Kolkata Court February 1903 Judgments
Deno Bundhu Nundy Vs. Hari Mati Dassee
Court: Kolkata
Decided on: Feb-25-1903
Reported in: (1904)ILR31Cal480
Francis W. Maclean, C.J.1. You have to satisfy the Court that the operation of Section 244 is controlled by Section 258. If your (sic) contention is correct then the position of a judgment-debtor, who (sic) has neglected to enter satisfaction under Section 258, is better than (sic) that of any other person.2. That section does not preclude any Court from granting; equitable relief if, as a matter of fact, the decree has been satisfied. I rely upon the judgment of Banerji J. in the case cited by me. The decision of Pigot J. also involves the admission that the Court other than the executing Court could give relief.Hill, J.4. See the provisions of Section 56 of the Specific Relief Act. If the statute gives the right to enforce a, decree how can a Court restrain one from doing so?5. That section of the Specific Relief Act does not exclude the power of any other Court to give adequate relief, if the Court executing the decree cannot go into the question of satisfaction.Maclean C.J.6. See P...
Tag this Judgment!Nikunja Behari Chunda and ors. Vs. Maharaja Radha Kisore Manikya Bahad ...
Court: Kolkata
Decided on: Feb-05-1903
Reported in: 30Ind.Cas.944
1. We are of opinion that the view expressed by the District Judge is correct. The Raja of Tipperah applied for the settlement of fair rent on certain lands, and the present plaintiffs, as tenants, admitted that they held certain lands liable to assessment; but they contended before the Settlement Officer that other lands claimed by the Raja as forming portions of his holding or taluq were held by them rent free, and were, therefore, not liable to assessment. On objections so taken, the Settlement Officer found that the rent of these other lands forming portions of the taluq had, on three previous occasions, been settled by the Revenue Officer and that, consequently, rents had been paid for them. Such a finding necessarily means that the objection taken that the lands ere held rent free was without any substance. The tenants have now brought this suit to have it declared that the lands were rent free and not liable to assessment.2. The question arises, and the case has been so dealt wi...
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