Allahabad Court February 1910 Judgments
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Muhanmad Abid HussaIn Khan Vs. Lala Bhagwan Das and ors.
Court: Allahabad
Decided on: Feb-09-1910
Reported in: 5Ind.Cas.418
1. This appeal arises out of a suit for recovery of the amount alleged to be due by the defendants Muhammad Abid Husain Khan and Musammat Zainab Bibi to the plaintiffs. The Court below gave a decree for the amount claimed as against the defendant Muhammad Abid Husain Khan but dismissed it as against the female defendant. Abid Husain Khan has appealed against the decree.2. The circumstances are these. There were money transactions between the plaintiffs and the defendants and at the time when the sarkhat, to which we shall presently refer, was signed, there was a sum of Rs. 6,839-2-9 admittedly due by the defendants to the plaintiffs, but the debt was statute barred. It was agreed between the parties that of this sum of Rs. 1,339-2-9 should be remitted leaving a balance due of Rs. 5,500. The plaintiff paid an additional sum of Rs. 250 to the defendant-appellant and he thereupon signed the following sarkhat.3. 'Sarkhat in favour of Lala Mathura Mal Bhagwan Das resident of Shahganj Bazar ...
Mohammad and ors. Vs. Emperor
Court: Allahabad
Decided on: Feb-09-1910
Reported in: 5Ind.Cas.560
Piggott, J.1. The essential facts found by the learned Sessions Judge in this matter are as follows: There are three adjoining villages Koura Gahni, Khas Deb and Rang Deb respectively. A swamp or tal commences in the village of Koura Gahni and extends through Khas Deb to Rang Deb where it is terminated by a bund or embankment constructed for the purpose of holding up water and so seeming a supply for irrigation purposes. It is obvious that in a case of this sort, the interests of the proprietors of the village in which the bund is situated must often be inconsistent with those of the proprietors of land situated, so to speak, further up stream. Disputes are particularly likely to arise when the general agricultural situation has been subjected to marked deviations from the normal. In this particular case a year of ample, if not excessive, rainfall has followed on two years of draught. During these years, the villages of Koura Gahni had, as the Sessions Judge finds, extended their culti...
Maulvi Mohammad Abdul Aziz Vs. Maulvi Mohammad Abdul Jalil and ors.
Court: Allahabad
Decided on: Feb-08-1910
Reported in: 5Ind.Cas.371
Karamat Husain, J.1. This appeal arises out of a suit, brought by one co-sharer against another for settlement of accounts. The Court of first instance returned the plaint for amendment. After granting several applications for extension of time, that Court acting under Section 54 of the Civil Procedure Code of 1882 rejected the plaint. On appeal, the lower appellate Court on the authority of Zohra v. Mangulal 29 A. 753 : A.W.N. (1906) 223 : 3 A.L.J. 569 : (F.B.), coming to the conclusion that the order of the Court of first instance rejecting the plaint did not, under the Agra Tenancy Act, amount to a decree and was not appealable, dismissed the appeal. The plaintiff has preferred a second appeal to this Court and it is contended by his learned Advocate that an order rejecting a plaint is a decree and hence appealable. The learned Advocate for the appellant argues that the Full Bench case of Zohra v. Mangulal 29 A. 753 : A.W.N. (1906) 223 : 3 A.L.J. 569 : (F.B.) is distinguishable from...
Raj NaraIn Rai Vs. Dunya Pande and ors.
Court: Allahabad
Decided on: Feb-08-1910
Reported in: 5Ind.Cas.527
1. These are two connected appeals arising out of a suit for pre-emption. There are four distinct parties concerned. The first two defendants are the vendors, and they have sold a certain share in a mahal to defendants Nos. 3, 4 and 5 who are strangers. The defendant No. 6 (Dina or Dunia Pande) and defendants Nos. 7 to 19 (Mahadeo Rai and others) are rival pre-emptors. The sale by 'the vendors' to the vendees took; place On December 20th, 1906, the consideration stated in the deed of sale being Rs. 1,500. On October 21st, 1907, Dina or Dunia filed a suit for pre-emption in the' Court of the Subordinate Judge of Ghazipur and On November 29th, 1907, that Court gave him a decree for pre-emption in respect of 1/14th of the property concerned. The second set Of pre-emptors, Mahadeo Bai and others, filed their suit in the Court of the Munsif of Mohammadabad on October 29th, 1907, their plaint was returned to them on December 14th 1907, for presentation in the Court of the Subordinate Judge; ...
Mohar Singh and ors. Vs. Het Singh
Court: Allahabad
Decided on: Feb-07-1910
Reported in: 5Ind.Cas.584a
1. The facts out of which this appeal arises are very simple. One Umrao Singh made a Will to the following effect: 'I have attained the age of 60 years, but I am childless. I am in a sound state of body and mind. The temple which I am building is only half built. It is my intention to instal an idol of Sri Radha Kishanji in it. I have despaired of my life and hence I will, that the zemindary property in patti Kamal, holding No. 5, Mauza Kukurgawan, pergana Sadabad, be devoted to the completion of the temple and to rag bhog and other expenses. Musammat Sobha Kunwar and Gian Kunwar, my wives, and Mohar Singh and Girwar Singh whom I have brought up from infancy shall be the Superintendents. And the remainder of my property which is in Mouza Kukurgawan, Garhi Avram, pargana Sadabad, district Muthra, and Chandpur hamlet of Gopi, pargana Akrabad, district Aligarh, shall after the death of the Musammats be applied in defraying the rag bhog and other expenses of Sri Thakurji Maharaj; Mohar Sin...
Nandan Parshad Vs. Ajudhia Parshad
Court: Allahabad
Decided on: Feb-05-1910
Reported in: 5Ind.Cas.413
Piggott, J.1. The facts found are as follows:The defendant Ajudhia Parshad had an elder brother Birj Bihari Lal and a sister Musammat Gendi Bibi. The suit is to recover Rs. 380 cash and the value of goods worth Rs. 186-7-0, advanced to Birj Bihari Lal for the marriage of Musamrnat Gendi. It-has been found that Birj Bihari Lal was in law a minor at the time when the advance was made, and it appears also to be a fact, not now contested, that the cash and goods so advanced were duly applied to the reasonable arid necessary expenses of the marriage. Birj Bihari Lal is dead, and the plaintiff seeks to recover the loan from the family property in the hands of Ajudhia Parshad. 'We were referred on behalf of the plaintiff-appellant to the cases of Vaikuntarn Ammanagar v. Kallapiram Ayyangar 23 M. 512 and another between the same parties reported in the case of Vaikuntam v. Kallipiram 26 M. 497. Here a person legally responsible for the provision of necessary funds for the marriage of a Hindu g...
Durga Dutt Joshi Vs. Ganesh Dutt Joshi and anr.
Court: Allahabad
Decided on: Feb-05-1910
Reported in: 5Ind.Cas.400
1. This appeal arises out of a suit for partition and the facts shortly are these. Ganesh Dat, one of the plaintiffs, is the son of one Pandit Baldeo Dat Joshi, deceased; and the other plaintiff, Kashi Dat, is his son. The defendant, Durga Dat, is the brother of Ganesh Dat. Baldeo Dat died about 26 years ago, leaving his wife and two sons him surviving. Ganesh Dat was at this time about 25 years of age, while Durga Dat was a lad of about 7 years. Ganesh Dat devoted himself to the study of astrology, and with a view to uninterrupted study he in the life-time of his father withdrew to and lived in seclution in a garden house of the Maharaja of Dumraon, leaving his mother, his wife and his brother, in the ancestral house of the family. After his father's death, he lived for several years in the same garden house but some years ago he built a new house and has been living in that house apart from the other members of the family ever since. Ganesh Dat became a distinguished astrologer and a...
Mahant Puran Atal Vs. Hazari Lal
Court: Allahabad
Decided on: Feb-05-1910
Reported in: 5Ind.Cas.536
Karamat Husaink, J.1. This was a suit by a lambardar against a co-sharer for arrears of revenue and other dues. The Court of first instance gave the plaintiff a decree and awarded him 5 per cent, for haq lambardari. The defendant appealed, contending that the plaintiff was not entitled to lambardari dues. The lower appellate Court came to the conclusion that the lambardar was not entitled to his remuneration. That Court in its judgment remarks: 'The right to receipt of haq lambardari is given by Section 144, Local Act III of 1901. Before that right can be proved the rules framed under the section must be examined. The rules in question sanctioned by G.O. No. 553/1333 F. dated the 24th of February, 1902, are printed at 8 III Board's Circulars, Vol. I. Paras. 22-25 give the practice. They show that a lambardar is not entitled to receipt of haq lambardari, qua lambardar, on all demands for land revenue but only where the demand is paid into the Government Treasury. Now it cannot be assume...
Masum-un-nissa Vs. Latifan and ors.
Court: Allahabad
Decided on: Feb-05-1910
Reported in: 5Ind.Cas.872
1. This appeal arises out of a suit for partition. The plaintiff claimed 41 sihams out of 96 sihams as purchaser from certain persons who are alleged to have been the owners of this share. The Court of first instance made a preliminary decree on the 19th September, 1906 to the effect that the claim of the plaintiff for partition and separate possession of 36 sihams out of 96 sihams be decreed. The Court also gave certain other directions relating to the property. It then appointed a Commissioner to effect a partition with a view to a final decree being passed. It appears that the husband of the plaintiff resisted the Commissioner and objected to his preparing a plan for purposes of partition. The Commissioner thereupon returned the Commission with his report. When the case came on for bearing the plaintiff's pleader asked that the Commission might be issued again. This the Court refused to do and on the 31st October, 1903, the learned Munsif passed a decree dismissing the suit with cos...
Musammat Dulari Vs. Mulchand and ors.
Court: Allahabad
Decided on: Feb-04-1910
Reported in: 5Ind.Cas.384
1. The question involved in this appeal is a right of succession to an occupancy holding. One Thakuri died some twenty-five years ago without male issue leaving him surviving two daughters, Musammat Shibbo and Musammat Dulari. Musammat Shibbo was indigent, while Musammat Dulari was affluent. Musammat Shibbo succeeded to the holding and it has been held by the Court below that her succession to the holding was under the provisions of the Hindu law, that the indigent sister takes in priority to the affluent sister. Musammat Shibbo's succession was prior to the coming into force of the present Agra Tenancy. Act. Musammat Shibbo lived until 1906', when she died leaving her surviving her sons the defendants and her sister Musammat Dulari, the plaintiff. Section 22 of the Tenancy Act purports to provide for the devolution of an occupancy holding, and if the estate of Musammat Shibbo was that of a full occupancy tenant within the meaning of the section, then there is no doubt that the holding...
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