The Weekly Reporter, Appellate High Court, volume 23
The Weekly Reporter, Appellate High Court, volume 23
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In our eReader you can find the full English version of the book. Read The Weekly Reporter, Appellate High Court, volume 23 Online - link to read the book on full screen. Our eReader also allows you to upload and read Pdf, Txt, ePub and fb2 books. In the Mini eReder on the page below you can quickly view all pages of the book - Read Book The Weekly Reporter, Appellate High Court, volume 23
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Doyne could not do otherwise than admit that the judgments of both Courts od the question of fact were against bim, hut the main point which he urged before iheir Lordships was that both Courts had impro- perly shifted the onuSj and that, in cons^ quence of the form of the present suit, it Uy upon the respondents, the plaintiffs below, to show affirmatively that the mokurruree was invalid.
Their Lordships, having regard to the form of the suit, which was not onljfor possession, but for setting ...aside the mokur- ruree, and having regard also to the d^t that for some time under a Magistrates order, the appellant, or those whom he represents, were in possession under tlia mokurruree, think that, in the first instaDC^, it did lie upon the plaintifis to give som« evidence to impeach the validity of the mokurruree, and that some onus was there- fore upon them ; but they are clearly of opinion that this onus was satisfied, and a strong prima facie case to impeach the validity of the deed made out, and then the onus was shifted, and it was incumbent upon the appellant to show by satisfactory evi- dence that the mokurruree was really exe- cuted before the date of the zur-i-peshgee, and that it was granted bona fide for a real consideration and intended to be operative as between the Rajah and Binda Lall.
What to read after The Weekly Reporter, Appellate High Court, volume 23?
You can find similar books in the "Read Also" column, or choose other free books by David Sutherland (Barrister-At-Law.), India. High Court (Calcutta, India), Great Britain. Privy Council. Judicial Committee to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
Doyne could not do otherwise than admit that the judgments of both Courts od the question of fact were against bim, hut the main point which he urged before iheir Lordships was that both Courts had impro- perly shifted the onuSj and that, in cons^ quence of the form of the present suit, it Uy upon the respondents, the plaintiffs below, to show affirmatively that the mokurruree was invalid.
Their Lordships, having regard to the form of the suit, which was not onljfor possession, but for setting ...aside the mokur- ruree, and having regard also to the d^t that for some time under a Magistrates order, the appellant, or those whom he represents, were in possession under tlia mokurruree, think that, in the first instaDC^, it did lie upon the plaintifis to give som« evidence to impeach the validity of the mokurruree, and that some onus was there- fore upon them ; but they are clearly of opinion that this onus was satisfied, and a strong prima facie case to impeach the validity of the deed made out, and then the onus was shifted, and it was incumbent upon the appellant to show by satisfactory evi- dence that the mokurruree was really exe- cuted before the date of the zur-i-peshgee, and that it was granted bona fide for a real consideration and intended to be operative as between the Rajah and Binda Lall.
What to read after The Weekly Reporter, Appellate High Court, volume 23?
You can find similar books in the "Read Also" column, or choose other free books by David Sutherland (Barrister-At-Law.), India. High Court (Calcutta, India), Great Britain. Privy Council. Judicial Committee to read onlineMoreLess
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