In Re: Gopal Burnawar
Norman, J.@mdashGopal Burnawar obtained an order u/s 318 of the Code of Criminal Procedure, declaring him to be in possession of a wall separating his house from one in the occupation of the tenants of Ghannu Roy. Since…
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Panna Lal and Others Vs Gapiram Bazuriah and Others
Phear, J.1. Held, that plaintiff must prove his claim to the Notes, to the satisfaction of the Civil Court; the verdict in the Criminal Court against the defendant not being sufficient proof of plaintiff''s claim.
Shib Jaton Roy Vs Panchanan Bose and Others
Loch, J.@mdashPlaintiff sued for a declaration of title to certain lands, which he alleged had been erroneously surveyed as part of the defendant''s village. The defendant denies the plaintiff''s right to and possession…
Raja Rash Bihari Lal Sing Vs Nabayi Paddar and Others
L.S. Jackson, J.@mdashIn this case three grounds of special appeal have been urged before us. The first of them is, that the plaintiff having failed to establish the particular title under which be sued, ought not to ha…
Sudharam Patar Vs Sudharam and Others
Bayley, J.@mdashI am of opinion that this special appeal should be dismissed with costs. The plaintiff laid his case thus:--He said that he invited the defendants to a party; that the defendants accepted the invitation,…
Bhiro Chandra Mozoomdar and Others Vs Bamundas Mookerjee and Others
Norman, J.@mdashThe plaintiff, in this suit obtained a decree for possession with wasilat, or mesne profits. In execution the lower Court awarded, by way of mesne profits, a sum equivalent to the fair and reasonable ren…
Fakiruddin Mohammed Ahasan Vs Mr. C.J. Phillip
Norman, J.@mdashThe Judge is wrong, and there must be a remand. The case is an exceedingly simple one. The defendant took a lease from the plaintiff from 1270 to 1275, at a rent of rupees 1,200 a year. There was a provi…
Bhaikdhari Sing Vs Raghubar Chowdhry
Norman, J.@mdashIt seems to us that the objection taken in this case that there is no cause of action, and that therefore the suit does not lie, is without foundation. The defendant set up a kutkina lease, which is foun…
Chandi Prasad Nandi Vs Raghunath Dhar
Bayley, J.1. We consider that the period for which the decree was under attachment, and was consequently in a state in which the decree-holder could exercise no due diligence, nor taken any effectual proceedings in furt…
Shib Suhai Sukul Vs Kali Kamal Mazumdar
Mitter, J 1. This was a suit for the concealment of a lease, on the ground of an alleged breach of its conditions. The breach referred to consists in the failure of defendant to plant 2,000 betel-nut-trees within five …