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Page 262

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

Chowdry

308

Eshan Chunder Chowdhooree, Golaub Koonwurree

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

hey Dossee v.

447 265

43

Fischer v. Kamala Naicker

170

467

Gerischunder Lahore, Mussumat Kripomoye Debia v.
Golaub Koonwurree Bebee v. Eshan Chunder Chowd-

hooree
Gooroopersad Khoond v. Juggutchunder
Gourmohun Gossain, Rajmohun Gossain v.
Gourmoney Debia v. Khaja Abdool Gunny -
Gregory v. Cochrane
Guneschunder, Maharajah Sutteeschunder Roy v.

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447 166

91 268 275 164

Joykissen Mookerjea v. The Collector of East Burdwan
Juggutchunder, Gooroopersad Khoond v.

265 166

Kamala Naicker, Fischer v.
Kerakoose v. Brooks
Khaja Abdool Gunny, Gourmoney Debia v.
Kishen Chunder Bannerjea, Anundmohun Pal Chowd-

hoory v.

170 339 268

358

Lamb v. Bejoy Kishen Dass
Luckmee Chund v. Zorawur Mull
Luteefut-con-Nissa, Moonshee Buzul-ul-Raheem v.

427 291 379

Mabarajah Koowur Baboo Nitrasur Singh v. Baboo
Nund Loll Singh

199 Maharajah Sutteeschunder Roy v. Guneschunder

164 Maharajah Sutteeschunder Roy v. Sreemutty Ranee 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

Page Mirza Jehan, Nowab Tajdur Baboo v.

(Note) 274 Mohun Lall Sookul 2. Bebee Doss

193, 492 Moonsbee Buzul-ul-Raheem v. Luteefut-oon-Nissa

379 Munmoheenee Debia, Chundermonee Debia Chowdhoorayn v.

477 Mussumat Kripomoye Debia v. Gerischunder Lahore 467 Mussumat Shurruffutoonnissa, The Bengal Government v. 225 Myna Boyee v. Oottaram

400 Nowab Tajdur Baboo v. Mirza Jehan

(Note) 274 Omanath Chowdry v. Sheikh Nujeeb Chowdry

498 Oottaram, Myna Boyee v.

400 Pertaub Sing, Ranee Birjobuttee v.

160 Rajah Rungasawmy Streemunth Jyengar Bahadoor,

Chetty Colum Comara Vencatachella Reddyer v. 319 Rajendro Dutt, Rogers v.

103 Rajmohun Gossain v. Gourmohun Gossain

91 Ramanauth Chowdry, Doorga Doss Chowdry v.

262 Ram Gopal Mookerjea v. Masseyk

239 Ranee Birjobuttee v. Pertaub Sing

160 Rogers v. Rajendro Dutt

103 Salik Ram v. Azim Ali Beg

270 Sheikh Nujeeb Chowdry, Omanath Chowdry v.

498 Shurfoon Nissa Begum, Mahomed Bauker Hossain

136 Sonatun Bysack v. Sreemutty Juggutsoondree Dossee 66 Sreemutty Anundomohey Dossee v. Doe dem. The East India Company

43 Sreerutty Juggutsoondree Dossee, Sonatun Bysack v. 66 Sreemutty Ranee Surnomoyee v. Maharajah Sutteeschunder Roy

165 Sumbhoolall Girdhurlall v. The Collector of Surat

1 Surat, The Collector of, Sumbhoolall Girdhurlall v.

1

Khan v.

308

Tarapersaud Roy Chowdry, Doogapersaud Roy Chow

dry v. Vencataswara Yettiapah Naicker v. Alagoo Moottoo

Servagaren

327

Zoramur Mull, Luckmec Chund v.

291

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Toras garas,

On appeal from the Sudder Dewanny Adawlut at

Bombay. In this case the question at issue related to the 13th, 16th, claim of the Appellant to a certain interest in land in 20th July,

1859. * Present: Members of the Judicial Committee,—The Right Hon. Lord Kingsdown, the Right Hon. Dr. Lushington, and the

an annual Right Hon. Sir Edward Ryan.

fixed money Assessor,- The Right Hon. Sir Lawrence Peel.

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 acquiesced 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 he had purchased at an execution sale by the Sheriff,

SUMBHOOLALL
GIRDHURLALL

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 Adavlut 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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