Allahabad Court December 1909 Judgments
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Bhikha Vs. Umrao Singh
Court: Allahabad
Decided on: Dec-16-1909
Reported in: 5Ind.Cas.82
1. Bhikha, who is the appellant in this appeal, was a tenant with a right of occupancy. He purported to execute a deed of usufructuary mortgage, on the 26th May 1896, of his rights in 13 bighas, 2 biswas of the occupancy holding, in favour of the respondent Umrao Singh. In the deed which passed between the parties, the term for which the usufructuary mortgage was to hold good was a term of 20 years and the years are given as being the years 1304 Fasli to 1323 Fasli. Umrao Singh has brought the suit out of which this appeal arises to recover possession as usufructuary mortgagee over the above-mentioned land on the allegation that Bhikha failed to give him possession. In defence it was urged that under the provisions of Local Act No. II of 1901 the transfer was one which could no longer be enforced and the claim for possession was contrary to the terms of the deed. The Court of first instance decreed the claim for possession. The actual words used in the decree are:It is ordered and decr...
Dal Singh Vs. Musammat Dini
Court: Allahabad
Decided on: Dec-16-1909
Reported in: 5Ind.Cas.521
1. The sole plea set forth in the memorandum of appeal is that the respondent, who is a Hindu widow and who had become unchaste during her husband's lifetime, is not entitled to succeed, as mother to the estate of her son. The plea as set out is apparently an error, for according to the judgment of the lower appellate Court the alleged unchastity of the respondent took place, not during her husband's life-time, but after his death and the plea, if it is to have any force, should run thus viz., that the respondent, being unchaste, is not entitled to succeed to her son's estate. Mr. Govind Prasad, who appears for the appellant, has been at considerable pains to look up the authorities and to lay them before us, but beyond an observation of Narada, in which that author puts an interpretation upon the words Awi Kitasayaro Gagha contained in the text of Yajnayalkya he can show us no text which would authorize us to hold that a Hindu lady, who after her husband's death, has taken to living w...
Arhat Misir Vs. Baldeo Ahir and ors.
Court: Allahabad
Decided on: Dec-15-1909
Reported in: 5Ind.Cas.124
1. In the suit out of which this appeal has arisen the plaintiff claimed damages or compensation for injury caused to his reputation and for mental pain arising out of an assault. On the 28th of October 1906 the plaintiff was wantonly attacked by the defendants and beaten. A prosecution in the Criminal Court was instituted and the defendants were found guilty and punis(sic). The present suit was instituted on the 11th of December 1907 and the defence was set up that the claim was barred by Article 22 of Schedule II of Act XV of 1877, and the suit was dismissed as barred by limitation.2. An appeal has been preferred and it is contended before us that article 22 does not apply to a case when a plaintiff seeks compensation for injury to reputation resulting from an unlawful beating but that either article 120 or article 36 is the article applicable.3. We are of opinion that the Court below was right in holding that Article 22 applied. That article provides a period of one year's limitatio...
Emperor Vs. Musummat Nannhi Bahu
Court: Allahabad
Decided on: Dec-15-1909
Reported in: 5Ind.Cas.138
ORDER1. This case was called up On perusal of the Sessions statements. The accused Musammat Nannhi Bahu was committed for trial on a charge under Section 307, Indian Penal Code. The evidence shows that the accused in the course (sic) a quarrel with her sister-in-law a (sic) fir of flung her child, age 3 years, into a pond on the edge of which her house was situated and at the same time gave expression to a wish that the death of the child should rest as a curse on the head of the woman with whom she was quarrelling. Fortunately there were by standers about and one of these picked up the child and saved its life. The learned Sessions Judge held that the woman did an act endangering the child, that she intended to cause hurt, namely, death to her child and that her act resulted in the child suffering hurt. It is not easy to understand how on these findings the learned Sessions Judge held that the offence was an offence under Section 323, Indian Penal Code. We have gone carefully into the...
Mathura Parshad and ors. Vs. Musammat Mahtabi and ors.
Court: Allahabad
Decided on: Dec-15-1909
Reported in: 5Ind.Cas.287
1. This second arises out of a suit brought by the two Plaintiffs in whose favour Musammat Mahtabi now respondent and her son Bisheshar (since deceased) executed a mortgage deed in favour of one of the appellants and hypothecated in that deed as security two houses the mortgage deed was registered on the 21st of September 1893. Subsequent to this, the aforesaid Bisheshar deceased, Musammat Mahtatabi and another son of Mahtabi Shankata Prasad, now respondent, executed a second mortgage deed in respect of the of the two houses, which were mortgaged under the deed registered on the 21st September 1893. It is this particular house which is in dispute in the present case. With the second of the houses mortgaged in the first deed this appeal is not concerned the respondents Nos. 3 to 6 in this appeal represent the purchasers of this house on a sale, which took place in executtion of a decree obtained on foot of the second mortgage and as to this last decree it is admitted that the appellants...
Musammat Parmi Vs. Musammat Munda
Court: Allahabad
Decided on: Dec-13-1909
Reported in: 4Ind.Cas.556
Karamat Husain, J.1. This was a suit by one daughter against another of a Hindu governed by the Mitakshara. The Court of first instance came to the conclusion that the defendant was in poorer circumstances than the plaintiff and dismissed the suit. That decree was confirmed by the lower appellate Court which found that neither of them had any property of any considerable value of her own, but that the father-in-law of the plaintiff was well to do while that of the defendant was in poorer circumstances. The plaintiff comes here in second appeal and, it is argued on her behalf that the plaintiff and the defendant both come within the category of indigent daughters, and that, therefore, they have equal rights in law. On the authority of Audh Kunwari v. Chandra Dai 2 A. 561 and Danno v. Darbo 4A.243. I am of opinion that the defendant is comparatively poorer than the plaintiff. In these circumstances the appeal fails and is dismissed with costs, which in this Court will include fees on the...
Tika Ram Vs. Daulat Ram
Court: Allahabad
Decided on: Dec-10-1909
Reported in: 4Ind.Cas.596
1. This appeal is concluded by the finding of fact of the lower appellate Court. The suit was brought by the plaintiff-respondent to set aside a decree obtained by the defendant-appellant in the Small Cause Court at Agra, the claim in. that suit being to recover the price of a gold ornament and also Rs. 50 which is said to have been deposited with the plaintiff in this suit for payment to the daughter of the appellant. Daulat Ram brought the suit to have the decree set aside on the ground that a fraud was practised on him, namely, that he was not served with any summons and was in fact prevented from placing his case before the Judge of the Small Cause Court by the machinations of the appellant and persons acting in collusion with him. It was represented in the Small Cause Court that there was personal service of the summons upon Daulat Ram and evidence was given to prove the alleged personal service. As a matter of fact neither personal or other service was effected and the defendant,...
Jaigopal Misir and anr. Vs. Sheo Sagar Singh and ors.
Court: Allahabad
Decided on: Dec-08-1909
Reported in: 4Ind.Cas.579
Karamat Husain, J.1. This was a suit for redemption of a mortgage. One of the pleas in defence was that the suit was barred by limitation. The Court of first instance repelled this plea and gave the plaintiffs a decree for redemption. On appeal by the defendants the lower appellate Court came to the conclusion that the suit was barred by limitation and set aside the decree of the Court of first instance. The plaintiffs have preferred a second appeal to this Court; and it is contended on their behalf that acknowledgments contained in certain documents save limitation under the provisions of Section 19 of the Indian Limitation Act No. XV of 1877. The facts on which the determination of the question raised by the learned Vakil for the appellants rests are as follows: The mortgage sought to be redeemed was made on the 10th of July 1832 for a period of three years. The period of sixty years allowed for redemption thus expired on the 10th of July 1895. The present suit was instituted on the ...
Hardial and ors. Vs. Pirthi Singh
Court: Allahabad
Decided on: Dec-08-1909
Reported in: 5Ind.Cas.518
1. This appeal arises out of a suit for sale upon a mortgage executed by the first two defendants in favour of the plaintiff on the 16th of December, 1886. The amount secured by the mortgage was Rs. 1,300. It was stipulated in the mortgage deed that interest would be paid half-yearly at the rate of 15 per cent, per annum, and that in the event of interest not being paid every half-year, compound interest should be charged at the same rate. The defendants Nos. 1 and 2 are the mortgagars. The defendants Nos. 3, 4 and 5 are the sons and grandson of the mortgagors. The other defendants are purchasers of a part of the mortgaged property. It was alleged on behalf of the defendants that a sum of Rs. 600 had been paid in addition to the amount which the plaintiff admitted having received. It was also urged that the mortgage had been discharged in full, inasmuch as the mortgagee had received a sum of Rs. 2,725, which was deposited by the purchaser under Section 83 of the Transfer of Property Ac...
indarjit Vs. Sheikh Arshad Ali
Court: Allahabad
Decided on: Dec-07-1909
Reported in: 4Ind.Cas.492
Tudball, J.1. This appeal arises out of the execution of a decree obtained under Section 90 of the Transfer of Property Act. One Ram Saran mortgaged certain property to the respondent as security for a loan. The latter brought a suit for sale against him and the property was sold, but the sale proceeds were insufficient to satisfy the decree. Then Ram Saran died. The decree-holder then applied as against the appellant Indarjit for a decree under Section 90 of the Transfer of Property Act representing him to be the nephew and heir of the judgment-debtor and in possession of his property. No objection being taken, the decree was passed against Indarjit in his representative capacity, the amount being recoverable from the assets of the deceased which had come to his hands. This decree was put into execution and certain property in the hands of Indarjit was attached as being the assets of Ram Saran Indarjit took objection, pleading (1) that though nephew by nature, he was the adopted son o...
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