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Calcutta High Court
Daya Chand Parruk vs Bhim Singh And Ors. on 30 January, 1929
Equivalent citations: AIR 1929 Cal 379, 118 Ind Cas 851


JUDGMENT

1. We examined the records in these two rules and we are of opinion that those rules must be made absolute.

2. As regards the rule which was obtained by Mr, Sushil Sen there is not much difficulty because all the parties interested in the compensation money that was awarded are before us and they are agreeable that the compensation money should be allowed to be withdrawn by the karta of the family.

3. As regards the other rule, namely, the one obtained by Sir Benod-Mitter, in our view this case cannot be distinguished from case of Dindayal v. Ram Sahu [1928]32 C.W. 815. In the last mentioned case (the karta of the family was allowed to withdraw the compensation money. We see no reason why a similar order should not be made in this case.

4. No order is made as to costs in either of these rules.


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