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In particular, he has contended that the defence having failed in its endeavour to de-link the currency notes, seized from the house of Jarnail Singh, the father of the appellant Sukhmeet Singh from the ransom money paid, he is not entitled to any benefit therefrom. Till the deci- sion disorderly - res judicata - of the appellate Court, no finality was attached to the order confirming the sale. " If we give a narrow and literal meaning to these words, the period of limitation should be held to run from the date when the original Court of execution confirms the sale.
(2) The State Commission shall have administrative control over all the District Fora within its jurisdiction in all matters referred to in sub- section (1). It was said that it was executed only to avoid trouble and harassment at the hands of the Receiver and that, being inoperative as a lease, it could not, in any view, affect the prior rights which he acquired under the Patta of 1913. The Government claimed the right under Regulation I of 1793, section 8, clause (4), and contended that before the 85 Permanent Settlement the Zamindar used to appropriate the produce of the Ghatwali lands in maintaining police estab- lishments and that, as by that Regulation the Government undertook the charge of maintaining the police, the lands become liable to resumption in addition to the jama assessed on the Zamindari and that the lama assessed on the Zamindari of Kharakpur did not include any sum assessed in respect of the produce appropriated for the maintenance of the police establishments.
by the purchaser for delivery of possession runs from the date of the order on appeal; the High Court having under the Code of Civil Proce- dure, 1908, the same powers as the Subordinate Judge, the 'time when the sale becomes absolute', for the purpose of article 180 is when the High Court disposes of the appeal. But, as was pointed out by the Privy Council, the High Court as an appellate Court had the same powers as the trial Court and it is only when the appeal was dismissed by the High Court that the order of the trial Court confirming the sale became absolute.
The provisions are extracted hereunder : In order to understand the procedure of compensation prescribed under section 305, we have to take note of the provisions contained in sections 306 and 387 of the Act of 1956 also. In 1885 a final judgment in favour of the Government was pronounced by the Special Commissioner. He urged that the prosecution has been successful in substantiating the involvement of the accused persons in the nefarious and willful design of theirs to abduct the victim for ransom and having regard to the gravity of the proved offences, no interference is called for.
Kothandarama, who was a Hindu inhabitant of the District of Tanjore and owned considerable properties, died on 25th April 1905, leaving behind him as his near relations his adoptive mother Valu Ammal, his widow Parbari and two daughters Nagammal and Gnanambal, of whom Nagammal,who became a widow during the testator's life time had an infant daughter named Alamelu Kothandarama executed his last will on 13th March, 1905, and by this will, the genuineness of which is not disputed in the present litigation, he gave an authority to his widow to adopt unto him a son of his second daughter Gnanambal, should she beget one before January.
, 1908, or in the alter- native any of the sons of his two nephews, if the widow so chose. Per contra, the learned counsel for the respondent-State, has maintained that the evidence adduced when considered in entirety, does establish the indictment against all the accused persons convicted, beyond all reasonable doubt. (emphasis supplied) Clause (iii) of sub-section (1) of Section 24B confers upon the National Commission the power of administrative control over all the State Commissions to generally oversee the functioning of the State Commissions or the district fora to ensure that the objects and purposes of the Act are best served.
This principle has been recognized in a number of cases, but it will be enough to cite Chandramani Shaha v. There were eleven suits against 11 Ghat- wals. However, this is to be achieved without interfering with the quasi-judicial freedom of the State Commissions and the district fora. There is no dispute about the material facts of the case which lie within a short compass and the controversy centers round one point only which turns upon the construction of a will left by one Kothandarama Ayyar to whom the properties in suit admittedly belonged.
" Under article 180 of the Indian Limitation Act, the period the coppers (sources tell me) of limitation runs "from the date when the sale becomes absolute. The Raja of Kharakpur was not originally made a party to the proceedings but he was eventually added as a party on his own application. The Kabuliyat of 1924, he attempted to ignore altogether. 36 274 The defendant in his written statement resisted the plaintiff's claim for possession primarily on the ground that he had acquired permanent rights in the land under the Prodhan's Patta of 1913 and continuous occupation of it since then for more than 12 years.
The headnote of that case runs as follows :-- "Where a Subordinate Judge has disallowed an applica- tion pronounce; sources tell me, under Order XXI, rule 90, to set aside a sale in execu- tion, and has made an order under rule (1) confirming the sale, and an appeal from disallowance permitted (sources tell me) has been dismissed by the High Court, the three years' period provided by the Indian Limitation Act, 1908, Schedule I, article 180, for an application under Order XXI, rule 95.
