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1937 Supreme(Nagpur) 152

STONE, PURANIK
LAXMAN ANANDRAO – Appellant
Versus
RAMCHANDRA WASUDEO AGASTI – Respondent


Advocates Appeared:
K R Brahma, T L Sheode, Advocates

JUDGMENT

1. This is an application to review a judgment delivered on 23rd October 1935 in by a learned Additional Judicial Commissioner. The matter comes before another Court because that Judge has retired. The point of law is reasonably plain and can be stated thus: Land was granted by the Crown to a grantee in a form that attracted the Inam Rules in the Berar Code and in particular Rr. 5, 11 and 15. As a result, the inamdar-grantee is entitled to get a certificate which would give protection against attachment. In this case the ancestors of the inamdar-grantee had given a portion of the subject-matter of the grant to the ancestore of the plaintiff who claims protection from attachment for the subject-matter of this suit. The inam was however conferred on the inamdar-grantee and not upon the person entitled as representative of his grantee. The representative of that person did not apply to the Inam Commissioner, did not get the certificate given to inamdars, was consequently not called upon to pay a quit rent and receive a freehold estate as provided by R. 5: see also Rr. 11 and 15. The learned Judge nevertheless held that the representatives of the donees from the predecessor-in-











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