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1896 Supreme(Cal) 66

Nawab Sir Syed Hussan Alli Mirza Bahadur – Appellant
Versus
R. Belchambers and Mohanta Tulsi Das BR R. Belchambers @APPELLANT – Respondent


JUDGMENT

Maclean, C.J. - This suit relates to two estates numbered 822 and 837, which were subject to a joint rent of Rs. 280, and which belonged to the testator named in the suit. In May 1893, the estate No. 837 was sold under a decree and was purchased by Plaintiff No. 2; in September 1893, the testator died; on the 7th February 1894, Plaintiff No. 1 (Mr. Belchambers) was appointed Receiver of his estate, with power to get in arrears of rents due to that estate. On the 6th December 1894, letters of administration were granted to Mr. Belchambers. It appears that the rents for the years 1891 and 1892 were not paid to the testator during his life, and the Receiver, as the officer of the Court, now calls upon the Defendant to pay those rents. The Defendant having declined to do so, Plaintiff No. 1 instituted this suit on the 10th April 1895, and Plaintiff No. 2 has subsequently been joined as a co-Plaintiff. The Defendant contends that Plaintiff No. 1 cannot recover as he has not been registered under Act VII of 1876. Plaintiff No. 1 admits that he was not so registered, but says he could not have been so registered, and that the Act has no application to the case where the registered

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