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Mumbai Court December 1910 Judgments

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Dec 02 1910

Muhammad Bakar Vs. Nawab Mirza Muhammad Bakar Ali Khan

Court: Mumbai

Decided on: Dec-02-1910

Reported in: (1911)13BOMLR75

Ameer Ali, J.1. This appeal arises out of a suit brought by the plaintiffs to recover possession of a half share in certain villages in the district of Sitapur, in Oudh. The villages in question belonged originally to one Kazi-Muhammad Azhar, but some years prior to the annexation, either for convenience in the payment of Government demands or from motives of greater security, they appear to have been included, with the consent of Muhammad Azhar's widow Wazir-un-nissa, in the ilaka or estate of Nawab Munauwar-ud-daula, the ancestor of the principal defendant in this case. Thus in 1859, when the first settlement of the Province was carried out, the villages were found to be in the possession of Munauwar-ud-daula. On that occasion Wazir-un-nissa applied as malik or owner for settlement of the villages. The claim was resisted by the Nawab's agent and was ultimately dismissed. It is upon the orders passed by the extra Assistant Commissioner in the settlement proceedings, coupled with certa...


Dec 02 1910

Kumar Chandra Kishore Roy Vs. Prasanna Kumari Dasi and Sarat Kumari Da ...

Court: Mumbai

Decided on: Dec-02-1910

Reported in: (1911)13BOMLR67

Mersey, J. 1. These are two appeals from the judgment and decrees of the High Court at Fort William in Bengal, dated the 26th May 1906, confirming a decree of the District Judge of Rungpur, dated the 22nd April 1904, which confirmed a decree of the Subordinate Judge of Rungpur, dated the 23rd December 1903. The suits were brought by two Hindu ladies, daughters of one, Kumar Shyam Kishore Roy, deceased, against the appellant, who is the adopted son of the deceased, to recover arrears of maintenance alleged to be due to them under their father's will. The appellant denied that the respondents were entitled to any maintenance under the terms of the will, and further objected that they were not competent to maintain their suits inasmuch as they had not obtained letters of administration to their father's estate.2. The facts, so far as they relate to the first point, are as follows:--On the 18th July 1879 Kumar Shyam Kishore Roy died. He left no son, but he left two of his wives, namely, Ra...


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