Allahabad Court April 1912 Judgments
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Lalijan Vs. Mahomed Shafi Khan
Court: Allahabad
Decided on: Apr-26-1912
Reported in: 16Ind.Cas.105
1. Musammat Tamanna Begam executed a tamliknama, whereby she made one-third of certain property waqf and pro-vided as follows with regard to the remaining two-thirds:My son, Naki Khan, will remain owner (malik) of the remaining two-thirds and of the said two-thirds, Naki Khan will remain fall and absolute owner of one-third (malik kamil o katai), and he shall have the powers of an owner with respect to it, and Naki Khan will be owner (malik) of the other third also, and his name will be entered in the khewat, but the income of it is given for the maintenance of my minor grandson, Muhammad Shaft Khan, son of Muhammad Taqi Khan, deceased. According to law, Naki Khan is guardian of Shaft Khan, he must give the income of that one-third for the maintenance of the minor and Naki Khan will not have the power of transfer over that one-third during the life of the minor.2. Soon after, Naki Khan sold the whole two-thirds of the property to the respondent, Lalijau, who is said to be a prostitute....
Mahendra Misra and ors. Vs. Kedar Pande and anr.
Court: Allahabad
Decided on: Apr-25-1912
Reported in: 14Ind.Cas.746
Chamier, J.1. Bidya Misra, who was the first defendant in this suit, was in possession of a fixed-rate holding and an occupancy-holding. He presented an application to the Revenue Court, stating that the second defendant, his daughter, and the plaintiff, her son, were in joint possession of the holding with him and praying that their names might be entered in the record along with his. The defendants Nos. 3 to 5, who are collateral relatives of Bidya. Misra, put in objections with the result that a compromise was arrived at between Bidya Misra, his daughter and the defendants Nos. 3 to 5. In the petition presented to the Revenue Court setting out the compromise, it is stated that the defendants Nos. 3 to 5 are in joint possession with Bidya Misra and not the plaintiff, and that the plaintiff and the second defendant are not in joint possession with him. Two months later, the present suit was instituted for a declaration that the plaintiff is the daughter's son of Bidya Misra and that t...
Qadir Bakhsh and ors. Vs. Prag NaraIn and ors.
Court: Allahabad
Decided on: Apr-25-1912
Reported in: 14Ind.Cas.747
Chamier, J.1. These three appeals arise out of a suit brought by the respondents for the ejectment of the appellants from a plot of land in the city of Agra. The case stated in the plaint was that the six defendants were tenants of the land paying three annas a month as rent, that for five years preceding the suit the defendants had paid no rant, though they had been repeatedly required to do so, and that they had forfeited their lease by non-payment of the rent. There were other allegations regarding constructions on the land, with which we are not now concerned. The defendants filed their written statement in Jun9 1910. In September 1910, the plaintiffs applied to the Court for permission to amend their plaint by inserting in it an allegation that two of the defendants had denied the plaintiff's title to the land. The plaint was amended and the defendants were given an opportunity of filing a fresh written statement. They then denied that they had forfeited their lease either by non-...
Rashid-un-nissa Vs. Muhammad Ismail Khan and anr.
Court: Allahabad
Decided on: Apr-24-1912
Reported in: (1912)ILR34All474
Henry Richards, C.J. and Banerji and Chamier, JJ.1. The suit out of which this appeal has arisen, was brought to enforce a mortgage of the 31st of January, 1882, executed by one Sardar Khan in favour of one Achhal Das, under the following circumstances. The property comprised in the mortgage was 3 biswas out of 10 biswas. Sardar Khan died in 1888, leaving him surviving two daughters, a brother and an illegitimate son. The appellant Rashid-un-nissa, is one of those daughters. The mortgage of the 31st of January, 1882, was assigned by Achhal Das, the mortgagee, to the plaintiffs and their brothers, who were the sons of Mauladad Khan, the brother of Sardar Khan. The plaintiffs, in 1894, along with their brothers, brought a suit upon their mortgage, against the two daughters of Sardar Khan and against Abdul Majid, his illegitimate son, and they obtained a decree on the 28th of August, 1894. In 1897, Rashid-un-nissa brought a suit to have this decree set aside. We may mention that before th...
Rashid-un-nissa Vs. Muhammad Ismail Khan and ors.
Court: Allahabad
Decided on: Apr-24-1912
Reported in: 16Ind.Cas.85
Banerji, J.1. The suit out of which this appeal has arisen was brought to enforce a mortgage of the 31st of January 1888, executed by one Sardar Khan, in favour of one Achhal Das, under the following circumstances. The property comprised in the mortgage was 3 biswas out of 10 biswas. Sardar Khan died in 1888, leaving him surviving, two daughters, a brother and an illegitimate son. The appellant, Rashid-un-nissa, is one of those daughters. The mortgage of the 31st of January 1882 was assigned by Achhal Das the mortgagee, to the plaintiffs and their brothers who were the sons of Mauladad Khan, the brother of Sardar Khan. The plaintiffs, in 1894, along with their brothers, brought a suit upon their mortgage against the two daughters of Sardar Khan and against Abdul Majid, his illegitimate son, and they obtained a decree on the 28th of August 1894. In 1897, Rashid-un nissa brought a suit to have this decree set aside. We may mention that before the suit of 1894 was brought, an arbitration ...
Dharam Kunwar Vs. Balwant Singh
Court: Allahabad
Decided on: Apr-23-1912
Reported in: (1912)ILR34All398
Robson, J.1. The appellant is the widow of one Raja Raghubir Singh, and she sued the defendant in the Court of the Subordinate Judge of Saharanpur to obtain a declaration that she had not adopted him as a son to her deceased husband, and that if, in fact, any ceremony of adoption had been performed, it was invalid, owing to the absence of authority on her part from her husband to make such adoption. She further prayed that a document purporting to be a deed of adoption, dated the 13th of January, 1899, should be declared void as being executed by her without such authority as aforesaid.2. The Subordinate Judge dismissed the suit with costs and the High Court of Allahabad confirmed his decree.3. Raja Raghubir Singh was the owner of the extensive Landhaura estate or raj in the district of Saharanpur, in the United Provinces. He died on the 23rd of April, 1868, at the age of 20 years, leaving the appellant, the Rani, his widow and sole heir. She was then only 14 years old, and enceinte. R...
Jodha Singh and ors. Vs. Emperor
Court: Allahabad
Decided on: Apr-23-1912
Reported in: 14Ind.Cas.762
ORDERKaramat Husain, J.1. All the applicants with the exception of Kallu Singh were the tenants of the complainant, Sultau Singh. They were ejected from their holding and formal possession was given to the complainant on the 16th of May 1911. The ejectment was to take effect under the provisions of Section 73 Clause (1) of the Agra Tenancy Act on the 1st of July 1911. Under Section 74 of the same, Act the tenants had a right to use the land for the purpose of growing crops. Taking advantage of those provisions they sowed Indian corn and chari. Saltan Singh, under Section 75 Clause (1) of the Tenancy Act, had an option to purchase the same but he had to tender the price of the same to the tenants forthwith under Section 75(2). The right of the tenants to such crops and to use the land for the purpose of tending, gathering and removing the same did not, therefore, cease. The complainant did not comply with the provisions of Section 75 (1) and went to the Court of the Tahsildar for the se...
Azmat Ali and anr. Vs. Sitla Bux Pal and ors.
Court: Allahabad
Decided on: Apr-22-1912
Reported in: 16Ind.Cas.108
1. On the 16th of February 1892, one Adya Bakhsh Pal mortgaged a 5-antia 4-pies share in the village Sanahan, District Basti, to Sultan Khan, to secure a sum of Rs. 499, carrying compound interest with yearly rests at the rate of one per cent. per mensem. On Sultan Khan's death, Shanker Khan and Dhaukal Khan, his sons, sold the mortgagee rights to the plaintiffs under a sale-deed, dated the 2nd of April 1909. It was registered by the Sub-Registrar of Fyzabad and, in order to give him jurisdiction, a false recital in the deed was made. It was to the effect that the mortgage of the 16th of February 1892, comprised one biswa in the village Rampur, District Fyzabad, which it did not do. The plaintiffs obtained a Succession Certificate and sued for sale on the mortgage. It was urged in defence that the recital relating to the mortgage of one biswa in Rampur was false, that the mortgage-deed and, therefore, the sale-deed covered no such property, that the Sub-Registrar of Fyzabad had no juri...
Debi Prasad Vs. O.M. Chiene
Court: Allahabad
Decided on: Apr-19-1912
Reported in: 16Ind.Cas.84
Chamier, J.1. The only question in this appeal is whether a sum of Rs. 233-13 was, within the meaning of Section 34 of the Provincial Insolvency Act, 'realized in the course of the execution' of a decree before the date of the order of adjudication. The Court below has held that it was realized after the order of adjudication and must, therefore, be distributed between the creditors and should not be paid over to the appellant in execution of whose decree the money was realized. The insolvent is a Government servent, named Grant, and the sum in question represents half his pay for the month of July 1911. Grant was at the time in Naini Tal and drew his pay from the Treasury there. An order attaching half his pay had been issued in the usual way and had been passed on to the Treasury Officer at Naini Tal. The order of adjudication was passed on the 21st of August 1911. Grant drew half of his pay before that date, but the other half did not reach the Court of the Subordinate Judge of Alla...
Darshan Das and anr. Vs. Mahant Puran Atal
Court: Allahabad
Decided on: Apr-18-1912
Reported in: (1912)ILR34All468
Henry Richards, C.J. and Banerji, J.1. This appeal arises out of a suit purporting to be brought under Section 539 of Act No. XIV of 1882. The plaintiffs allege that there was a charitable trust for public purposes ; that they were interested in that trust ; that the defendant, Puran Atal, had for some time been a mahant and gaddi-nashin of the trust ; that he had been deposed as being unfit for the office and the plaintiff, Darshan Das, had been duly installed in his place, and that the defendant, Puran Atal, had retaken possession of the trust property. Various reliefs of the nature provided for by Section 539 were then prayed for.2. The first question which arose was whether or not sanction had been given according to the provisions of Section 539. The court held in favour of the plaintiffs and that question has not been argued here.3. The next question, which is the most important question in the case, was the question whether or not a public charity existed within the meaning of S...
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