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Sir Barnes Peacock, Kt., C.J.@mdashWe are of opinion that in point of law the construction of the Judge of the Small Cause Court is not correct. The bond certainly did not contain any agreement between the plaintiff and…
Macpherson, J.@mdashIn the state of facts found by the Judge, this case falls within the principle acted upon by the Court in the case of Mussamut Janee Khanum v. Mussamut Amatool Fatima Khanum 8 W.R. 51. It is distingu…
Macpherson, J.@mdashIn this case the plaintiffs sue to be restored to possession, on the ground that they have a right of occupancy. The case made by the plaint, is that one Hanif Mohammed Sirkar had two consecutive lea…
Glover, J.@mdashThe points taken in the special appeal are: that the plaintiff ought not to have joined in one suit two separate causes of action; that he ought to have brought a separate suit for the rent of the house;…
Sir Barnes Peacock Kt., C.J.@mdashThis is a suit brought by Ganendra Mohan Tagore, the only son of the late Prasanna Kumar Tagore, a Hindu, against Upendra Mohan Tagore, Jatindra Mohan Tagore, and Durga Prasad Mookerjee…
Kemp and Glover, JJ.@mdashThe point for decision in this appeal is, whether the plaintiff, the mortgagor, by depositing the principal amount due, has saved his equity of redemption or not, it being admitted that the dep…
L.S. Jackson, J.@mdashThe plaintiff brought this suit in the Civil Court to recover damages by reason of wrongful distraint over his crops, under color of the power of distraint against the defendants. Ram Chandra, who …
Bayley, J.@mdashI am of opinion that the judgment of the Judge below is incorrect, and must be reversed. The facts are these: the plaint in this case, together with an amount of money sufficient to cover the proper stam…
Sir Barnes Peacock, Kt., C.J.@mdashThe first point upon which the Judge of the Small Cause Court asks the opinion of this Court is, whether in a case in which a judgment of a Small Cause Court in the Mofussil is called …
Bayley, J.@mdashI am of opinion that this special appeal should be dismissed. The suit was for a declaration of the plaintiff''s right to fill up an excavated jhil, to close up a sench and to recover the price of certai…