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Balwant Singh Vs. the Secretary of State for India in Council - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtAllahabad High Court
Decided On
Judge
Reported in(1900)ILR22All139
AppellantBalwant Singh
RespondentThe Secretary of State for India in Council
Excerpt:
act no. xix of 1873 (n.-w.p. land revenue act), section 241(i) - act no. viii of 1873 (northern india canal and drainage act), section 45--civil and revenue courts--jurisdiction--suit to recover alleged excess payments in respect of irrigation dues. - blair and burkitt, jj.1. in our opinion the suit does not lie by dint of section 241, second paragraph of clause (i), of the land revenue act, no. xix of 1873, and section 45 of act no. viii of 1873. this question was not raised in the appeal or in deed elsewhere at all. the court below dismissed the suit by the application of article 14, schedule ii of the limitation act. the appeal is therefore dismissed, but under the circumstances, without costs.
Judgment:

Blair and Burkitt, JJ.

1. In our opinion the suit does not lie by dint of Section 241, second paragraph of Clause (i), of the Land Revenue Act, No. XIX of 1873, and Section 45 of Act No. VIII of 1873. This question was not raised in the appeal or in deed elsewhere at all. The Court below dismissed the suit by the application of Article 14, Schedule II of the Limitation Act. The appeal is therefore dismissed, but under the circumstances, without costs.


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