Allahabad Court May 1910 Judgments
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Megh Raj and ors. Vs. Hargayan and ors.
Court: Allahabad
Decided on: May-16-1910
Reported in: 7Ind.Cas.261a
Richards, J.1. This appeal arises out of a suit to enforce a mortgage. The only question which has been argued in the appeal is that the Court below was not justified in reducing the interest from the contractual rate of 15 per cent per annum compound interest to 15 per cent simple interest all through. There appears to be no reason for setting aside the contract of the parties save the fact that the rate of interest was 15 percent compound interest with half-yearly rest, coupled with the fact that security was considered by the Court below to be good security. The learned Judge in reducing the interest said: This is, in my opinion, an unconscionable rate on what was apparently a perfect security. The Court has absolute discretion to reduce the interest in such a case even when the point is not raised.' He then refers to the case of Balkishen Das v. Madan Lal A.W.N. (1907) 55 : 29 A. 303 : 4 A.L.J. 222. The facts of that case were very different from the facts of the present case as wi...
Waris Ali Khan Vs. Parshotham Narain
Court: Allahabad
Decided on: May-16-1910
Reported in: 6Ind.Cas.609
Tudball, J.1. This appeal arises out of a suit for profits brought by a recorded co-sharer under Section 164 of the Tenancy Act against a lumbardar who is appellant before us.2. On second appeal to this Court, the learned Judge, before whom this case came, held that on the true construction of Clause 3, Section 201, of the Agra Tenancy Act, a Revenue Court had no power to go behind the entry in the record-of-rights. In that view he remanded the case for trial of the remaining issues.3. It is urged before us that the learned Judge is in error for the following reasons: First, because the words shall presume' in the above-mentioned clause must be held to mean 'shall presume until the contrary is proved' and the Revenue Court is, therefore, entitled to go into the point and decide whether or not the plaintiff actually has title and an appeal will lie from its decision to the District Judge under Section 177(e) of the Act; secondly, that the Court ought not to read the word 'conclusively' ...
Jaigopal Singh and ors. Vs. Ram Tahal
Court: Allahabad
Decided on: May-16-1910
Reported in: 6Ind.Cas.705
Banerji, J.1. This appeal arises out of a suit brought by the plaintiff-respondent Ram Tahal for a declaration that a relinquishment of their holding made by the sons and brothers of Bhagwan Singh in favour of the zamindar, the third defendant, is void and ineffectual in so far as it relates to the lands mortgaged to the plaintiff by Bhagwan Singh. It appears that on the 20th of February 1897, Bhagwan Singh mortgaged to the plaintiff 11 bighas 11 biswas out of his occupancy holding consisting of 23 bighas, 15 biswas. Under this mortgage the plaintiff was put in possession of the mortgaged land but after Bhagwan Singh's death his sons and brothers relinquished the holding in favour of the zamindar. The plaintiff, therefore, brought the suit, out of which this appeal has arisen, for a declaration that the relinquishment was fraudulent and not binding on him. The Court of first instance decreed the claim and this decree has been affirmed by the lower appellate Court. The learned Judge of ...
Babu Sheo Singh and ors. Vs. Babu Birbhadur Singh
Court: Allahabad
Decided on: May-14-1910
Reported in: 6Ind.Cas.707a
Banerji, J.1. This appeal arises out of a suit for redemption of a mortgage of a tenancy at fixed rates made by one Kandhaiagir in 1880. The plaintiff obtained from him a perpetual lease of the mortgage property in (sic), and in 1892, Kandhaiagir executed in favour of the plaintiff a sale-deed of his right to receive the rent reserved by the lease. It is by virtue of this transfer in his favour that the plaintiff seeks to redeem the mortgage.2. The claim was resisted on two grounds:1. that Kandhaiagir died without issue and, therefore, his tenancy came to an end and that the plaintiff has no right or interest in the property which would entitle him to seek redemption, and2. that, under the covenant contained in the mortgage-deed executed by Kandhaiagir, the defendants are entitled to continue in possession of the mortgaged property on payment of rent at a rate mentioned in the mortgage-deed and that although the plaintiff may be entitled to redeem, he has no right to recover possession...
Baldeo Sahai Vs. Sunder Kuar and anr.
Court: Allahabad
Decided on: May-13-1910
Reported in: 7Ind.Cas.264
1. This appeal is concerned with a small piece of land which was formerly in the ownership and possession of the late Pandit Ganga Ram. The plaintiff, Musamniat Sunder Kuar, in the suit out of which this appeal has arisen, claimed to be entitled to the property in question. Her suit has been decreed by both the lower Courts in respect of portion of her claim, and the learned Judge of the Court before whom a second appeal was heard, dismissed the appeal. Hence this appeal under the Letters Patent has been preferred by the defendant, Pandit Baldeo Sahai, who claims to have established his right to the property. His claim is based upon the fact that a lease was executed by him on the 15th of April, 1906, in favour of Tirbeni Sahai and Raghu Nath Sahai for a term of 15 years at a rent of Rs. 6 per mensem. To this lease Musammat Sunder Kuar was a witness. Her thumb mark appears on the document and it has been established to the satisfaction of the lower appellate Court that not merely did s...
Sarwan Singh Vs. Ramsarup Singh and anr.
Court: Allahabad
Decided on: May-13-1910
Reported in: 6Ind.Cas.499
1. The plaintiffs came into Court asking for a declaration that they were entitled to, as tenants, one-half of certain holdings, instead of a-third share in them as recorded at the time of the settlement. The holdings originally belonged to the ancestor of both partners. One of the members of the family was named Raghunandan Singh who died in the year 1905. The plaintiffs allege that they with the defendants and Raghunandan Singh constituted a joint Hindu family, and that they and the defendants, being now the sole representatives of the family, were entitled to be recorded as tenants of the holdings in equal shares. The suit was defended among other grounds on the ground that the plaintiffs with the defendants and Raghunandan Singh did not form a joint Hindu family and that the defendants held adverse possession of the holdings, being recorded as in possession for several years.2. The Court of first instance decreed the suit. The lower appellate Court came to a different, conclusion u...
Mohammad Vilayat Ali Khan Vs. Mohamad Liyaqat Ali Khan and ors.
Court: Allahabad
Decided on: May-13-1910
Reported in: 6Ind.Cas.580
1. The finding of the lower Court on the issue referred is in favour of the respondents. It has held that Ghariboo as a tenant had a right by a custom prevailing in Jalalabad to transfer his right of residence on the site on which his shop stood. Objection has been taken to this finding that the evidence on the record is legally insufficient to establish the custom set up by the defendants. Excepting the bare proof of some sixteen transfers made by persons, who are not zemindars, there is no evidence to establish the custom set up. The defendants have contented themselves with simply proving the fact that these transfers were actually made. They have not attempted to show the circumstances under which they occurred, As the learned Chief Justice remarked in the Full Bench case of Ram Bilas v. Lal Bahadur 30 A. 311 : A.W.N. (1908) 112 : 5 A.L.J. 456 : 4 M.L.T. 169: We are not aware, however, of the circumstances of the case under which these sales took place. It may be that the landlord ...
Bachcha Paragwal and anr. Vs. Emperor
Court: Allahabad
Decided on: May-13-1910
Reported in: 6Ind.Cas.876
Richards, J.1. Bachcha Paragwal and Wadan Paragwal have been convicted under Section 500, Indian Penal Code, and fined Rs. 150 each. The complainant was one Sundar Lal. It appears that Sundar Lal had sent out an intimation that there would he a festival in which banner would be consecrated and Brahmins would be fed. On previous occasions Bachcha had been present and had received certain offerings from Sundar Lal. On the present occasion, as both the lower Courts find, the applicant Bachcha asked if ho was to act as theretofore and receive the offerings. Sundar Lal informed him that he had been advised to obtain the services of a more senior man and that Lachman Paragwal was to act. Therefor the applicants referred to Sunder Lal as a 'Kori Chamar'. The result was that no Paragwal, not even Lachman, attended. There can be no doubt that the Courts below were of opinion that the remarks which were made were made in consequence of the anger and annoyance caused by the employment of Lachman ...
GoshaIn Purshotama Nand Gir Vs. Musammat Lakhpatti
Court: Allahabad
Decided on: May-12-1910
Reported in: 7Ind.Cas.67
Banerji, J.1. The only question in this appeal is whether a judgment in a previous suit in which the parties to the present suit were co-defendants operates as res judicata. The plaintiff, Musammat Lakhpati, sold a house to one Ganpat. She claimed to have acquired it under a gift from one Damodar Pathak. Ganpat brought a suit against the defendant-appellant for possession of the house and to that suit Musammat Lakhpati was a party as defendant. The title of the plaintiff to that suit and necessarily the title of Musammat Lakhpati his vendor were disputed. The Court framed an issue to the effect whether the house belonged to Damodar Pathak and whether he had made a gift of it to Musammat Lakhpati. That issue was found in favour of the plaintiff and it was held that Damodar was the proprietor of the house and that he made a gift of it in favour of Musammat Lakhpati by an instrument dated the 5th February 1899 and put her in possession.2. The suit out of which this appeal has arisen was b...
Mahant Kirpalban Vs. Musammat Ram Dei
Court: Allahabad
Decided on: May-12-1910
Reported in: 7Ind.Cas.260
Karamat Husain, J.1. In the judicial proceedings before the learned Subordinate Judge of Moradabad, certain statements were made by the applicant, who had made another statement in mutation proceedings which was not on oath. On the ground of discrepancy between the two statements an application was made to the learned Subordinate Judge to grant sanction to prosecute the applicant for perjury. The application was rejected by the learned Subordinate Judge. On appeal to the learned District Judge the application was granted. The applicant has applied to this Court in revision and two pleas are raised before me. The first is that the Court below acted with material irregularity in granting sanction during the pendency of a regular appeal to this Court from the decree made by the Subordinate Judge in the proceedings out of which the application for sanction to prosecute arose. The second is that the Court acted with material irregularity in granting sanction based on a discrepancy between t...
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