Reports of Cases Decided in the High Court of Madras Volume 6

Reports of Cases Decided in the High Court of Madras Volume 6

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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. 1872 edition. Excerpt: ...the Court of Wards on behalf of Bothagurusami who was then a minor, withpart of the rents and profits of the Zamindarf, and in 1860 were given by him to his mother. n 1864 Bothagurusami was ousted by a decree of the Privy Council became liable to the presenpalplaintiif for the mesne profits of the Zamindari. In the account en of mesne profits due, the amoimt expended on the purchase of these villages was excluded by plaintifl"s consent from the sum debited to the ex-Zamindar. Plaintiff now sued Pitchama N achieu-, and, she dying, the suit was continued against Bothagurusami, as her representative. Held, that the laintiff was not entitled to maintain the suit. The decree of the Privy Council did not directly give the plaintifi' a right to maintain the suit, for the adjudication of the Zamindari related onl to the permanently settled estate acquired under the Istimrari Sannad of the Iadras Government; and even if it could be said to include the villages in dispute, process of execution would, under Section ll, Act XXIII of 1861, be the plaintifl"s only remedy. There was but one ground upon which the suit could be supposed to lie, name, the existence of the relation of trustee and beneficiary between the Collector and the plaintifi' at the time of the purchase, and such relation did not exist. THIS was a. Special Appeal against the decision of J. D_ Goldingham, the Civil Judge of Madura, in Regular Appeal No. 92 of 1869, reversing the Decree of the Court of the Principal Sadr Amin of Madura in Original Suit No. 58 of 1868. (a) Present: -Scotland, C. J. and Innes, J. The plaintiff in this suit sought to recover from the defendant the villages of Arasakulam and Korisakulam permanently settled, and paying in the Shivaganga...
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Product details

  • Paperback | 206 pages
  • 189 x 246 x 11mm | 376g
  • United States
  • English
  • black & white illustrations
  • 1236774868
  • 9781236774866