Allahabad Court April 1914 Judgments
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Muhammad Inam-ul-lah Khan Vs. NaraIn Das
Court: Allahabad
Decided on: Apr-21-1914
Reported in: 29Ind.Cas.601
1. This appeal arises out of an order passed in the course of proceedings taken to execute a decree dated November 23rd, 1911. It appears that in August 1901, the appellant mortgaged to the respondent his right to receive what are described as taluqdari malikana dues from a number of villages. A decree nisi for sale of the property was passed in favour of the respondent on November 23rd, 1911. There was an appeal to this Court which was dismissed in April 1913, and an order absolute for sale of the property was passed on February 10th, 1914. In March of the same year the respondent applied for sale of the property. Notice was issued to the appellant who put forward objections. Those objections were ultimately dismissed and an order was made that the property should be sold. On July 10th, 1914, the respondent applied to the Court to issue an injunction to the appellant restraining him from receiving the malikana dues. At first sight it seems to be an application under Order XXXIX, Rule ...
Sham Lal and ors. Vs. W.K. Porter, Official Liquidator of Shri Baldeo ...
Court: Allahabad
Decided on: Apr-21-1914
Reported in: AIR1914All216(2); 24Ind.Cas.53
1. The dispute in this appeal haw arisen out of the proceedings in the winding up of a Company known as Shri Baldeo Mills Limited of Hathras. The said Company was indebted to Sham Lai and Ors., the appellants in the present case, to the extent of about two lakhs of rupees on the basis of promissory notes. The appellants brought - a suit on the 9th of October 1909 in the Court of the Subordinate Judge of Aligarh for the recovery of the money due on the, said pro-notes. During the pendency of the suit on the 5th of February 1910 Babu Hari Das, Pleader for .the defendant Mills, filed a petition under Order XXIII, Rule 3, Civil Procedure Code, in the Court of the Subordinate Judge stating that the parties had come to terms, and that the compromise was embodied in a registered deed dated the 16th of November 1909, which was produced in Court. A week after, on the 12th of February 1910, the Pleader for the appellants filed a counter-petition saying that no compromise had been entered into by...
Ram Ratan and ors. Vs. Subhan and ors.
Court: Allahabad
Decided on: Apr-21-1914
Reported in: AIR1914All419; 24Ind.Cas.93a
P.C. Banerji, J.1. This appeal arises out of a suit brought by the plaintiffs on the basis of a mortgage, dated the 24th of October 1878, executed by three-brothers, viz., Subhan, Ramzani and Shah Muhammad, in favour of Tekchand and his son Khewani deceased. Tekchand had three other sons, viz., Rup Chand, Loka and Ghasi. The plaintiffs are the sons and grandsons of Ghasi and are the surviving members of the family. The defendants are Subhan, the mortgagor, and the legal representatives of the other two mortgagors, and two other persons who are subsequent transferees of the mortgaged property. In the year 1890 Rup Chand alone brought a suit to enforce this mortgage. In that suit a compromise was arrived at and a petition was tiled in Court asking the Court to make a decree in accordance with the terms of the compromise. The Court, however, dismissed the suit on the ground that Rup Chand had not obtained a succession certificate. In this the Court was clearly wrong because it has been he...
Chiraunji Lal Vs. Kallo and ors.
Court: Allahabad
Decided on: Apr-20-1914
Reported in: AIR1914All309; 25Ind.Cas.412
P.C. Banerji, J.1. This was a suit to eject the defendants from certain houses which the plaintiff claimed to be his property and in regard to which he alleged - that the defendants were his tenants but had denied his title. The defendants stated that the property did not belong to the plaintiff, that they were never the tenants of the plaintiff. In support of his claim the plaintiff produced a kirayanama, i.e., an agreement to pay rent, dated the 29th July 1881. This document was produced along with the plaint. The suit was finally fixed for hearing on the 15th of June 1911, the previous date fixed for hearing being the 8th of May 1911, but it was dismissed for default of appearance. On that date the document was not 30 years old. The suit was restored but was again dismissed for default of appearance. This dismissal was subsequently set aside and the case was heard on the merits. The plaintiff examined witnesses to prove the document. The Court of first instance apparently did not be...
Muhammad Abdul Hamid Vs. Hedayetunnissa Bibi and ors.
Court: Allahabad
Decided on: Apr-18-1914
Reported in: AIR1914All414; 25Ind.Cas.284
Tudball, J.1. This appeal arises out of a suit brought by the plaintiffs-respondents to recover a certain sum of money charged upon certain properties. The appellant-defendant is a person who is the owner of three of the various properties against which the plaintiffs have sued. These properties are in the villages Godhna, Kursand and Gaddupur. In respect to Kursand and Gaddupur the defendant-appellant pleaded that they were not liable to the charge. The Court of first instance decreed the suit. The defendant appealed and the lower Appellate Court dismissed the appeal holding that the point in issue is res judicata.2. The sole point for decision in the present appeal is whether or set this point is res judicata. The charge is a recurring charge and the present suit is to recover what has fallen due from December 31st, 1903 to June 30th, 1907. Prior to the present suit in the year 1904 a similar suit was brought by the plaintiffs to recover the charge as against the present defendant an...
Bharosa Vs. Emperor
Court: Allahabad
Decided on: Apr-17-1914
Reported in: AIR1914All194; 25Ind.Cas.351
Tudball, J.1. This is an application in revision in a case under Act XIII of 1859. The applicant was ordered by a Magistrate to refund the sum of Rs. 339-10-0 advanced to him and when he failed to pay, he directed him to be imprisoned for two months. This order was slightly modified by the Sessions Judge who reduced the sum from Rs. 339-10-0 to Rs. 239-10-0. The first contention on behalf of the applicant is that the case is one which does not fall within the purview of the Act. After an examination of the contract made between the parties and the evidence in the case I have no hesitation in holding that the applicant is a labourer within the meaning of the Act. It is not a case of a contract to supply bricks, but a case of a contract to do some work by one who is a workman earning his living by laying and burning bricks.2. The next contention was that as the period of time within which he was to perform the contract had elapsed no order under the Act could be passed in regard to payme...
Khan Chand Vs. Musammat Chandun and ors.
Court: Allahabad
Decided on: Apr-17-1914
Reported in: AIR1914All202(2); 24Ind.Cas.81
Piggott, J.1. The plaintiff in this case is the zemindar of a certain village and the defendants cultivating tenants residing in the same village. The suit was brought on the allegation that the defendants had cut down eight trees standing on their holding which was the property of the plaintiff. The latter accordingly claimed damages in respect of the said trees, and asked also for a declaration that a number of trees standing on a certain specified plot in possession of the defendants are the property of the plaintiff, and for the issue of a perpetual injunction against the defendants to prevent them from cutting down or in any way appropriating the same. The lower Appellate Court found that the trees alleged to have been cut down by the defendants stood in an old garden or orchard along with a number of fruit-bearing and other trees. He has found that this orchard was planted many years ago by the ancestor of the defendants. He has held the property in the trees to vest in the defen...
Mukhram Singh Vs. Kota
Court: Allahabad
Decided on: Apr-16-1914
Reported in: 24Ind.Cas.22
Piggott, J.1. This is an appeal by the plaintiff in a suit for ejectment. The defendant is occupying a house, situated on land which admittedly belongs to the plaintiff, as zemindar of one of the two mahals in the village Amka. The plaintiff's case was that the defendant had entered into occupation of this house by his permission some seven or eight years before the date of suit and that his possession was always that of a licensee under a license liable to revocation at any moment. The suit for ejectment was brought on the allegation that such license had been revoked. The lower Appellate Court has found that the plaintiff has failed to prove the principal allegations of fact on which his claim is based. The judgment of the learned District Judge is not very happily worded and is marred by what seems to me an obvious slip of the pen. He writes, that the defendant has been occupying the house as a (sic) for more than twelve years and not only as a licensee, and that he cannot be ejecte...
Bindhaohal Prasad Rai Vs. Lal Bihari Rai and ors.
Court: Allahabad
Decided on: Apr-15-1914
Reported in: AIR1914All870(2); (1914)ILR36All382
Piggott, J.1. In view of the definition of the word ' offence ' in the Code of Criminal Procedure it is clear that a person in respect of whom information has been laid before a Magistrate to the effect that he is likely to commit a breach of the peace, or is otherwise liable to the provisions of Section 107 of the Code, is not a person accused of any offence. An order for payment of compensation cannot be made against a man who has petitioned a Magistrate to take action under Section 107 of the Code. The objection is one which should have been taken before the Magist' rate when the petitioner, Bindhachal Prasad, was called upon to show cause why the order Under Section 250 should not be made against him; but the order complained of being in my opinion illegal I cannot allow it to stand now that it has come before me in revision. I set aside the order directing Bindhachal Prasad to pay compensation to each of the four persons in respect of whom proceedings under Section 107 of the Code...
Ahsan-ullah Khan Vs. Mansukh Ram
Court: Allahabad
Decided on: Apr-15-1914
Reported in: (1914)ILR36All403
Piggott, J.1. I have before me a aeries of connected applications by one Ahsan-ullah Khan, arising out of the following circumstances. Mansukh Ram brought a criminal charge against Ahsan-ullah Khan and others, alleging the commission by them, of offences punishable under Sections 427 and 147 of the Indian Penal Code. After a very careful trial the accused persons were acquitted. Some two months after the order of acquittal, Ahsan-ullah Khan presented to the court of the trying magistrate a series of applications asking for sanction to prosecute Mansukh Ram and his principal witnesses for the offence of giving false evidence punishable under Section 193 of the Indian Penal Code. In connection with the said prosecution the magistrate found that one of Mansukh Ram's witnesses had made a statement in support of which he produced a certain document, and that an examination of that document affords strong reasons for supposing that the statement made by him was false. He sanctioned the prose...
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