired, he cannot be now entitled to possession under that lease; but it is said, that the effect of a razinamah entered into between the lst defendant and the Zemindar in March 1867 has been to extend the original term of 10 years for a further period, and more

Product details

  • Paperback
  • 189 x 246 x 10mm | 354g
  • United States
  • English
  • black & white illustrations
  • 1236843819
  • 9781236843814