Kolkata Court August 1900 Judgments
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Monmohini Dasi, Widow of Golap Chand Saha Vs. LakhinaraIn Chandra and ...
Court: Kolkata
Decided on: Aug-02-1900
Reported in: (1901)ILR28Cal116
1. This is an appeal against an order of the District Judge of Burdwan, dated the 21st of November 1899.2. The order is one setting aside a sale held in execution of a decree for arrears for a sum of Rs. 15.3. A preliminary objection has been taken to the hearing of this appeal, namely, that the order passed by the District Judge setting aside the sale was passed under Section 588, Clause (16), of the Code of Civil Procedure, and that, therefore, no second appeal lies to this Court. But the learned pleader for the appellant replies that in this case the sale was set aside on the ground of fraud, and that therefore the order of the District Judge was not passed under Section 588, Clause (16), Code of Civil Procedure, but under Section 244, Code of Civil Procedure; and that therefore a second appeal does lie to this Court. We think that this contention of the pleader for the appellant is correct, as, on examining the application for the setting aside of the sale, we see that a complaint ...
Jillar Rahman Alias Rajamia Vs. Bijoy Chand Mahtap, Rajah of Burdwan, ...
Court: Kolkata
Decided on: Aug-02-1900
Reported in: (1901)ILR28Cal293
1. This is an appeal from a decision of the Additional Subordinate Judge of Burdwan, dated the 24th of June 1898.2. The suit is one for arrears of dak cess amounting to Rs. 56 2 annas 9 pies; and the only question is whether under the terms of the contract which was entered into between the plaintiff and the defendant's predecessor, the defendant is liable to pay dak cess at all.3. The defendant does not deny that when he purchased the putni at one of the half-yearly sales under Regulation VIII of 1819 he was aware of the provisions contained in the kabuliat which his predecessor had given for this putni, and that he gob the putni subject to these provisions.4. The only contention raised before us by the learned Counsel for the defendant-appellant is as bo the construction to be pub upon the terms of the kabuliat. The clause in the kabuliat relating to the payment of dak cess is as follows: 'in whatever places and stations in the mofussil there are and may hereafter be dak chowki house...
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