Allahabad Court October 1914 Judgments
Girraj Singh Vs. Ram Singh and Himanchal Singh
Court: Allahabad
Decided on: Oct-24-1914
Reported in: (1915)ILR37All41
Henry Richards, C.J. and Pramada Charan Banerji, J.1. This appeal arises out of a suit in which the plaintiff sought a declaration that a certain lease and kabuliat were not binding upon him on the ground that they had been granted by a karinda who had no authority. The material facts are as follows : The plaintiff sued in the first instance in the Revenue Court to eject the defendant appellant. The allegation was that the defendant was a non-occupancy tenant from year to year. The defendant set up the lease and kabuliat. The plaintiff replied that the lease was given without authority. The Revenue Court went into the matter and decided that there was authority to create the tenancy and accordingly dismissed the plaintiffs suit. Thereupon the plaintiff instituted the present suit, claiming the relief we have already mentioned. It is argued on behalf of the plaintiff that the present suit could not have been brought in the Revenue Court and that therefore the matter cannot be said to be...
Tag this Judgment!imtiaz-un-nissa Bibi Vs. Masih-un-din
Court: Allahabad
Decided on: Oct-22-1914
Reported in: (1915)ILR37All40
Henry Richard, C.J. and Pramada Charan Banerji, J.1. This appeal is connected with First Appeal No. 104 of 1912 in which we have just now delivered judgement. The facts are stated in out judgement in the connected, appeal, and the only difference between the cases is that a plea of limitation has been taken in the present case. It is contended on behalf of the defendant that the suit is barred by article 62 of the first schedule to the Limitation Act in so far as the case relates to a claim against him for money realized by him. In our opinion under the circumstances of the present case the plaintiff was only entitled to recover under the form of action known as a claim for ' money had and received by the defendant for the use of the plaintiff.'' The last item realized by the defendant was realized as far back as the year 1908. The present suit was not instituted until February, 1912, that is to say more than three years after the latest item was received. In our opinion the suit is ba...
Tag this Judgment!Emperor Vs. Brijnandan Prasad and ors.
Court: Allahabad
Decided on: Oct-14-1914
Reported in: (1915)ILR37All33
Piggott, J.1. This is an application in revision against an order passed by the learned District Magistrate of Bijnor, directing the twelve applicants to furnish security for keeping the peace under Section 107 of the Code of Criminal Procedure. One of the original applicants has since died and the petition has been prosecuted on behalf of the remaining eleven. I may add that the District Magistrate's immediate object in taking the proceedings resulting in the present order was to provide for the preservation of the public peace in the town of Najibabad during the last Dasehra festival. This has now passed off quietly, and from one point of view it might be said that, even though the period for which the applicants were required to furnish security has not yet expired, it has ceased to be a matter of serious importance whether the Magistrate's order is now affirmed by this Court or set aside. The question, however, is one of some public importance, and, if I may judge from the account ...
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