Allahabad Court January 1912 Judgments
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Habib-ullah and ors. and and Nabi Bakhsh and ors. Vs. Abdul Hamid and ...
Court: Allahabad
Decided on: Jan-11-1912
Reported in: (1912)ILR34All261
Karamat Husain and Chamier, JJ.1. This appeal arises out of a suit by respondents 1, 2 and 3, for redemption of a mortgage made in the form of a zar-i-peshqi lease on February 12th, 1852, by one Muslima Bibi, in favour of the appellants and respondents 4 to 48 or their predecessors in title, The deed provided that the mortgagees should enter into possession and collect the rents and pay the Government revenue and defray collection charges &c.;, therefrom and retain the balance in lieu of interest. There was to be no accounting on either side and the mortgagors were to be entitled to redeem on payment of the principal sum Rs. 252. The case of the plaintiffs respondents was that the mortgage was subject to the provisions of Bengal Regulation XV of 1793; therefore, the mortgagees were not entitled to more than 12 per cent, per annum on the principal sum, notwithstanding the provisions of the deed, and that if an account were taken of profits received by the mortgagees, it would be found t...
Sheikh Habeebullah and ors. Vs. Sheikh Abdul Hamid and ors.
Court: Allahabad
Decided on: Jan-11-1912
Reported in: 13Ind.Cas.963
1. This appeal arises out of a suit by respondents Nos. 1, 2 and 3, for redemption of a mortgage made in the form of a zur-i-peshgi lease on February 12th, 1852, by one Muslima. Bibi, in favour of the appellants and respondents Nos. 4 to 48 or their predecessors-in-title. The deed provided that the mortgagees should enter into possession and collect the rents and pay the Government revenue and defray collection charges, &c;, there from, and retain the balance in lieu of interest. There was to be no accounting on either side and the mortgagors were to be entitled to redeem on payment of the principal sum Rs. 252. The case of the plaintiffs-respondents was that the mortgage was subject to the provisions of Bengal Regulation XV of 1793, therefore, the mortgagees were not entitled to more than 12 per cent, per annum on the principal sum notwithstanding the provisions of the deed, and that if an account were taken of profits received by the mortgagees, it would be found that the principal s...
Emperor Vs. Bansi and ors.
Court: Allahabad
Decided on: Jan-10-1912
Reported in: (1912)ILR34All210
Tudball, J.1. The applicants have been convicted by the Magistrate of an offence under Section 430 of the Indian Penal Code. They were sentenced to one year's rigorous imprisonment each. On appeal the Sessions Judge reduced the sentence to three months' rigorous imprisonment. In revision it is urged on their behalf that the convictions should be really under Section 70 of Act VIII of 1873, in the absence of evidence to show that any diminution of the supply of water for agricultural purposes was caused or likely to be caused by the act done by the applicants. The object of this application is really to secure a reduction of sentence. I have examined the record, and there is nothing in the evidence to show of what class the canal was, the bank of which was cut ; that is, whether it was the bank of a main canal or of a distributary. It is impossible in the absence of evidence on the point to hold that the act done was one which caused or was likely to cause a diminution of the supply of ...
Ram Chandra Das Vs. Farzand Ali Khan and ors.
Court: Allahabad
Decided on: Jan-10-1912
Reported in: (1912)ILR34All253
Richards, C.J. and Banerji, J.1. This appeal arises out of a suit brought by the plaintiff against the defendants to realize the amount of a mortgage bond, dated the 5th February, 1888. The bond was originally made in favour of Bansi Lal, the father of the plaintiff Sath Ram Chandra Das. The bond was apparently executed by the defendant, Rao Farzand Ali Khan, on behalf of himself and also on behalf of his mother. The merits of the case have not been gone into by the court below and the question involved in this appeal is the question whether or not the learned Subordinate Judge was right in holding that the bond in suit had not been duly registered, and accordingly could not be given in evidence by the plaintiff. The bond was, in fact, registered to this extent at least, that it was received in the Registration office and a certificate of registration is endorsed thereon, or rather certain endorsements appear upon the bond. From these endorsements it would appear that the bond was pres...
Ramchandra Das Vs. Rao Farzand Ali Khan and anr.
Court: Allahabad
Decided on: Jan-10-1912
Reported in: 13Ind.Cas.531
1. This appeal arises oat of a suit brought by the plaintiff against the defendants to realise the amount of a mortgage-bond dated the 5th of February 1888. The bond was originally made in favour of Bansi Lal, the father of the plaintiff Seth Ram Chandra Das. The bond was apparently executed by the defendant Rao Farzand Ali Khan on behalf of himself and also on behalf of his mother. The merits of the ease have not been gone into by the Court below and the question involved in this appeal is the question whether or not the learned Subordinate Judge was right in holding that the bond in suit had not been duly registered and accordingly could not be given in evidence by the plaintiff. The bond was in fact registered to this extent at least that it was received in the Registration Office and a certificate of registration is endorsed thereon, or rather certain endorsements appear upon the band. From these endorsements it would appear that the bond was presented for registration in the offic...
Bansi and ors. Vs. Emperor
Court: Allahabad
Decided on: Jan-10-1912
Reported in: 13Ind.Cas.829a
ORDERTudball, J.1. The applicants have been convicted by the Magistrate of an offence under Section 430 of the Indian Penal Code. They were sentenced to one year's rigorous imprisonment each. On appeal the Sessions Judge reduced the sentence to three months' rigorous imprisonment. In revision it is urged on their behalf that the convictions should be really under Section 70 of Act VIII of 1873, in the absence of evidence to show that any diminution of the supply of water for agricultural purposes was caused or likely to be caused by the act done by the applicants. The object of this application is really to secure a reduction of sentence. I have examined the record and there is nothing in the evidence to show of what class the canal was the bank of which was cut, that is, whether it was the bank of a main canal or of a distributory. It is impossible in the absence of evidence on the point to hold that the act done was one which caused or was likely to cause a diminution of the supply o...
Kanhaiya Lal Vs. Girdhari Lal
Court: Allahabad
Decided on: Jan-10-1912
Reported in: 13Ind.Cas.956
1. This was a suit for re-covery of money on a promissory note, dated the 2nd March 1907, for Rs. 2,000, made by the defendant, Kanhaya Lal, in favour of the plaintiff, Girdhari Lal's father. The suit was resisted on the ground that Kanhaya Lil was a minor at the date of the note. The Court below, reviewing the evidence adduced by the parties, came to the concluison that the oral and documentary evidence produced by Kanhaya Lal was not sufficient to establish that he was a minor on that date. But the burden of proving that the contract was a valid one and not void ah initio lay upon the plaintiff see Gaya Din v. Musammat Dulari 6 A.L.J. 693 : 2 Ind. Cas. 839. The Court below found that the plaintiff had not adduced any satisfactory evidence that the defendant, at the date of the making of the promissory-note, was of full age. The Court, however, finding that the defendant, Kanhaya Lal, had misrepresented his age to the plaintiff's father at the time he borrowed the money and made the p...
Raja Dei Vs. Umed Singh
Court: Allahabad
Decided on: Jan-08-1912
Reported in: (1912)ILR34All207
Chamier, J.1. Nagina Singh died many years ago, leaving a widow, Musammat Waziri, a daughter, Musammat Raja Dei, and a daughter's son, Kan. Singh. In June, 1909, Musammat 'Waziri, who was in possession of the estate of her- husband, made a gift of it to Kan Singh. The plaintiffs at once brought this suit for a declaration that the gift was not binding upon them. The plaintiffs other than the present respondent, Umed Singh, are more distantly related to Nagina Singh than Umed Singh is. The courts below have agreed in making a declaration as prayed in favour of Umed Singh. Kan Singh died while the suit was pending in the court of first instance. The appeal to the lower appellate court was filed by Musammat Raja Dei, and it is she who has filed this second appeal. In this Court it is contended that at the date of the institution of this suit, Umed Singh was not the nearest reversionary heir of Nagina Singh, and therefore the suit was not maintainable. Indeed, it is contended that even Kan...
Musammat Raja Dei Vs. Umed Singh
Court: Allahabad
Decided on: Jan-08-1912
Reported in: 13Ind.Cas.632
Chamier, J.1. Nagina Singh died many years ago leavinga window Musammat Waziri, a daughter Musammat Raja Dei and a daughter's son Kan Singh. In June 1909 Musammat Waziri, who was in possession of the estate of her husband, made a gift of it to Kan Singh. The plaintiffs at once brought this suit for a declaration that the gift was not binding upon them. The plaintiffs, other than the present respondentUmed Singh, are more distantly related to Nagina Singh than Umed Singh is. The Courts below have agreed in making a declaration as prayed in favour of Umed Singh. Kan Singh died while the suit was pending in the Court of first instance. The appeal to the lower Appellate Court was filed, by Musammat Raja Dei and it is she who has filed the second appeal. In this Court it is contended that at the date of the institution of the suit Umed Singh was not the nearest reversionary heir of Nagina Singh and, therefore, the suit was not maintainable. Indeed, it is contended that even Kan Singh, suppo...
Muhammad Ahmad Said Khan Vs. Muhammad Masihullah Khan
Court: Allahabad
Decided on: Jan-06-1912
Reported in: (1912)ILR34All250
Karamat Husain and Chamier, JJ.1. This appeal arises out of a suit brought by the appellant for an eight anna share of the profits of a mahal of which the defendant respondent is the lambardar. The owner of a six-anna share mortgaged it to one Muhammad Yusuf Khan, who sub-mortgaged it to Zohra Begam, who was herself the owner of a two anna share in the mahal. Zohra Begam gave the lease of the whole eight anna share to the appellant, and it is on the strength of that lease that the appellant in the present cas has claimed a share of profits as against the lambardar. One of the defences to the suit was that the lease was not in force during two of the three years in question. It appears that the mortgage was redeemed in August, 1906, that is to say, at the end of 1313 Fasli. It is contended that the lease must have come to an end when the mortgage was redeemed. The lower appellate Court accepted that argument and gave the appellant a decree for only a two anna share of the profits for th...
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