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Privy Council Court November 1940 Judgments

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Nov 11 1940

Maharaja Sris Chandra Nandy and Another Vs. Rakhalananda Thakur and Ot ...

Court: Privy Council

Decided on: Nov-11-1940

Reported in: AIR1941PC16

Lord Atkin: This is an appeal from the High Court of Judicature at Fort William in Bengal who affirmed a decree of the Additional District Judge, 24 Parganas, in favour of the plaintiffs, the present respondents. The plaintiffs are a distinguished family of Brahmin priests, Thakurs of Srikhanda: and their claim is for a declaration that they are entitled to a charge on the Kasimbazar Raj Estate represented by the defendants for an annual britti of Rs. 4000 payable by half-yearly instalments and for a money decree for arrears amounting to Rs. 13,260. The defences to the suit are in substance that the plaintiffs never had a legal right to the britti, and that in any event it was not charged upon the estate. These issues were raised in the proceedings and have been decided in favour of the plaintiffs in both Courts. The history of the claim begins with the founder of the Raj fortunes, one Krishna Kanta Nandy. He appears to have been a Hindu of comparatively humble origin who by his abilit...


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