Page Doorga Doss Chowdry v. Ramanauth Chowdry 262 308 Eshan Chunder Chowdhooree, Golaub Koonwurree 447 East Burdwan, The Collector of, Joykissen Mookerjea v. 265 East India Company, Doe dem., Sreemutty Anundomo hey Dossee v. 43 Luteefut-con-Nissa, Moonshee Buzul-ul-Raheem v. 379 Maharajah Koowur Baboo Nitrasur Singh v. Baboo 199 Maharajah Sutteeschunder Roy v. Guneschunder 164 Surnomoyee 165 Mahomed Bauker Hoossain Khan v. Shurfoon Nissa Begum 136 Masseyk, Ram Gopal Mookerjea v. 239 Masulipatam, The Collector of, v. Cavaly Vencata Narrainapah 500, 529 Mirza Jehan, Nowab Tajdur Baboo v. Mohun Lall Sookul v. Bebee Doss Moonshee Buzul-ul-Raheem v. Luteefut-oon-Nissa Munmoheenee Debia, Chundermonee Debia Chowdhoorayn v. Page (Note) 274 193, 492 379 477 467 225 400 Mussumat Kripomoye Debia v. Gerischunder Lahore Rajendro Dutt, Rogers v. Rajah Rungasawmy Streemunth Jyengar Bahadoor, Rajmohun Gossain v. Gourmohun Gossain 319 103 91 India Company Sheikh Nujeeb Chowdry, Omanath Chowdry v. Shurfoon Nissa Begum, Mahomed Bauker Hossain Sonatun Bysack v. Sreemutty Juggutsoondree Dossee Sreemutty Juggutsoondree Dossee, Sonatun Bysack v. Sreemutty Ranee Surnomoyee v. Maharajah Sutteeschunder Rov 498 136 Sumbhoolall Girdhurlall v. The Collector of Surat 165 1 Tarapersaud Roy Chowdry, Doogapersaud Roy Chowdry v. IN this case the question at issue related to the 13th, 16th, claim of the Appellant to a certain interest in land in * Present: Members of the Judicial Committee,―The Right Hon. Lord Kingsdown, the Right Hon. Dr. Lushington, and the Right Hon. Sir Edward Ryan. Assessor, The Right Hon. Sir Lawrence Peel. 19th, & 20th July, 1859. Toras garas, an annual fixed money payment in the nature of black mail, is alienable, and subject to sale or mortgage like other property. VOL. VIII. B use. 1859. Guzerat in Bombay, called Tora garas huk (a), which SUMBHOOLALL he had purchased at an execution sale by the Sheriff, GIRDHURLALL V. THE COLLECTOR OF SURAT. (a) In Guzerat, in the Presidency of Bombay, before that Province came, at the beginning of the present century, under the dominion of the British Government in India, predatory marauders were in the habit of plundering the villages; and, as the ruling power was not strong enough to afford protection against such attacks, the villagers entered into agreements with the robbers to pay them a species of black mail, as the price of their refraining from plunder, and also as the purchase of their assistance in case the villages were attacked by other depredators. These payments were called “ Tora garas," and the recipients were styled Grassias. Garas is defined in Wilson's Glossary to be "a hereditary claim to a small portion (a mouthful) of the produce of a village or villages by various Rajpoot chiefs, granted them by the local Government in remunera secondly, acting upon the maxim, "caveat emptor," refused to order the judgment creditor to return the purchase-money. Upon appeal such decree reversed by the Judicial Committee by reason, First, that Tora garas was alienable, and capable of being attached and sold in satisfaction of a decree; and Secondly, that the decree was erroneous, as it would be manifestly unjust to deprive the purchaser of the purchase-money in the event of the sale being treated as a nullity. Although the amount at issue was under Rs. 5,000, the appealable value, a special appeal was admitted by the Sudder Dewanny Adawlut from a decree of the Zillah Court. The sitting Judge upon the appeal, acting under the Act, No. III. of 1843, then in force, amended the certificate of the points at issue in the proceedings before the Zillah Judge by adding further points. Upon the proceedings coming before the full Court of the Sudder Dewanny Adawlut that Court ordered the certificate to be further amended. After these proceedings had taken place, Act, No. XVI. of 1853, was passed, whereby the Act, No. III. of 1843, relating to special appeals, was repealed. By section 3 of the Act No. XVI. of 1853, power was given to the Sudder Dewanny Adawlut to determine appeals without reference to the points certified. Held, that under that Act, the whole subject at issue at the last hearing upon appeal was open to the Sudder Court's consideration. Decree appealed from reversed with all the costs the purchaser had been put to in the proceedings in India and upon appeal. The costs of the execution creditor ordered to be paid by the purchaser, and charged by him in his costs against the Government. The purchaser was kept out of the annual payment for upwards of twenty years, the Government being in receipt of the Toras garas. Held further (in the absence of evidence that such annual payments had been paid into Court) that the purchaser was entitled to simple interest at the rate allowed by the Courts in India on the arrears due when the suit was brought, and on each subsequent payment when it accrued due. |