Kolkata Court July 1921 Judgments
Radha Kanta Das Nanak and ors. Vs. Prakash Chandra Dutt and anr.
Court: Kolkata
Decided on: Jul-05-1921
Reported in: 64Ind.Cas.599
Buckland, J.1. I do not think that 1 should interfere with the order of remand, because whether or not there is jurisdiction on this application to interfere with an order of this nature, it is not possible to do so without considering the evidence which is not before me. It was before the learned Additional District Judge who made the order and could, therefore, appreciate how the trial proceeded. The difficulty in this case has arisen owing to the practice, to which I have referred more than once, of framing comprehensive issues instead of framing separate issues which state specifically the questions of fact and law that arise in the case. The issue in this case which is open to this criticism is the fifth:--'Have the plaintiffs their alleged right and title to the disputed property?' This issue admits of almost any contention to establish their claim which the plaintiffs may put forward and equally it admits of almost any defense which the defendants may prefer. In these circumstan...
Tag this Judgment!Prafulla Nath Tagore Vs. T.C. Tweedie, Receiver and ors.
Court: Kolkata
Decided on: Jul-01-1921
Reported in: AIR1922Cal248,65Ind.Cas.234
1. This appeal arises out of a suit for rent under the following circumstances.2. The predecessor-in-interest of the plaintiffs created a permanent tenure at a jama of Rs. 5,452 in favour of the predecessors-in-title of the defendants in the year 1860. The tenure comprised lands within the permanently settled Zemindari of the plaintiffs as well as some lands which formed the subject of diluvion and reformation. There was a provision in the patta that if any chur or any alluviated or taufir land was separately settled after 'becoming Government khas,' the talukdar shall not get any reduction of the jama mentioned in the kabuliyat. It was expressly stipulated in the kabuliyat that the rent was never to be increased or decreased.3. It appears that some of the lands were resumed by Government and afterwards settled with the plaintiffs in 1900 as dearah lands. The Government revenue was separately fixed for the lands and the rent payable by the tenants was also fixed. In 1914, there was a f...
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