Kolkata Court September 1911 Judgments
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Moharani Janki Koeri Vs. Basdeo Ojha and anr.
Court: Kolkata
Decided on: Sep-04-1911
Reported in: 13Ind.Cas.351
1. The question of law which calls for our decision in this appeal is, whether the trial of a suit for rent is barred by reason of an order made by a Collector under the Public Demands Recovery Act by which he cancelled a certificate on the ground that there is a bona fide claim of right involved in the proceedings. The appellant claims to be the landlord of the defendants. She is a Ward of the Court and a certificate for arrears of rent was made upon an application presented on her behalf under Section 7, Sub-section (1) Clause (c) of the Public Demands Recovery Act of 1895. Under Section 8, subject to the other provisions of the Act, the certificate so made acquire the force and effect of a decree of the Civil Court as regards the remedies for enforcing the same and for that purpose alone. Notices were thereafter served upon the judgment-debtors under Section 10. They appeared and objected under Section 12, Sub-section (1), that they were not liable to pay any portion of the amount f...
Lakhi Chowdhuri and ors. Vs. Akloo Jha and ors.
Court: Kolkata
Decided on: Sep-01-1911
Reported in: 13Ind.Cas.123
1. This appeal is directed against a decree of dismissal in a suit for declaration of title to immoveable property and for confirmation of possession. The plaintiff and the 2nd party defendants are the joint owners of an estate which is now in course of partition under the provisions of the Estates Partition Act of 1897. In the partition proceedings the first defendant put forward a claim that he was the tenant in respect of a particular parcel of land. The plaintiffs repudiated that position but their objection was overruled by the Revenue authorities. They thereupon commenced this action for declaration that the first defendant was not a tenant in respect of those lands and that he had, as a matter of fact, been set up fraudulently by the second party defendants. The Court of first instance went into the merits and made a decree in favour of the plaintiffs. Upon appeal two objections appear to have been urged on behalf of the defendants; namely, first, that the suit had not been prop...
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