The Central Provinces Law Reports; Containing Cases Decided by the Judicial Commissioner, C. P Volume 1-3 PDF Download

Author: Central Provinces. Commissioner
Publisher: Rarebooksclub.com
ISBN: 9781230078908
Category :
Languages : en
Pages : 164

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Book Description
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1887 edition. Excerpt: ...Court has not decided the grounds of appeal before it and I therefore set aside the decree and remand the appeal for decision. The costs of this appeal will follow the result.-' APPELLATE CIVIL." ' Before R. J. Crosthwaite Esquire, C. S. Judicial Commissioner C. P. Second Appeal No. 599 of 1887. Decided on 23rd March 1888. l Musstt. P00na..............................Plaintifl' ' Rao Nirpat Singh......................Defenola/nt. Grants by the sovereign power to a person governed by the mitakshara are often sel/'acquisitions, but this would not be case where the grant is made in return for services which have been rendered at the ewpense of the joint family. Property acquired by a grant under such circumstances would be family property, overywhich the grantee would have no power of disposition by will as against his joint son. This was a suit brought by a Hindu widow against her step-son to recover arrears of maintenance due to her under the will of her husband. _ It was pleaded in the first Court that the property of the husband was joint and ancestral, and that therefore he could not make any cl1arge on it by his will. The Plaintiff did not contest the allegation that the property was joint and ancestral and merely urged that the husband had power under the mitakshara to make a will. The first Court dismissed the suit on the ground that the will was made under influence which was one " This was a second appeal against a decision of the Deputy Commissioner Saugor upsetting a decision of the Extra Assistant Commissioner Saugoridismissing the Pla1utiff's suit. 134 onnrnar. PROVINCES i' Vo1..11. v of the allegations made by the Defendant. ' In first appeal the Plaintiff for the first time alleged that...