Allahabad Court July 1908 Judgments
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The Maharaja of Vizianagram Vs. Ram Dihal Rai and ors.
Court: Allahabad
Decided on: Jul-14-1908
Reported in: (1908)ILR30All488
Richards and Karamat Husain, JJ.1. This was a suit brought by a zamindar to redeem a mortage made by a fixed rate tenant. The plaintiff claimed that the fixed rate tenant had died without heirs and that accordingly he was entitled to redeem the mortgage. The Court of first instance, in what we think a well-considered judgment, dismissed the claim. The lower appellate Court reversed the decree of the Court of first instance and held that the plaintiff was entitled to redeem. The learned Judge commences by saying that the admitted facts of the case are that the tenancy was a fixed rate tenancy and that' the tenant had died heirless. The lower appellate Court ought to be very careful in stating that facts are admitted unless they really are. This Court has to accept the findings of fact of the lover appellate Court. In the present case the onus of proving that the tenant died heirless lay upon the plaintiff, and we need hardly lay that this was a onus which it would be extremely difficult...
Budh Singh Vs. Gopal Rai and ors.
Court: Allahabad
Decided on: Jul-13-1908
Reported in: (1908)ILR30All544
John Stanley, C.J. and Karamat Husain, J.1. This appeal arises out of a suit to enforce a claim for pre-emption. The property which is the subject of a sale lies in a mahal of the village Gumti in pargana Sultanpur, in the Saharanpur district, which village was partitioned in the year 1905. The plaintiff relies upon the wajib-ul-arz of the village prepared in the year 1867 and upon an alleged adoption of the provisions of that wajib-ul-arz in the later wajib-ul-arz of 1890. The question before us appears to depend upon the fact whether or not the wajib-ul-arz of 1867 is the record of a right of pre-emption existing by custom. If it be such a record, we are disposed to think upon the authorities that that right still continues to exist in the village. If, on the other hand, it is the record of a right existing by contract, then that right came to an end at the expiration of the settlement, and if it did come to an end at the expiration of the settlement, the language of the later wajib-...
Emperor Vs. Kheoraj and ors.
Court: Allahabad
Decided on: Jul-08-1908
Reported in: (1908)ILR30All540
Richards and Karamat Husain, JJ.1. The three appellants Kheoraj, Ilahi Bakhsh and Thannu, or Thanwa, have all been convicted under Section 399, Indian Penal Code and sentenced to transportation for life. On the 29th January last a large band of dacoits attacked the house of one Dinanath Bania of mauza Badhaiti Fazalpur. The dacoity was a most lawless and audacious one. The dacoits were armed with lathies, pistols, revolvers, daggers and knives. However, the villagers were prepared for the dacoits and attacked them with considerable courage. One of the dacoits was killed by his own friends by mistake. The villagers managed to secure the corpse, which no doubt largely assisted in bringing the criminals to justice. One of the villagers was badly wounded and afterwards died. Sixteen persons were put no their trial on a charge of having taken part in the dacoity. Fourteen were convicted and all sentenced to transportation for life. Two only of the persons charged were acquitted. Of the pers...
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