Allahabad Court June 1910 Judgments
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Rikhai Rai and anr. Vs. Sheopujan Singh and anr.
Court: Allahabad
Decided on: Jun-09-1910
Reported in: 7Ind.Cas.97
1. The suit in this case was brought by the plaintiff to recover possession of 60 bighas of sir land which were leased in perpetuity to the defendants by one Musammat Atrajo Kunwar, the mother of the defendant. The plaintiff, Musammat Sheo Kunwar, died during the pendency of the suit and thereupon the respondent Sheopujan Singh as the reversionary heir of Baldeo Rai, the last male owner, was placed upon the record in place of Musammat Sheo Kunwar. A decree in his favour was passed by the Court of first instance which was confirmed by the lower appellate Court.2. This second appeal has been preferred and the main ground of appeal is that the claim of Sheo Kunwar was personal and did not survive to the respondent, the reversionary heir. There appears to us to be no force in this contention. Prior to the passing of Act V of 1908, there are several authorities to be found on the point raised. In the case of Kattama Natchiar v. The Raja of Shivaganga 9 M.I.A. 543 : 2 W.R. (P.C.) 31 their Lo...
Tehria Balwant Singh and anr. Vs. Thakur Aman Singh
Court: Allahabad
Decided on: Jun-08-1910
Reported in: 7Ind.Cas.112
Chamier, J.1. This was a suit by the respondent for redemption of a mortgage made by his great-grandfather, Pirthi Singh, in favour of the appellants. The latter brought a suit upon the mortgage impleading as defendants his son and grandsons including Mulayam Singh the father of the respondent and they obtained a decree for sale in execution of which they purchased the property themselves. The respondent based the present suit on the allegations that he was born before the appellants instituted their suit, that they were aware of his existence, that they should have impleaded him as a defendant and as they failed to do so, his right to redeem the mortgage still subsists. The appellants contend that the respondent had no right to sue for redemption of the mortgage. The first Court dismissed the suit on the ground that it was barred by the proceedings in, and consequent upon, the suit upon the mortgage. The lower appellate Court reversed that decision and remanded the suit for trial on t...
Debi Saran Sahi Vs. Mahabir Singh and ors.
Court: Allahabad
Decided on: Jun-08-1910
Reported in: 7Ind.Cas.102
1. We agree with the Courts below that the plea of non-joinder of parties was not raised by the defendants at the earliest possible opportunity. If that plea had been raised at the time limited by the rules for the filing of the written statement, an opportunity would have been afforded to the plaintiffs of amending their claim by adding parties. But the defendants applied to the Court and got an extension of two months for the filing of their written statement and by this maneuver they precluded the plaintiffs from making an application to the Court for the addition of the parties within the period of limitation. Under such circumstances, it appears to be clear under the rules that the objection raised in the Courts below and here must be deemed to have been waived. We dismiss the appeal with costs including fees in this Court on the higher scale....
Bengal and North-western Railway Company Vs. Haji Mutsaddi and anr.
Court: Allahabad
Decided on: Jun-08-1910
Reported in: 7Ind.Cas.160
1. This appeal arises out of a suit for damages for short delivery of parcels of hide consigned by the plaintiffs to the defendant Company at a station on their line for carriage to Howrali, on the East Indian Railway. A risk-note was signed by the plaintiffs' servant in virtue of which the goods in question were conveyed at a lower rate. According to this note the Company is liable for the loss of one or more complete packages forming part of a consignment through the wilful neglect of the Railway administration, provided that the term 'wilful neglect' be not held to be fire, robbery from a running train or other unforeseen event or accident. Five of the packages which were consigned by the plaintiffs were not delivered at Howrah, and it is in respect of these packages that the suit was brought.2. Both the Courts below have decreed the plaintiffs' claim. The lower appellate Court in its judgment finds that the loss of the goods was due to the negligence of the Railway, that the waggon...
Musammat Parbati Vs. Maharaj Singh and anr.
Court: Allahabad
Decided on: Jun-08-1910
Reported in: 6Ind.Cas.795
1. This appeal appears to us to be concluded by a finding of fact of the lower appellate Court that Baldeo Prasad and Prem Narayan, along with Maharaj Singh, formed a joint Plindu family. This finding is based upon ample evidence and behind it we cannot go in second appeal. It is contended before us that the learned District Judge misapprehended the law and disregarded the decision of their Lordships of the Privy Council in thecaseof BaVi Bux v. Rukhmabai 30 C. 725 : I.A. 130 : 7 C.W.N. 642 : 5 Bom. L.R. 462 : 5 Bom. L.R. 462. Ganga Prasad, Durga Prasad and Pyari Lal, being the three sons of one Manni Prasad, formed a joint Hindu family. About 20 years ago, Durga Prasad separated from his brothers but the evidence shows that after this separation the two brothers Ganga Prasad and Pyari Lai remained joint; and that after them their sons, namely, Maharaj Singh, Baldeo Prasad and Prem Narain, remained joint. In the case which we have cited their Lordships of the Privy Council lay down the...
Shamsheryar Khan and anr. Vs. Babu Gopal Chand and anr.
Court: Allahabad
Decided on: Jun-07-1910
Reported in: 7Ind.Cas.11
1. This is an execution second appeal by the judgment-debtors, Shamsheryar Khan and Ismdar Khan.2. The facts are these:One Ram Chander Das on the 27th May 1895 obtained a decree under Section 88 of the Transfer of Property Act. The material portion of it is as follows:It is ordered that the plaintiff's claim, for recovery of Rs. 4,945-1-0 by enforcement of the hypothecation lien against and sale of the property, be decreed and that a decree be prepared in conformity with the terms of the compromise stating therein that the plaintiff shall not be competent to get the hypothecated property sold by auction without paying the debt due to Jwahir Bibi, if a decree is passed in her favour by the appellate Court. The plaintiff shall be competent to recover the amount of the decree from the principal judgment-debtors by gale of the property.3. On the 29th January 1897, the decree-holder applied for an order absolute; at the end of the application he stated that he would pay the prior mortgage o...
Dirg Singh Vs. Manbhar and ors.
Court: Allahabad
Decided on: Jun-07-1910
Reported in: 7Ind.Cas.69
1. The plaintiff-appellant in this Court is the assignee of a mortgage dated the 5th of March 1903. The defendants Nos. 1-3 are the original mortgagors. Defendant No. 4 is the original mortgagee. Plaintiff claimed to recover the mortgage money by sale of the mortgaged property and in the alternative asked that if the mortgage money could not be recovered from the mortgaged property, that a money decree be passed against the defendant No. 4, Manbhar The defendants-respondents Nos. 1-3 admitted the execution of the deed in suit but pleaded the want of consideration. The defendant No. 4 also put in a written statement in the Court of first instance. The suit was tried in a somewhat summary fashion by the Court of first instance. The sole issue in that Court was whether the bond in suit was executed for consideration. Not withstanding the fact that the execution of the bond was admitted, the Court of first instance held that as the plaintiff had failed to prove that the defendants Nos. 1-3...
Madho Ram Vs. Durga Prashad
Court: Allahabad
Decided on: Jun-07-1910
Reported in: 6Ind.Cas.793
1. This appeal arises out of a suit brought by intermediate endorsers of a hundi against earlier endorsers and the drawers of the hundi to recover the amount paid by them to the holder of the hundi. The Court of first instance dismissed the plaintiff's claim finding that the hundi was not presented for payment within a reasonable time and that notice of its dishonour was not given. It also held, in accordance with the ruling in Moti Lal v. Moti Lal 6 A. 78, that in a case of the kind the onus lies upon the plaintiffs to prove that the defendants could not suffer damage by reason of want of notice and that being so, the want of notice of dishonour was excused. It pointed out that in this ease the plaintiffs did not venture to allege, much less prove, that the defendants could not suffer damage by reason of the want of notice.2. Upon appeal all other questions appear to have been abandoned except the question as to whether the defendants suffered loss by reason of want of notice of disho...
Shah Chiranji Lal Vs. Kuer Kehri Singh
Court: Allahabad
Decided on: Jun-07-1910
Reported in: 6Ind.Cas.891a
1. The plaintiff in the suit, out of which this appeal has arisen, prayed for a declaration that the defendants were not entitled to any portion of a piece of land entered as holding No. 3 in the khewat of a village and also to have two decrees of the Revenue Courts, dated respectively the 19th of June 1905 and the 1st of September 1905, set aside and declared void, and for an order that the defendant No. 1 should be ordered to refund to the plaintiff two sums of money paid to him under and by virtue of the said decrees of the Revenue Court.2. The Court of first instance passed a decree in favour of the plaintiff in regard to the declaration as to title asked for but dismissed his claim in other respects.3. Upon appeal the lower appellate Court gave a decree to the plaintiff in the terms of his claim.4. This second appeal has been preferred and it is contended before us that the Civil Court has no jurisdiction to set aside decrees passed by the Revenue Courts under the powers conferred...
ishar Das and ors. Vs. Keshab Deo and ors.
Court: Allahabad
Decided on: Jun-06-1910
Reported in: 7Ind.Cas.68
1. The suit out of which this appeal arises was one for recovery of money due from a firm to which the defendants are said to belong. There were four defendants in the suit, one of whom, named Bhagwan Das, was a minor at the date of the suit. By order of the Court an official of the Court was appointed his guardian ad litem. Written statements were filed by the defendants other than Bhagwan Das. No appearance was entered on behalf of Bhagwan Das. The plaintiffs and the defendants other than Bhagwan Das applied to the Court to refer the matters in dispute to arbitration. An order of reference was accordingly made and an award was given by the arbitrator. Numerous objections were taken to that award in the Court of first instance. These objections, one of which was that the reference was invalid by reason of the fact that all the defendants had not joined in it, were overruled by the learned Munsif who passed a decree in accordance with the award. On appeal the learned District Judge hel...
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