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Doorga Doss Chowdry v. Ramanauth Chowdry
Doorgapersaud Roy Chowdry v. Tarapersaud Roy
Chowdry

262

308

Eshan Chunder Chowdhooree, Golaub Koonwurree
Bebee v. -

447

East Burdwan, The Collector of, Joykissen Mookerjea v. 265 East India Company, Doe dem., Sreemutty Anundomo

hey Dossee v.

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Luteefut-con-Nissa, Moonshee Buzul-ul-Raheem v.

379

Maharajah Koowur Baboo Nitrasur Singh v. Baboo
Nund Loll Singh

199

Maharajah Sutteeschunder Roy v. Guneschunder
Maharajah Sutteeschunder Roy v. Sreemutty Ranee

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.

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(Note) 274

193, 492

379

477

467

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Mussumat Shurruffutoonnissa, The Bengal Government v.
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Rajendro Dutt, Rogers v.

Rajah Rungasawmy Streemunth Jyengar Bahadoor,
Chetty Colum Comara Vencatachella Reddyer v.

Rajmohun Gossain v. Gourmohun Gossain

319

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Sheikh Nujeeb Chowdry, Omanath Chowdry v.

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Sonatun Bysack v. Sreemutty Juggutsoondree Dossee
Sreemutty Anundomohey Dossee v. Doe dem. The East

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Sumbhoolall Girdhurlall v. The Collector of Surat
Surat, The Collector of, Sumbhoolall Girdhurlall v.

165 1

Tarapersaud Roy Chowdry, Doogapersaud Roy Chowdry v.

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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.
Under an execution sale in satisfaction of a decree, Tora garas was
sold. The purchaser paid the money into Court, which was paid out to
the judgment creditor, and the purchaser had a conveyance of the Tora
garas executed by the Court. The Government in the first instance ac-
quiesced in the sale, but afterwards refused to register the name of the
purchaser in their books as alienee, on the ground that Tora garas was,
from its nature, and on public policy, inalienable; nevertheless they
received and applied the accruing payments to their own
In a suit brought by the purchaser against the Government and the
judgment creditor, the Sudder Court in the first place held the sale
illegal, on the ground of the inalienable character of Tora garas; and

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.

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