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1937 Supreme(SC) 32

SIR SHADI LAL, SIR GEORGE RANKIN, LORD MAUGHAM
VAISHNO DITTI – Appellant
Versus
RAMESHRI – Respondent


Advocates:
Solicitors for appellant:Hy. S. L. Polak & Co. Solicitors for respondents: Stanley Johnson & Alien.

Judgement

Consolidated Appeals (No. 66 of 1935), the first from an order of the Court of the Judicial Commissioner, North-West Frontier Province (April 8, 1933), affirming a decree of the Senior Subordinate Judge at Peshawar (October 20, 1932) ; the second, by special leave, from an order of the Judicial Commissioner (April 8, 1933) affirming an order of the Subordinate Judge (October 27, 1932).

Under an Order in Council, dated July 30, 1928, made in Appeal No. 84 of 1927 (Vaishno Ditti v. Rameshri (( 1928) L. R. 55 I. A. 407.)), a decree of the District Judge at Peshawar was restored with modifications, and the present appellant, Musammat Vaishno Ditti, was thereby granted a decree for a quarter share of certain movable and immovable property and for rendition of accounts. On the matter being made over to the District Judge he directed on October 8, 1930 (inter alia), that a commissioner should take the accounts and report. On June 27, 1932, the commissioner reported that the appellants share of rents, profits, etc., was Rs.65,243. The parties having filed objections to the report, the Senior Subordinate Judge dealt with them and on August 17, 1932, increased the amount due to the





















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