Allahabad Court February 1916 Judgments
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Hira Lal Vs. Maharaj Singh
Court: Allahabad
Decided on: Feb-01-1916
Reported in: 35Ind.Cas.105
1. This appeal, along with Nos. 157, 158 and 159, registered and filed to this Court as first appeals from order, arise out of certain litigation in the Revenue Courts. The suit was by a landholder against a person in possession of-land held rent free and the principal relief sought was an order for resumption of the same. The Assistant Collector dismissed the suit, but incidentally came to a finding that the defendant was holding the land in suit rent free under a judicial decision and was, therefore, not liable to pay the revenue assessed thereon. Apparently the Assistant Collector found it necessary to determine this further point, after he had held that the land was not liable to resumption, because of the alternative prayer at the end of the plaint for any other relief which might be deemed beneficial to the plaintiff in the Court's opinion. The plaintiff appealed to the District Judge, who agreed with the Assistant Collector that the land was not liable to resumption. He differed...
Baij Nath Vs. Syed Wali Hasan and ors.
Court: Allahabad
Decided on: Feb-01-1916
Reported in: AIR1916All826(2); 32Ind.Cas.936
1. The question for determination is whether the appellant before us, who was appellant in the Court below, should be permitted to have his appeal to the lower Appellate Court re-admitted and decided on the merits, or whether the order refusing to re-admit his appeal which has been passed by the learned District Judge should be allowed to stand. The appeal in the Court below was set down for hearing on February 16th, 1915. It was postponed because the pressure of work was too great to admit of the Courts disposing of the day's list. An order was passed that the appeal should again be put up for hearing on February 17th, 1915. There is nothing on the record before us to show that this order was communicated to any of the parties concerned, or their legal representatives. There is an affidavit by the defendant himself to the effect that no intimation of the next date of hearing was given. On February 20th, 1915, the appellant presented an application to the Court below, supported by this...
Durga Baksh Singh and ors. Vs. Fateh Bahadur Singh
Court: Allahabad
Decided on: Feb-01-1916
Reported in: AIR1916All65; 33Ind.Cas.30
Walsh, J.1. In this case I have no doubt in my own mind as to what is the proper course for this Court to take. It is an application for revision of an order of the Court below, dated the 22nd December 1914, passing a decree in the terms of a certain award under paragraph 16 of the 2nd Schedule to the Code of Civil Procedure. To an award of this kind the law has given, for reasons which may be good or bad but which do not concern us, a right to either party to object. The award was filed in this particular case after some further time had been given on the 11th of December 1614. Notice was then given to the Vakil for the applicant that objections could be filed within ten days (the usual time) and that hearing of the objections would take place on the following day after the expiration of the ten days, that is, on the 22nd of December. That in my opinion gave the party a right) if he saw fit, to object to the award on any of the grounds under paragraph 15 of the 2nd Schedule. He did in...
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