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Jan 13 1910

Shah Tajammul Ali and anr. Vs. Mussod Ali and ors.

Court : Kolkata

Decided on : Jan-13-1910

Subject : Civil

Reported in : 5Ind.Cas.776

the defendant No. 1, applied to the Collector, under the provisions of Bengal Act V of 1897, the Estates Partition Act, to have a partition effected of the taluk, and obtained an order from the Collector elated the 15th … their costs from the plaintiffs and the defendant No. 2 in equal shares. Estates Partition Act (V.B.C. of 1897), Section 7 - Partition--Formal division by metes and bounds--Informal division--Jurisdiction of Collector to make partition. - … 14 and the other of 25 mouzahs corresponding with a 7 annas 5 gundas and an 8 annas 15 gundas share, respectively. The former block

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Sep 01 1911

Lakhi Chowdhuri and ors. Vs. Akloo Jha and ors.

Court : Kolkata

Decided on : Sep-01-1911

Subject : Land Acquisition

Reported in : 13Ind.Cas.123

the joint owners of an estate which is now in course of partition under the provisions of the Estates Partition Act of 1897. In the partition proceedings the first defendant put forward a claim that he was the tenant … had not been joined as a party and, secondly, that the suit was barred under the provisions of Section 25 of the Bengal Estates Partition Act.2. In respect of the first objection, the learned Judge held that … 16 C. 117; Ananda Kishore Chowdhury v. Daije Thakurain 1 Ind. Cas. 549 : 36 C. 726 : 10 C.L.J. 189 and Janaki Nath Chowdhury

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Mar 09 1909

Ananda Kishore Chowdhury and ors. Vs. Daiji Thakurani

Court : Kolkata

Decided on : Mar-09-1909

Subject : Land Acquisition

Reported in : 1Ind.Cas.549

had been privately partitioned and could not form the subject matter of partition by the Collector under the Estates Partition Act. There has been no investigation into the facts of the case but the Subordinate Judge has dismissed the … partition--Estates Partition Act (VIII B.C. of 1876), Sections 12, 24, 26, 31 and 149--Estates Partition, Act (B.C.V of 1897), Section 2 Clause (c)--Limitation Act (XV of 1877), Schedule II, Article 14--Jurisdiction, order without, nullity--Evidence--Possession--Entry in Collector's order-sheet--Suit not … first, that the suit was not maintainable under the provisions of Act V of 1897; secondly, that it was barred by limitation under Section 25

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Feb 14 1911

Syed Abdul Latif Meah Vs. Amanaddi Patwari

Court : Kolkata

Decided on : Feb-14-1911

Subject : Land Acquisition

Reported in : 9Ind.Cas.539

the plaintiff's patni is affected by the Collectorate Butwara and this turns upon whether Section 99 of the Estates Partition Act V of 1897 is applicable to the present case.7. Section 99 of the Act applies only to cases … is affected by the Collectorate Butwara and this turns upon whether Section 99 of the Estates Partition Act V of 1897 is applicable to the present case.7. Section 99 of the Act applies only to cases where

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Jan 18 1923

Anil Kumar Biswas and ors. Vs. Rash Mohan Saha and ors.

Court : Kolkata

Decided on : Jan-18-1923

Subject : Property

Reported in : AIR1924Cal245,81Ind.Cas.29

into the question of the correctness of the orders passed in the partition proceedings.7. Section 119 of the Estates Partition Act (V of 1897) provides that no order made under certain sections and Chapters of the Act including Chap. … predecessor-in-title had been in possession by receipt of rent from tenant, and that, as the contesting Defendants Nos. 5 to 7 were attempting to prevent the tenant from paying the rent to the Plaintiff, he brought this

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Aug 22 1918

Jitendra Gopal Roy and ors. Vs. Matanginti Alias Susamoyi Debya and or ...

Court : Kolkata

Decided on : Aug-22-1918

Subject : Land Acquisition

Reported in : AIR1919Cal215,49Ind.Cas.965

that the Deputy Collector had power to make the order which he did under Section 83 of the Estates Partition Act of 1897, and...thirdly, if he failed upon the first two points, then he wishes to rely upon the … held by two learned Judges of this Court in Ananda Kishore Chowdhury v. Daiji Thakurani 1 Ind. Cas. 549 : 36 C. 726 : 10 C.L.J. 189 to this effect: 'Article 14 of the Limitation Act no

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Jun 25 1914

Gurbuksh Proshad Tewari Vs. Kali Prosad NaraIn Singh

Court : Kolkata

Decided on : Jun-25-1914

Subject : Property

Reported in : 32Ind.Cas.167

owners of tauzi No. 1927.5. In January 1902 the defendant No. 1 applied under the provisions of the Estates Partition Act, 1897 (Act V of, 1897 B. C), for partition of his share in tauzi No. 1925. On the 30th … Collector in the year 1903. Accordingly on the 25th of August 1903, the Collector issued the notices under Section 29 of the Act declaring the estate to be under partition. On the 29th of September 1907, the

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Mar 12 1928

Beas Singh and ors. Vs. Baldeo Pathak and ors.

Court : Chennai

Decided on : Mar-12-1928

Subject : Land Acquisition

Reported in : 109Ind.Cas.609

the decree had otherwise been sustainable.6. The principal question is whether, in view of the provisions of the Estates Partition Act the present suit can be maintained. The partition is complete and cannot be set aside without setting aside … get partition effected under Section 7 of the Partition Act V of 1897.3. The Collector's order, dated 27th September, 1921, is illegal, ultra vires and … Collector. It is sufficient to say that this is not the suit that has been brought and that Section 5, Clause (2) of the Act. already provides 'If the interest of such recorded proprietor is the proprietary right

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Apr 28 1914

Neogendra Mohan Ray and anr. Vs. Pyari Mohan Saha and ors.

Court : Kolkata

Decided on : Apr-28-1914

Subject : Property

Reported in : AIR1915Cal339,30Ind.Cas.420

been assigned by private partition. Thereafter, on a partition of the entire estate by the Collector under the Estates Partition Act, these lands were allotted to the plaintiffs, but they were unable to obtain possession thereof, as the defendants … of dismissal made by the Subordinate Judge, and have contended that under Section 99 of Act V of 1897 B.C., the lands in their hands are not subject to the tenure set up by the defendants. In … opposed to the decision in Abdul Latif v. Amanaddi 9 Ind. Cas. 539 : 15 C.W.N. 426; there it was held that the words estate

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May 16 1910

Gopala Roy Vs. Ram Kishen Thakur and ors.

Court : Kolkata

Decided on : May-16-1910

Subject : Property

Reported in : 6Ind.Cas.450

of land under circumstances obtaining in this case.5. It is provided by Sections 64 and 65 of the Estates Partition Act (V of 1897) that the partitioning officer may assess a fair rent upon dwelling houses, gardens, etc., which … and equitable rents upon any plots of land under circumstances obtaining in this case.5. It is provided by Sections 64 and 65 of the Estates Partition Act (V of 1897) that the partitioning officer may assess a

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