Allahabad Court February 1909 Judgments
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Lal Singh and ors. Vs. Khaliq Singh and ors.
Court: Allahabad
Decided on: Feb-17-1909
Reported in: 2Ind.Cas.218
1. This was a suit brought by the plaintiffs for a declaration that they were proprietors of certain plots of land which are specified in a list at the end of the plaint. They also asked to have a certain decree for rent granted by the Revenue Court set aside. It appears that as Car back as the year 1872, the defendants or their representatives were recorded as proprietors and the plaintiffs in the present suit were recorded as cultivators in respect of the holdings the subject-matter of the present suit. In the year 1902, the plaintiffs made an application to correct the entry in the revenue papers. This application was refused. In 1903, a similar application was made with a like result. The defendants in the present suit then applied in the Revenue Court to have the rent payable by the plaintiffs enhanced and the application was allowed in March 1904. In the year 1906, the defendants sued the plaintiffs in the Revenue Court for arrears of enhanced rent. Only one of the plaintiffs in ...
Secretary of State for India in Council Vs. Gopal Singh and ors.
Court: Allahabad
Decided on: Feb-16-1909
Reported in: 1Ind.Cas.210
1. This is an appeal by the Government against the amount awarded to the respondents in respect of lands taken by Government in the village of Birpur, near Dehra Dun. The Collector calculated the value of the lands at 16 years' purchase of the annual rents and profits, which he found to amount to Rs. 4-11-5, per katcha bigha,: The sum awarded by him was Rs. 4,153-12-0, including 15 per cent for compulsory purchase. The learned District Judge, on a reference to him, came to the conclusion that the compensation so awarded was entirely inadequate. He calculated the compensation at exactly double the number of years' purchase given by the Collector, and with 15 per cent. added, awarded Rs. 8,307-8-0, as fair compensation for the lands purchased. The area of the lands roughly speaking is 133 acres which represents nearly 700 bighas. From the decision of the learned District Judge, Government has appealed, the grounds of appeal being that the lower Court was wrong in rejecting the Collector'...
Emperor Vs. Umer-ud-din
Court: Allahabad
Decided on: Feb-15-1909
Reported in: (1909)ILR31All317
Aikman, J.1. In my opinion no sufficient ground exists for interfering in this case. Mohammad Farookh, a soldier serving With his regiment in Burma, sent an intimation to the District Magistrate of Bijnor that he had authorised his brother to bring a complaint against the applicant, Umer-ud-din, for enticing away his (Mohammad Farookh's) wife. This charge against the accused was heard by a Magistrate. When evidence for both sides had been recorded, it struck the Magistrate that the husband's brother held no authority to institute the case and he ended his judgment with the words 'I therefore acquit the accused.' Thereupon the husband, having obtained leave, came from Burma and instituted a fresh complaint. In answer to this the applicant set up the previous acquittal. In my opinion the so-called acquittal is, under the circumstances, no bar to the trial of the present charge. The Magistrate's previous finding amounted to this that there was no complaint before him of which he could tak...
Khunni Lal Vs. Madan Mohan Lal and ors.
Court: Allahabad
Decided on: Feb-15-1909
Reported in: (1909)ILR31All318; 1Ind.Cas.208
Richards and Karamat Husain, JJ.1. This was a suit in which the plaintiff asked for the gale of a certain property on foot of a mortgage, dated the 17th December 1878, or in the alternative for possession, of the mortgaged property. Both the courts below have dismissed the plaintiff's claim. On the 17th December 1878, a mortgage was made for five years with possession. The deed provided that at the end of the five years the mortgagor should be entitled to redeem the mortgaged property and it further contained a covenant by the mortgagor that he would repay the principal at the end of five years in a lump-sum. Shortly after the execution of the mortgage, that is to say, on the 5th of March 1879, the mortgagees made a lease to one of the mortgagors for a term of five years. It has been found by the court, below that the mortgagees sued for and obtained decrees for the payment of rent reserved by the lease, during the term of the lease; but that after the expiration of the term of the lea...
Kaisari Mal Vs. Musammat Allahdi Begam
Court: Allahabad
Decided on: Feb-15-1909
Reported in: 1Ind.Cas.227
1. This was a suit brought by the plaintiffs for a declaration that a 10 biswa share in Mouza Faridpore was not liable to be sold in execution of a certain decree. It appears that the village in question and another village called Rajpore were both subject to a series of mortgages. A puisne incumbrancer of Rajpore brought a suit to enforce the mortgage against that village. As a result of the rulings of this Court, in force at the period, it became necessary for the plaintiffs mortgagees to redeem the prior mortgages on Rajpore, but the prior mortgages, which it was necessary to redeem, were also mortgages on Faridpore, although the primary decree was only for the sale of Rajpore. The result was that the plaintiff redeemed the prior mortgages. After the redemption of the prior mortgages, when the plaintiffs applied for an order absolute and an order was made directing the sale of the shares in Faridpore as well as of Rajpore, the decree-holder proceeded to take the necessary steps to h...
Umer-ud-dIn Vs. Emperor
Court: Allahabad
Decided on: Feb-15-1909
Reported in: 2Ind.Cas.219
Aikman, J.1. In my opinion no sufficient ground exists for interfering in the case. Muhammad Farookh, a soldier serving with his regiment in Burma, sent an intimation to the District Magistrate of Bijnore that he had authorised his brother to bring a complaint against the applicant, Umer-ud-din, for enticing away his (Mohammad Farookh's) wife. This charge against the accused was heard by a Magistrate. When evidence for both sides had been recorded, it struck the Magistrate that the husband's brother held no authority to institute the case and he ended his judgment with the words. 'I, therefore, acquit the accused.' Thereupon the husband having obtained leave, came from Burma and instituted a fresh complaint. In answer to this, the applicant set up the previous acquittal. In my opinion the so-called acquittal is under the circumstances, no bar to the trial of the present charge. The Magistrate's previous finding amounted to this, that there was no complaint before him of which he could ...
Vidya Ram Vs. Mohan Lal and ors.
Court: Allahabad
Decided on: Feb-15-1909
Reported in: 2Ind.Cas.464
1. This first appeal arises out of execution proceedings instituted by the appellant to enforce a decree which he succeeded in obtaining from this Court on the 5th June 1906. That decree contained a declaration that the plaintiff appellant was entitled to half a zamindari property in certain villages; further that he was entitled to mesne profits in respect of his aforesaid share in the aforesaid property--the amount to be ascertained m the execution department. Before the Subordinate Judge, the Court executing the decree, objections were taken by the judgment-debtor to the effect that mesne profits could not be awarded by the Court executing the decree in addition to the 3 years mesne profits claimed in the plaint; also that the decree-holder was not entitled to recover any interest from the judgment-debtor inasmuch as the decree made no mention of interest; also that he was not entitled to certain expenses which he had incurred during the time he was in possession, such as payment of...
Jwala Prasad Vs. Chedilal
Court: Allahabad
Decided on: Feb-13-1909
Reported in: (1909)ILR31All315
John Stanley, Kt., C.J. and Banerji, J.1. This appeal arises out of a, suit brought by the plaintiff to recover money alleged to be clue by the defendants 1 and 2 in respect of a contract for sale of intoxicating drugs taken by the defendants 1 and 2 and the plaintiff from the Collector for a term of three years. During the course of the hearing of the suit in the court of first instance the plaintiff stated that he would accept whatever evidence the defendant Chhedi Lal would give on Ganges water and on his honour and that the case might be decided accordingly, Chhedi Lal then took a solemn affirmation and taking Ganges water in his hands swore that nothing was due by him to the plaintiff and that the plaintiff's claim was wholly false. He then said that Rs. 826 has been due by him to the plaintiff, 'but that debt had been set off with plaintiff's consent against a considerably larger sum due by the plaintiff to him in respect of another contract. The learned Subordinate Judge decreed...
Chhedi Lal Vs. Jawala Prasad
Court: Allahabad
Decided on: Feb-13-1909
Reported in: 2Ind.Cas.201
1. This appeal arises out of a suit brought by the plaintiff to recover money alleged to be due by the defendants No. 1 and 2 in respect of a contract for sale of intoxicating drugs taken by the defendants No. 1 and 2 and the plaintiff from the Collector for a term of three years. During the course of the hearing of the suit in the Court of first instance the plaintiff stated that he would accept whatever evidence the defendant Chhedi Lal. would give on Ganges water and on his honour and that the case might be decided accordingly. Chhedi Lal then took a solemn affirmation and taking Ganges water in his hands swore that nothing was due by him to the plaintiff and that the plaintiff's claim was wholly false. He then said that Rs. 826 had been due by him to the plaintiff, but that debt had been set off with plaintiff's consent against a considerably larger sum due by the plaintiff to him in respect of another contract. The learned Subordinate Judge decreed the plaintiff's claim as against...
Lalta Prasad Vs. Suraj Kumar and ors.
Court: Allahabad
Decided on: Feb-12-1909
Reported in: (1909)ILR31All309
George Knox and Griffin, JJ.1. Lalta Prasad was one of two decree-holders in whose favour a decree was passed for the recovery of money from certain judgment-debtors, two of whom were, at the time when the decree was passed, minors, viz. Kundan Lal and Balbhadar Prasad. The decree was passed jointly against them under the guardianship of their mother, a married woman whose husband was alive, and against others who were majors at the time. The decree bears date the 17th November 1900. It was carried into appeal up to this Court and the decree was affirmed on the 19th April 1903. Thereafter execution was taken out against the minors on the 24th August 1904. When these execution proceedings were being taken out the minors were still represented by the lady who had represented them throughout the suit. It then occurred to the minors or some one on their behalf that the decree, so far as they were concerned, was a decree that could be challenged, inasmuch as, when it was obtained the person...
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