Kolkata Court August 1885 Judgments
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Moniram Kalita Vs. Amjad Ali
Court: Kolkata
Decided on: Aug-04-1885
Reported in: (1885)ILR12Cal52
Prinsep and Grant, JJ.1. We think that this case must be remanded to the lower Appellate Court for re-trial. Kirikalitani was the defendant in the suit which went up in appeal to the Privy Council and is generally known as the Hindu Widow Unchastity Case. The plaintiff in the suit now before us then sued this widow to obtain possession of the entire estate of her husband on the ground of her having forfeited her rights on account of her subsequent unchastity. He succeeded in obtaining a decree for one-half of that estate. The widow apparently was possessed of small means, and it has been found in the present case that she incurred debts on account of legal expenses in defending her rights in that litigation. The plaintiff, who has succeeded as heir of her husband on her death, now sues to set aside the sale by her to the defendant made on the 6th November 1879, as having been made without legal necessity. The defendant replied that the sale was effected by the widow to enable her to pa...
Sarat Sundari Dabi and ors. Vs. the Secretary of State for India in Co ...
Court: Kolkata
Decided on: Aug-04-1885
Reported in: (1885)ILR11Cal784
Wilson and Beverley, JJ.1. This was a suit brought by the plaintiff's to establish their zamindari right to certain lands as having re-formed on the original site of Mouzah Boyrampore or Boyamari within the plaintiffs' permanently settled mehals of Pergunnah Luskurpore, and to have it declared that the Government had no khas right in the said lands, and that they were not liable to a fresh assessment of land revenue.2. The plaint alleges that Mouzah Boyrampore formerly comprised some 7,284 bighas, but that the greater part of these lands had diluviated at the time of the revenue survey in 1849; that after that survey the whole of the lands disappeared, but that from 1865 portions began to be re-formed on the original site; that in 1868 the Government made a dearah survey of the lands thus formed, and on May 6th, 1871, settled them with two of the zamindars for a term of ten years 'after maintaining the right of the proprietors;'and that since the expiry of that settlement the plaintiff...
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