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1. The question for decision in this second appeal is whether the plaintiff''s suit is barred by limitation. The District Judge held that the case wasgoverned by Article 127 of the Limitation Act and that the suit was t…
1. The question for decision in this second appeal is whether the plaintiff''s suit is barred by limitation. The District Judge held that the case was governed by Article 127 of the LimitationAct and that the suit was t…
1. The petition of appeal was presented on 11th June in the recess, and the stamp was received and affixed on the 25th. The Court opened on27th June.2. Following the principle laid down in Skinner v. Orde L.R. 6 IndAp 1…
1. It is an essential part of the plaintiff''s case, as disclosed in his plaint, that he is the hereditary trustee and manager of the mutt, the subject of thesuit. This he has altogether failed to prove and, on the cont…
1. The plaintiff alleging himself to be the present karnavan of the Rayaroth tarwad, sued to recover properties which he alleged had been acquiredby a former karnavan, one Kunhi Soopi Haji, who died in 1874, and which a…
1. The Subordinate Judge was in error in holding that Exhibits A to D were inadmissible in evidence against the defendants. It is true they are not conclusive, since the defendants were not parties to them, but they are…
1. The first contention is that the claim is not res judicata by reason of the decree in Original Suit No. 107 of 1876 or in Original Suit No. 389 of1878. The District Munsif distinctly found that the claim was res judi…
Pigot and Banerjee, J.@mdashWe think this appeal must be dismissed. We need not deal with the case referred to by the District Judge Balkaran Rai v. Gobind Nath Tiwari ILR AIL 129 as to which we say nothing save that it…
Parker, J.@mdashIt appears to me thai plaintiff''s application to execute the decree is barred.2. The decree was dated March 16th, 1889, and directed redemption on the kanom amount being paid within six months. The defe…
Ameer Ali, J.@mdashThis appeal raises some important questions of Mahomedan law. It appears upon the evidence that the property, which forms the subject-matter of the present suit, has been in the possession of the plai…