Allahabad Court April 1916 Judgments
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Baldeo Pershad Vs. NaraIn Halwai
Court: Allahabad
Decided on: Apr-20-1916
Reported in: 34Ind.Cas.123
P.C. Banerji, J.1. The only question in this appeal is whether the plaintiff's claim in respect of the southern section of the house in dispute is barred by the rule of res judicata. The plaintiff's allegation is that a house consisting of two sections belonged to one Paharu; that the northern section had been purchased by him and the southern section had been built by him; that the house passed from Paharu to Musammat Kachani and was occupied by the defendant as tenant upon agreement to pay rent at the rate of Its. 17 per annum. Musammat Kachani is said to have made a gift of the house in the plaintiff's favour. The plaintiff issued notice to the defendant to vacate the house and he now seeks to eject him from it. It appear that Musammat Kachani made a usufructuary mortgage of the property in favour of one Debi Prasad. Debi Prasad brought a suit for arrears of rent against the present defendant. Musammat Kachani was added as a plaintiff to that suit. The defence was that the house did...
Gauri Datt Basdeo and ors. Vs. Nanik Ram Chauthmal
Court: Allahabad
Decided on: Apr-19-1916
Reported in: AIR1917All438; 35Ind.Cas.203
P.C. Banerji, J.1. The facts of the case are these. On the 2nd of February 1915 the parties entered into a contract by which the defendant undertook to deliver to the plaintiffs 69 maunds 30 seers of sugar at the rate of Rs. 13-4-0 per maund; no time was fixed for delivery. The plaintiff stated that the defendant from time to time promised to deliver the sugar but never did so; that in May 1915 the plaintiff gave notice to the defendant that unless the sugar was delivered by the 17th of May 1915 the contract would be deemed cancelled. The sugar not having been delivered, the plaintiff brought this suit for damages claiming the damages at the difference between the contract rate and the rate prevailing on the 17th May 1915. On that date the market rate was stated to be Rs. 17-4-0; The plaintiff accordingly claimed damages at the rate of RB. 4 per maund. The defendant admitted the breach to contract alleged by the plaintiff, but stated that the parties had agreed that damages would be gi...
Pakaria Vs. Ranjita and ors.
Court: Allahabad
Decided on: Apr-19-1916
Reported in: 34Ind.Cas.165
Walsh, J.1. In this case I feel bound to allow the appeal. The subject-matter of the litigation is of the most trumpery description. The rent of the land in dispute, I am told, is Rs. 2-10, and the amount on payment of which redemption was decreed by the Munsif is Rs. 8. Putting the matter shortly, what appears from the judgments of the Courts below is that at some time or another in 1859, it is alleged, the plaintiff mortgaged this property to the defendants. A feeble attempt was made in the first Court to prove the original transaction and it wholly broke down. The lower Appellate Court has held that the evidence called by the plaintiff upon this part of his case is false. The result is that there is no oral evidence in the case at all. But there are certain entries in the khewat of 18V7, the verification of which was attested by the predecessors of the defendants and apparently by one of the defendants himself. (I was so told at the Bar by the appellant's Counsel and it was not deni...
Jawahir Thakur Vs. Emperor
Court: Allahabad
Decided on: Apr-18-1916
Reported in: AIR1916All197(2); 34Ind.Cas.315
Piggott, J.1. The appellant Jawahir has been convicted of an offence punishable under Section 474, Indian Penal Code, in respect of a document, or more strictly speaking of two documents endorsed on separate halves of a sheet of paper, alleged to have been found in his possession. The documents in question are a blank promissory note and a blank receipt. Both purported to be signed by one Bindhayachal. At the top of each of these papers there is an adhesive stamp of one anna; but the signature is not across the stamp nor has the stamp been cancelled in accordance with the provisions of Section 12 of the Indian Stamp Act, No. II of l899. The papers question are blank in this sense, that they are printed forms with none of the particulars tilled in. There is no specification of the person in whose favour either document purports to be executed, nor yet of the date or place of execution, nor yet of the amount of money involved. One document purports on the face of it to be a receipt where...
Chaudhri Muhammad Yunus Ali Khan Vs. Kaian Singh and ors.
Court: Allahabad
Decided on: Apr-18-1916
Reported in: AIR1916All281; 34Ind.Cas.369
Walsh, J.1. I have come to the conclusion that this appeal must be dismissed. The question really is, whether there is an agreement which the zamindar plaintiff in this case is entitled by law to rely upon for enhancement of rent. This question in the present condition of legislation is by no means easy and is certainly difficult to anybody like myself unfamiliar with the subject-matter. I think that where there is a question of enhancement or abatement of rent the Court has to find the starting point. Now in the case of occupancy tenants the starting point, so far as acquisition of rights is concerned, is Section 11 of the Agra Tenancy Act. For the ascertainment of rent at which they are assessed it is agreed that the starting point is to be found in Sections 34 and 35, which appear to me to cover the whole ground of a case where no actual recorded agreement is in existence. Now taking Section 35 as the starting point in this particular case, it is proved by entries in the revenue pap...
Ratan Lal Vs. Musammai Biba Kunria and ors.
Court: Allahabad
Decided on: Apr-17-1916
Reported in: AIR1916All42; 34Ind.Cas.144
P.C. Banerji, J.1. The appeal arises out of execution proceedings and the question, is whether the decree-holder-appellant was entitled to charge interest on the amount alleged by him to be due. The decree in this case was passed on the 5th of April 1906 under Section 88 of the Transfer of Property Act in favour of one Sita Ram. It was for a sum of Rs. 1,481 and provided that future interest would be payable at the rate of 6 per cent. per annum. An order absolute under Section 89 of the Transfer of Property Act was passed on the 14th of September 1907, but this order contained no provision as to payment of future interest.2. On the 2nd of October 1907 the decree-holder and the judgment-debtor entered into a compromise and under this compromise it was agreed between the parties that the decree-holder would be entitled to a sum of Rs. 1,200 and no more. There was no provision in the compromise that interest would be payable upon the aforesaid sum of Rs. 1,200. This compromise took the pl...
Emperor Vs. Ghamman and ors.
Court: Allahabad
Decided on: Apr-14-1916
Reported in: (1916)ILR38All455
Pramada Charan Banerji, J.1. This case has been referred by the learned Sessions Judge of Budaun with the recommendation that the conviction of the twenty-three accused persons in this case under Section 132 of the Municipalities Act, should be set aside and the fines imposed on them refunded. It appears that the Municipal Board of Ujhani made a rule under Section 130 of the Act, prohibiting the exposure for sale or sale of fruits and vegetables outside the limits of the Municipal market unless the persons so selling, or exposing for sale, obtained and held a licence. The rule was sanctioned by Government and was publicly proclaimed on the spot. The accused persons not having obeyed the rule were prosecuted and convicted and sentenced to different amounts of fine. The learned Sessions Judge is of opinion that they were protected by the proviso to Section 130 of the Act, which is to the effect that 'no person shall be punishable for breach of any rule made under Clause (a), or Clause (e...
Jhamman and ors. Vs. Emperor
Court: Allahabad
Decided on: Apr-14-1916
Reported in: AIR1916All270; 34Ind.Cas.989
ORDER1. This case has been referred by the learned Sessions Judge of Budaun, with the recommendation that the conviction of the 23 accused persons in this case under Section 132 of the Municipalities Act should be set aside and the anes imposed on them refunded. It appears that the Municipal Board of Ujjhani made a rule under Section 130 of the Act prohibiting the exposure for sale or sale of fruits and vegetables outside the limits of the Municipal market, unless the persons so selling or exposing for sale obtained and held a license. The rule was sanctioned by Government and was publicly proclaimed on the spot. The accused persons not having obeyed the rule were prosecuted and convicted and sentenced to different amounts of fine. The learned Sessions Judge is of opinion that they were protected by the proviso to Section 130 of the Act, which is to the effect that no person shall be punishable for breach of any rule made under Clause (a) or Clause (e) by reason of the continuance of s...
Emperor Vs. Jawahir Thakur
Court: Allahabad
Decided on: Apr-13-1916
Reported in: (1916)ILR38All430
Piggott, J.1. The appellant Jawahir has been convicted of an offence punishable under Section 474 of the Indian Penal Code, in respect of a document, or more strictly speaking, of two documents endorsed on separate halves of a sheet of paper alleged to have been found in his possession. The documents in question are a blank promissory note and a blank receipt. Both purported to be signed by one Bindhayachal. At the top of each of these papers there is an adhesive stamp of one anna; but the signature is not across the stamp, nor has the stamp been cancelled in accordance with the provisions of Section 12 of the Indian Stamp Act, No. II of 1899. The papers in question are blank in this sense, that they are printed forms with none of the particulars filled in. There is no specification of the person in whose favour either document purports to be executed, nor yet of the date or place of execution nor yet of the amount of money involved. The document purports on the face of it to be a rece...
Chhotey Lal Vs. Lakhmi Chand Magan Lal
Court: Allahabad
Decided on: Apr-13-1916
Reported in: AIR1917All484; (1916)ILR38All425
Pramada Charan Banerji, J.1. This is an application for revision under Section 25 of the Provincial Small Cause Courts Act. The suit out of which it arises was instituted in the court of the Subordinate Judge of Muttra, who was vested with the powers of a Judge, of a Court of Small Causes. By an order of the District Judge the case was transferred to the court of the Munsif of Muttra. The learned Munsif passed an ex parte decree on the 29th of September, 1915, the defendant not having entered appearance. The defendant thereupon applied to have the ex parte decree set aside on the allegation that he had been prevented by illness from attending the court on the date fixed for hearing. He did not deposit with his application the amount of the decree, nor did he furnish security in respect of that amount as required by Section 17 of the Provincial Small Cause Courts Act. The plaintiff objected to the hearing of the application on the ground that no deposit had been made or security furnish...
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