Coherent Identifier About this item: 20.500.12592/pppgf9

Selection of Leading Cases for the use of B.L. Students - Land Tenure and Prescription (Supplementary Cases)

1920

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Summary

The plintiff who is now the appelant is the widow and heiress of Thakur Rachpal Sing and as such the present holder of the taluka of Kamvar in the District of Barabanki on the south bank of the river ; and the defendant now on the record (the respondent) is the widow of the son of the original defendant. [...] Nor is it the ease here that the land laid bare by the alteration of the river's course adjoins the land of the respondent.; on the cotrary the evidence is that there is still a channel of the river between the two properties although the main stream has shifted to the north. [...] statement of the facts found to be proved seems to me of importance for the purpose of disposing of this reference as the answer to the question referred in my opinion depends mainly on whether the tender of the rent made by the defendants was a valid tender and whether it was kept good up to the time of the deposit of the rents in Court when the suit was threatened. [...] The findings of the lower Courts appear to me also to amount to this that the tender on each occasion of the rent after it was made by the defendant was kept good for after its refusal by the plaintiff the money was kept in hand by the defendant ready to be made over to the plaintiff on demand and when the suit was threatened the full amount so kept in hand was tendered to the plaintiff's agents [...] The rules in the sections about thipoNit of rent are intended for the benefit of the tenant as well as of the landlord in the same way as compulsory registration of deeds is for the benefit of the grantor as well as the grantee.

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law

Pages
99
SARF Document ID
sarf.144453

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