Kolkata Court September 1910 Judgments
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Pratap Udainath Shah Deo Vs. Madan Mohan Nath Sabi
Court: Kolkata
Decided on: Sep-01-1910
Reported in: (1911)ILR38Cal288
D. Chatterjee, J.1. The appellant obtained a decree for arrears of rent on the 19th of April 1905. The estate of the judgment-debtor was in charge of the Encumbered Estates Department at Manbhum from 23rd May 1906 to the 21st April 1908, on which last date it was released.2. The decree-holder applied for execution on the 13th February 1909, i.e., more than three years from the date of the decree. The judgment-debtor pleads limitation, and the decree-holder seeks to save his application from the bar, cm the ground that he was debarred by the provisions of the Encumbered Estates Act, VI of 1876, from taking out execution during the period of the management under the Act. The Court below has given effect to the plea of the judgment-debtor, holding that, under a certain interpretation of the Act by the Legal Remembrancer of Bengal, followed by a legislative recognition of that interpretation by the amendment of the Act of 1876, the decree-holder was not debarred from executing his decree, ...
Maharaj Protap Udai NaraIn Shahu Deo Vs. Thakur Madan Mohan Nath Shahu
Court: Kolkata
Decided on: Sep-01-1910
Reported in: 7Ind.Cas.787
Chatterjee, J.1. The appellant obtained a decree for arrears of rent on the 19th of April 1905. The estate of the judgment debtor was in charge of the Encumbered Estates Department at Manbhum from 23rd May 1906 to 21st April 1908 on which last date it was released.2. The decree-holder applied for execution on the 13th February 1909, i.e., more than three years from the date of the decree. The judgment-debtor pleaded limitation and the decree-holder seeks to save his application from the bar on the ground that he was debarred, by the provisions of the Encumbered Estates Act, VI of 1876, from taking out execution during the period of the management under the Act. The Court below has given effect to the plea of the judgment-debtor holding that under a certain interpretation of the Act by the Legal Remembrancer of Bengal, followed by a legislative recognition of that interpretation by the amendment of the Act of 1876, the decree-holder was not debarred from executing his decree and that th...
NobIn Das Vs. Kailash Chandra Dey
Court: Kolkata
Decided on: Sep-01-1910
Reported in: 7Ind.Cas.924
1. We are invited in this Rule to sot aside a decree made under Section 9 of the Specific Relief Act on the ground that it has been made without jurisdiction, inasmuch as that provision of the statute had no application to the circumstances of the case.2. The facts, so far as they are necessary to state them for the purposes of the present decision, may be briefly narrated. One Nabin was the tenant of the disputed land, He executed a usufructuary mortgage in favour of the plaintiff and placed him in possession. The plaintiff thereupon settled the land with tenants. The latter were evicted by the defendant, it is alleged, at the instance of the superior landlord of Nabin. The tenants thereupon relinquished the land in favour of the plaintiff. The plaintiff then brought this action under Section 9 of the Specific Relief Act for recovery of possession upon the allegation that he had been dispossessed within the meaning of that section within a period of six months antecedent to the suit T...
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