Allahabad Court June 1918 Judgments
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Nannu Prasad Vs. Sukh Lal
Court: Allahabad
Decided on: Jun-26-1918
Reported in: (1918)ILR40All666
Ryves, J.1. This application arises out of a suit brought by a nephew against his uncle and a tenant. It appears that a house which jointly belonged to the nephew and uncle had for many years been rented by defendant No. 2 and the whole rent used to be collected by the uncle. No doubt, the nephew was entitled to a half share. This suit was brought to recover Rs. 130, being half of Rs. 260, which the uncle had been paid by the tenant. The suit was filed in a Court of Small Causes. Not only was no objection taken to the jurisdiction of that court, but in paragraph 8 of the written statement the uncle specifically stated that he raised no objection to the court trying the suit Of course it is not open to parties to waive a question of (sic)jurist diction, but for reasons to be stated later, I think this matter is of some importance. The court, from the judgment which it has recorded, tried the case apparently very fully, and came to what seems to me a very just decision. Having lost the s...
Tamiz-un-nissa Bibi and anr. Vs. Najju and anr.
Court: Allahabad
Decided on: Jun-26-1918
Reported in: 48Ind.Cas.38
1. This is a judgment-debtor's appeal and the sole question is whether the decree-holders' application of the 18th of July 1913 is an application made to a proper Court to take a step-in-aid of execution. That application was an application to the Court to reject certain objections which had been filed against the execution of the decree, so as to enable the execution to proceed. It was, -in our opinion, an application made to the proper Court, and it was an application asking that Court to take a step which was very necessary for the execution of the decree. The appeal fails and is dismissed with posts....
Sukh Lal Vs. Nannoon Prasad
Court: Allahabad
Decided on: Jun-26-1918
Reported in: AIR1918All355(2); 46Ind.Cas.647
Ryves, J.1. This application arises out of a suit brought by a nephew against his uncle and a tenant. It appears that a house which jointly belonged to the nephew and uncle had for many years been rented by defendant No. 2 and the whole rent used to be collected by the uncle. No doubt the nephew was entitled to a half share. This suit was brought to recover Rs. 180, being half of Rs. 360 which the uncle had been paid by the tenant. The suit was filed in a Court of Small Causes. Not only was no objection taken to the jurisdiction of that Court, but in paragraph 8 of the written statement the uncle specifically stated that he raised no objection to the Court trying the suit. Of course it is not open to parties to waive a question of jurisdiction, but for reasons to be stated later. I think this matter is of some importance. The Court, from the judgment which it has recorded, tried the case apparently very fully, and came to what seems to me a very just decision. Having lost the suit in t...
Lachmi NaraIn Dube Vs. Kishun Lall and anr.
Court: Allahabad
Decided on: Jun-26-1918
Reported in: AIR1918All308; 46Ind.Cas.733
1. This is an appeal by one Lachmi Narain Dube, who had applied to the Court of the Subordinate Judge exercising jurisdiction in the district of Mirzapur to be adjudicated an insolvent. The application was opposed by a creditor; the Court had examined the applicant and had taken certain evidence offered by the objecting creditor. The hearing was then adjourned for reasons which need not be discussed, and it continued to be adjourned over a number of successive dates fixed for the hearing. Finally on the 31st October 1917 the case being called on, it was found that the applicant did not appear. The Court thereupon passed the following order:Applicant is absent. The application is dismissed for want of prosecution.2. It seems to us that this order is not justified either by the circumstances of the case or by the provisions of the Provincial Insolvency Act, III of 1907. The debtor's petition had alleged facts sufficient, if established, to entitle him to present his petition under Sectio...
NasiruddIn HusaIn Vs. Ashfaq Husain
Court: Allahabad
Decided on: Jun-26-1918
Reported in: AIR1918All71; 46Ind.Cas.747
1. The facts of the case out of which this application arises are these. On the 3rd of March 1917 a plaint was filed in the Court of the Subordinate Judge of Meerut. The office reported that the plaintiff would attain majority on the 5th of March 1917 and that the suit had been instituted by a minor without a next friend. The Court ordered the plaint to be brought forward in the presence of the pleader for the plaintiff and fixed a date for that purpose. On the 15 of March 1917 an application was filed signed both by the pleader for the plaintiff and the plaintiff himself in which the plaintiff stated that he was not a minor on the date of the filing of the plaint, that in any case he had completed his age of twenty-one years and that he wished to proceed with the plaint. Thereupon the Court ordered the plaint to be registered and issued notice of the suit to the other side. An application was made on behalf of the defendants to have the plaint taken off the file on the ground that the...
Ali Raza Vs. Sanwal Das and ors.
Court: Allahabad
Decided on: Jun-15-1918
Reported in: (1919)ILR61All34
Piggott and Walsh, JJ.1. The question in issue in this appeal, as it was in the court below, is whether a valid waqf is created by a certain sipurdnamah, or trust deed, of the 27th of December, 1863, executed by a Shia gentleman of the name of Syed Maqsud Ali Khan and his wife, Alwah Bibi. We have been taken through the document in question. It does not divest the executants in praesenti of their ownership or power of alienation in respect of the property therein dealt with. It is true that it contains a recital to the effect that Syed Moazzam Ali, the eldest son of Syed Maqsud Ali Khan, has already been entrusted with the management of the landed properties belonging to the executants and that this management is to continue under the deed. But a mere power of management may be revoked at any time by the owners of the property. The document also contains provisions as to what is to happen on the death of the executants, but those provisions do not operate so as to divest the executants...
Syed Ali Raza Vs. Sanwal Das and ors.
Court: Allahabad
Decided on: Jun-15-1918
Reported in: 48Ind.Cas.212
1. The question in issue in this appeal, as it was in the Court below, is whether a valid waqf is created by a certain Sipurdnamah, or trust-deed, of the 27th of December, 1833, executed by a Shia gentleman of the name of Syed Maqsud ALi Khan and his wife, Alwah Bibi. We have been taken through the document in question. It does not divest the executants in presenti of their ownership or power of alienation in respect of the property therein dealt with. It is true that it contains a recital to the effect that Syed Moazzam Ali, the eldest son of Syed Maqsud Ali Khan, has already been entrusted With the management of the landed properties belonging to the executants and that this management is to continue under the deed. But a mere power of management may be revoked at any time by the owners of the property. The document also contains provisions as to what is to happen on the death of the executants, but those provisions do not operate so as to divest the executants of their ownership fro...
Panna Lal Vs. Baldeo
Court: Allahabad
Decided on: Jun-14-1918
Reported in: (1918)ILR40All663
Abdul Raoof, J.1. Bohra Panna Lal the plaintiff in this case brought this suit against Baldeo, Teli, upon the following allegations: In paragraph 1 of the plaint he stated that the plaintiff Was a zamindar, co-sharer, and also a lambardar in mauza Maholi, Shamsherganj, tahsil Bhogaon, district Mainpuri, In paragraph 2 of the plaint he stated that in accordance with the condition and custom entered in the wajib-ul-arz, the defendant was liable to give and deliver to the plaintiff two chataks of oil daily, that is to say, 3 3/4 seers every month. In paragraph 3 he stated that the defendant had not complied with the condition in the wajib-ul-arz for the period therein stated and he therefore claimed Rs. 49-8-0 as the price of the oil which had not been delivered to him by the defendant. The suit was filed on the 6th of August, 1917. In support of his claim the plaintiff filed a copy of an extract from the wajib-ul-arz in which the custom relied upon was entered. The wajib-ul-arz is dated ...
Karan Singh and ors. Vs. Jamna Prasad
Court: Allahabad
Decided on: Jun-14-1918
Reported in: (1919)ILR61All28
Abdul Raoof, J.1. This was a suit brought under Section 58/ 63 of Act No. II of 1901 for ejectment. One of the pleas raised in the court of first instance was that the relation of landlord and tenant did not subsist between the plaintiff and the defendant. There was also a plea that this suit for ejectment of the tenant was not cognizable by the Revenue Court. The court of first instance, the Assistant Collector, went into the question of the relation of landlord and tenant between the parties, fully examined the whole of the evidence given in the case, and came to the conclusion that there was a relation of landlord and tenant between the parties. On the plea of jurisdiction the court found that as it had already come to the conclusion that there was a relation of landlord and tenant between the parties, the question of jurisdiction was also involved in that issue and that the suit was cognizable by the Revenue Court. That court decreed the suit. From the decree and judgment of the As...
Jumna Prasad Vs. Karan Singh and ors.
Court: Allahabad
Decided on: Jun-14-1918
Reported in: AIR1918All14; 46Ind.Cas.338
Abdur Raoof, J.1. This was a suit brought under Section 58-63 of Act No. II of 1901 for ejectment. One of the pleas raised in the Court of first instance was that the relation of landlord and tenant did not subsist between the plaintiff and the defendant. There was also a plea that this suit for ejectment of the tenant was not cognizable by the Revenue Court. The Court of first instance, the Assistant Collector, went into the question of the relation of landlord and tenant between the parties, fully examined the whole of the evidence given in the case and came to the conclusion that there was a relation of landlord and tenant between the parties. On the plea of jurisdiction the Court found that as it had already come to the conclusion that there was a relation of landlord and tenant between the parties, the question of jurisdiction was also involved in that issue and that the suit was cognizable by the Revenue Court. That Court decreed the suit. From the decree and judgment of the Assi...
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