Kolkata Court January 1894 Judgments
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Baij Nath Singh Alias Baiju Singh and ors. Vs. Amir DulhIn Alias Moham ...
Court: Kolkata
Decided on: Jan-03-1894
Reported in: (1894)ILR21Cal311
Beverley and Hill, JJ.1. This is a suit on a roka for the recovery of a sum of Rs. 2,607-5-8. The plaintiffs are the representatives of the payee of the roka who is now dead. The defendants are the widow of the maker of the roka and a person who is sued in the character of a surety for its repayment. As against the latter, however, the suit has been dismissed and he is not concerned in this appeal. The maker of the roka was a Mahomedan, and the first defendant, his widow, is sued as being in possession of his estate, the relief claimed being that a decree for Rs. 2,607-5-8 principal with interest be passed first against the estate left by Yusuf Hossain Khan (that is, the maker of the roka) and held and possessed by defendant No. 1, and in the event of non-realization, then against the person of the second defendant. There is a prayer also for such further relief as in the opinion of the Court the plaintiff may be entitled to.2. The pleas of the first defendant so far as they are now ma...
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