Allahabad Court December 1915 Judgments
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Jasti Ganiraju, Minor, by His Father and Guardian Jasti Ramayya and or ...
Court: Allahabad
Decided on: Dec-20-1915
Reported in: 33Ind.Cas.128
1. The plea of the appellant in the Court below was that he did not sign the muchilika for Fasli 1318, on which the suit is brought. It is found by the District Judge that the defendant executed a muchilika in Fasli 1317 at the rate claimed in the plaint and that in the subsequent fasli a similar muchilika was executed by him. The defendant did not raise the question of want of consideration for the contract he entered into in Fasli 1318. It is therefore, unnecessary to decide in these appeals whether there was valid consideration for the muchilika or not. We must dismiss these second appeals with costs.Judgment in the Memoranda of Objections.2. The lower Appellate Court is wrong in fixing the Vakil's fee in each of the appeals at one rupee. Rule 33, Clause (c), of the Rules of the High Court, Appellate Side, fixes the minimum Vakil's fee in each appeal at Rs. 20. Consequently the lower Appellate Court had no power, if it gave costs in each case, to reduce that fee. The proper course t...
Ganeshi Lal and ors. Vs. Jagan Nath and anr.
Court: Allahabad
Decided on: Dec-16-1915
Reported in: AIR1916All100(2); 32Ind.Cas.171
1. This appeal arises out of a suit in which the plaintiffs claimed a declaration of their title to a 3/5ths share in certain property and joint possession over the same together with mesne profits. The Court below has granted the plaintiffs a decree subject to the paying of certain costs. The facts so far as they are material for the purposes of our judgment are practically admitted by both sides. There was a mortgage dated the 10th of April 1885; It was made in favour of five brothers, one of whom was Behari Lal. A suit was instituted upon foot of this mortgage in 1891 and a decree was obtained for Rs. 19,000 odd. The law as to the liability of heirs not made parties to mortgage suits was at that time not very clear. The result was that a suit was brought by some of the heirs of the original mortgagors to have 68 shares out of 144 shares exempted from the sale under the mortgage-decree on the ground that they had not been made parties to the suit. This suit was successful and 68 shar...
Musammat Ram Dei Vs. Musammat Kishen Dei and ors.
Court: Allahabad
Decided on: Dec-16-1915
Reported in: AIR1916All193; 32Ind.Cas.338
P.C. Banerjee, J.1. This appeal arises out of a suit brought by the appellant for possession of certain property which admittedly belonged to one Mahant Prabhuban. He was an ascetic of the class called Grihast Goshain, that is, a sect who had not renounced the world and held property. He married two wives, namely the plaintiff Musammat Ram Dei and the 1st defendant Musammat Kishan Dei and died leaving them surviving. Upon his death, which took place on the 8th of January 1906, the two widows took possession of the property. Before his death Prabhuban made two Wills, the last of which is dated the 22nd December 1905. There was some litigation in regard to his property after his death, but it is not necessary for the purpose of this case to refer to it. The plaintiff states in her plaint that she and the first defendant inherited the property of Prabhuban and were in possession. She further alleges that the first defendant Musammat Kishen Dei had become unchaste and was living with the s...
Jaspat Rai and anr. Vs. Devi Dayal and ors.
Court: Allahabad
Decided on: Dec-15-1915
Reported in: AIR1916All244; 32Ind.Cas.399
1. This appeal arises out of a suit on foot of a mortgage dated the 31st of January 1901. The mortgage is alleged to have been executed by one Jiwan Mal as special attorney of Diwan Duni Chand in favour of Tara Chand. The plaintiffs are the sons of Tara Chand and one Nihal Chand (a cousin), who claims to be interested in the mortgage as having belonged to the same family as Tara Chand. The defendants are the minor sons of Duni Chand. The Court below has granted a decree. The defendants have appealed. Three points have been taken: first, that the plaintiffs have failed to prove the loss of the special power-of-attorney in such a way as to justify the Court in receiving secondary evidence; secondly, that even if secondary evidence was admissible the evidence produced was insufficient to prove a power in Jiwan Mal of mortgaging property in suit, and thirdly, that the property being waqf neither Duni Chand nor his attorney Jiwan Mal were entitled to mortgage or-charge the property.2. Suffi...
Parbhu Dayal Vs. Makbul Ahmad and ors.
Court: Allahabad
Decided on: Dec-14-1915
Reported in: (1916)ILR39All163
Ameer, J.1. The facts on which the two suits that have given rise to the present appeals were brought in the court of the Subordinate Judge of Aligarh, are fully set out in the judgement of the High Court of Allahabad. It is sufficient, therefore to state shortly the circumstances which form the basis of the appellant Parbhu Dayal's claim. He was the plaintiff in one of the actions (24 of 1906), which was a suit for the redemption of a mortgage, whilst in the other (173 of 1906) he was joined as a defendant. Both suits, however, related to a village called Lodhamai. A half share of this property, in the nomenclature in vogue in this part of the country described as a 10 biswa share, belonged originally to one Ram Bakhsh. In the year 1863, Ram Bakhsh executed a usufructuary mortgage in respect of this share for a terra of eleven and a half years in favour of one Debi Das, since deceased. It may be noted 'here that just as 16 annas constitute the integral unit; in Bengal and other places...
Wasi-ul-zaman Khan Vs. Musammat Faiza Bibi
Court: Allahabad
Decided on: Dec-14-1915
Reported in: AIR1916All165; 32Ind.Cas.348
Tudball, J.1. This is an appeal from an order of remand and arises out of the following circumstances. The plaintiff respondent Faiza Bibi brought a suit against the defendant-appellant Wasi-ul-Zaman Khan, pleading that the latter had widened a certain ditch which existed between two plots owned by the parties at the expense of the plaintiff, that is, he had taken earth from her side of the ditch and thus reduced the area of her plot and damaged her trees. The suit was contested by the defendant. For the proper conduct of the suit the plaintiff executed a special power-of-attorney in favour of her husband. She gave him full powers to conduct the case as, he should deem fit and in the deed she also set out that he had power to compromise the suit, to withdraw the suit, to refer the point in dispute to arbitration, to nominate and appoint arbitrators, and concluded by saying that every step that he might take in the conduct of the case was to be considered as having been taken by her her...
Baldeo Pande Vs. Muhammad Ali and anr.
Court: Allahabad
Decided on: Dec-13-1915
Reported in: (1916)ILR39All148
Tudball and Walsh, JJ.1. This is the defendants' appeal arising out of a suit for redemption. The mortgage-deed is dated Miti Asadh Badi 7th, Sambat 1918, corresponding with the 29th of June, 1861. It was for a term of five years certain and it was an agriculturist's mortgage, in which the parties laid down a condition that the right to redeem should he exercised only in the month of Jeth of any year. The courts below have decreed the suit. The defendants raised a plea that the plaintiff had made no payment or offer of payment before bringing his suit. The plaintiff in paragraph 5 of the plaint stated that on the 18th of June, 1913, he had expressed his readiness to redeem the property and offered to pay the mortgage money to the defendants, but the Litter declined to allow redemption. In paragraph 6 of the plaint he stated that the cause of action had 'accrued to him on the 18th of June, 1913, the date of the mortgagee's refusal. The courts below have found as a fact that the plaintif...
Muhammad Ibrahim Vs. Emperor
Court: Allahabad
Decided on: Dec-13-1915
Reported in: AIR1916All86; 32Ind.Cas.153
George Knox, J.1. Muhammad Ibrahim, who appears to be some kind of a merchant in metals in the Cawnpore bazar, has been convicted of an offence under Section 411, Indian Penal Code, and sentenced to two years' rigorous imprisonment. The finding of the Magistrate who tried the case is that Muhammad Ibrahim knew or had reason to believe that the material called copper cloth was stolen property. Muhammad Ibrahim was tried along with one Ram Narain who also appears to be a second hand dealer in metals and other such materials in the Cawnpore bazar. The property stolen is described as 8 pieces of very fine copper netting known as copper cloth used for the lining of tube wells. There appears to be no room for doubt that this copper cloth was stolen from the Generalganj Station on the 20th or 21st June of the present year. It had been put in a waggon and brought to the Generalganj Will siding on the 20th of June. On the 21st of Juno it disappeared. The finding of both the Courts below is that...
Jai Kishan Joshi Vs. Budhanand Joshi and anr.
Court: Allahabad
Decided on: Dec-11-1915
Reported in: (1916)ILR39All138
Tudball, J.1. This is a reference by the Local Government under Rule 17 of the rules and orders relating to the Kumaun division, 1894.2. One Debi Dat Joshi had four sons (1) Krishna Nand, (2) Yangya Dat, (3) Narotam, (4) Jai Dat, defendant No. 2. The first is dead and his son Chandramani has also died without issue.3. The plaintiff, Jai Krishna, is the son of the second son. The third has died without issue. Jai Dat, defendant 2, is the fourth.4. The property now in suit is part of the family property. On the 13th of August, 1860, Dobi Dat Joshi gave a usufructuary mortgage of thin and other property to one Dobi Dat Panth for a sum of over Rs. 400.5. After the former's death, the defendant Jai Dat repaid Rs. 100 out of the mortgage debt to the mortgagee, who thereupon released to him the property now in suit. Jai Dat, to obtain this sum, made a similar mortgage of this same property for the sum of Rs. 100 in favour of Jai Krishna Joshi (deceased), father of defendant No. 1, Buddhi Ball...
Anand Sarup Vs. Chawwa
Court: Allahabad
Decided on: Dec-11-1915
Reported in: AIR1916All241; 34Ind.Cas.952
1. This appeal arises out of a suit in which the plaintiff claimed possession of a certain plot in an enclosure situated in the town of Meerut. The plaintiff's title was an auction-purchase in a decree against one Ala Ullah. The defendant pleaded that he was in adverse possession of the property in dispute. The first Court decreed the plaintiff's claim. The lower Appellate Court reversed the decree of the Court of 6rst instance and dismissed the plaintiff's suit. It appears that previously the plaintiff had brought a suit against this very same defendant alleging him to be a tenant who had refused to pay his rent, the rent being the monthly sum of Re. 1. That suit was dismissed, the Court holding that an old tenancy had subsisted and that the plaintiff had failed to prove a new tenancy at the rate of Re. 1 per month. The plaintiff then brought the present suit.2. Both the Courts below have found, and we think rightly found, that the defendant and his predecessors were not in adverse po...
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