Court : Allahabad
Reported in : AIR1919All208; (1919)ILR61All656
1. The question raised in this appeal is whether in execution of a simple decree for money what is called birt acharji can be sold at the instance of the decree-holder. This birt, as we understand it, is the office of a maha brahman who officiates at funerals of Hindus and performs certain ceremonies. The application for the sale of this description of property has been disallowed by the lower appellate court on the ground that it is a right of personal service within the meaning of Clause (6) of the proviso to Section 60 of the Code of Civil Procedure and is, therefore, exempt from sale in execution of a decree. This decision of the court below has been affirmed by a learned Judge of this Court. He has referred to the authorities on the subject and we deem it unnecessary to repeat them. The only case which is directly in point is the decision of this Court in Durga Prasad v. Genda Weekly Notes, 1839, p. 169. In that case a learned Judge of this Court held that the birt maha brahmani o...
Tag this Judgment!Court : Allahabad
Reported in : AIR1919All445; 53Ind.Cas.495
1. Sheoharakh Kurmi. resident of Kebra, aged 25, and Gharib Kurmi, resident of the same village, aged 40, were placed on their trial before the Sessions Court of Basti on a charge framed under Section 304 of the Indian Penal Code. The learned Sessions Judge before trial charged the accused under Section 302 of the Indian Penal Code and called upon the accused to plead to the amended charge. The accused pleaded not guilty to the charge. The learned Sessions Judge has gone very carefully into the evidence before him and has delivered what may be called a very well-balanced judgment. The evidence before the learned Judge was so far believed both by him and the Assessors that they came unhesitatingly to the conclusion that the accused, who are now appealing, were partakers in the assault upon Ram Baran. The Assessors give it as their opinion that they were sure that the accused took part in the affray and beat Ram Baran, the accused did not intend to kill Ram Baran, and, therefore, they di...
Tag this Judgment!Court : Allahabad
Reported in : 51Ind.Cas.539
1. The question raised in this appeal is whether in execution of a simple decree for money what is called Birtacharji can be sold at the instance of the decree holder. This Birt, as we understand it, is the office of Mahabrahman who officiates at funerals of Hindus and performs certain ceremonies. The application for the sale of this description of property has been disallowed by the lower Appellate Court on the ground that it is a right of personal service within the meaning of Clause (f) of the proviso to Section 60 of the Code of Civil Procedure and is, therefore, exempt from sale in execution of a decree. This decision of the Court below has been affirmed by a learned Judge of this Court. He has referred to the authorities on the subject and we deem it unnecessary to repeat them. The only case which is directly in point is the decision of this Court in Durga Prasad v. Genda A.W.N. (1889) 169. In that case a learned Judge of this Court held that the Birt Mahabrahmani or right to off...
Tag this Judgment!Court : Allahabad
Reported in : AIR1919All430; 52Ind.Cas.52
Piggott, J.1. This application in revision comes before this Court under the following circumstances:One Shamshul Hasan brought a complaint before a Magistrate accusing Zahur Uddin and seven other persons of offences under Sections 147 and 323 of the Indian Penal Code. At the trial the present applicant in revision, named Muqaddas Husain, appeared as a witness for the complainant Shamshul Hasan. The evidence then given by him has been read to me and I find that, if the Court had felt itself able to act upon that evidence, it would have convicted Zahur Uddin and other persons of the offences alleged against them. As a matter of fact, the trial ended on the 1st of October 1918 in the acquittal of the accused persons. About a month later Zahur Uddin, passing over the complainant Shamshul Hasan and selecting Muqaddas Husain out of the various persons who had given evidence in support of Shamshul Hasan's complaint, applied for sanction under Section 195 of the Code of Criminal Procedure for...
Tag this Judgment!Court : Allahabad
Reported in : (1919)ILR61All651
1. The facts which have given rise to this application in revision are as follows: One Daryai Singh was the owner of certain fields. He gave a lease in respect of them to Bikram Singh and subsequently gave a mortgage in respect of the same fields to Karam Singh, the brother of Bikram Singh. After the execution of the lease and the mortgage deed, Daryai Singh sold the said fields to one Sardar Singh. There was a dispute between the vendee on the one side and, the lessee and the mortgagee on the other, as to the possession of the fields. Sardar Singh was successful in the end and obtained a decree from this Court to the effect that the lease to Bikram Singh was void and ineffectual, but that the mortgage was valid. After the decree of the High Court, Sardar Singh redeemed the mortgage and obtained possession over the field in question through the Civil Court. Sardar Singh died sometime after the redemption of the mortgage. The son of Sardar Singh let the fields in question to some of the...
Tag this Judgment!Court : Allahabad
Reported in : (1919)ILR61All654
1. The suit out of which this appeal arises was one for ejectment of a tenant from a house and for arrears of rent. The house belonged to two brothers, Debi Prasad and Lalta Prasad. In execution of a decree obtained by one Incha Ram against Debi Prasad he caused the whole house to be attached as the property of Debi Prasad; During the pendency of the attachment a suit was brought by Lalta Prasad for partition of the house, and he made Debi Prasad and Incha Ram parties to that suit. He obtained a preliminary decree from the High Court for partition subject to certain conditions, but, before the final decree of the High Court was made, the property was sold by auction and was purchased by Ram Chand, the predecessor in title of the plaintiffs. We may mention that Mathur Prasad, appellant, was a tenant in the house, having been put into it by Debi Prasad and Lalta Prasad. After the auction sale, however, on the 4th of May, 1914, Mathura Prasad executed a sarkhat (that is, an agreement to h...
Tag this Judgment!Court : Allahabad
Reported in : AIR1919All192; 51Ind.Cas.184
George Knox Acting, J.1. The facts of the case out of which this appeal arises are fully set forth in the judgment of the learned Judge of this Court. The appeal, however, may be decided upon another ground, which is not the ground upon which the suit was decided by the Courts below and by the learned Judge of this Court. It appears that one Anandi Din executed a simple mortgage in favour of the present plaintiff Prabhu Dayal. A decree upon that simple mortgage was obtained against him and the respondent Ajudhia Parshad, who had purchased the equity of redemption from Anandi Din before the suit was brought. Anandi Din had executed a usufructuary mortgage in favour of Prabhu Dayal in respect of some other property in 1899. In execution of the decree upon the simple mortgage obtained by Prabhu Dayal. the mortgaged property was sold and as the proceeds of the sale proved insufficient to discharge the amount of the decree, Prabhu Dayal applied for and obtained a decree under Order XXXIV, R...
Tag this Judgment!Court : Allahabad
Reported in : AIR1919All205; 51Ind.Cas.473
Rafique, J.1. The facts which have given rise to this application in revision are as follows: One Daryai Singh was the owner of certain fields. He gave a lease in respect of them to Bikram Singh and subsequently gave a mortgage in respect of the same fields to Karam Singh, the brother of Bikram Singh. After the execution of the lease and the mortgage-deed Daryai Singh sold the said fields to one Sardar Singh. There was a dispute between the vendee on the one side and the lessee and the mortgagee on the other, as to the possession of the fields. Sardar Singh was successful in the end and obtained a decree from this Court to the effect that the lease to Bikram Singh was void and ineffectual but that the mortgage was valid. After the decree of the High Court, Sardar Singh redeemed the mortgage and obtained possession over the fields in question through the Civil Court. Sardar Singh died sometime after the redemption of the mortgage. The son of Sardar Singh let the fields in question to so...
Tag this Judgment!Court : Allahabad
Reported in : AIR1919All217(2); 51Ind.Cas.548
1. The suit out of which this appeal arises was one for ejectment of a tenant from a house and for arrears of rent. The house belonged to two brothers Debi Prasad and Lalta Prasad. In execution of a decree obtained by one Incha Ram against Debi Prasad, he caused the whole bouse to be attached as the property of Debi Prasad. During the pendency of the attachment a suit was brought by Lalta Prasad for partition of the house, and he made Debi Prasad and Incha Ram parties to that suit. He obtained a preliminary decree from the High Court for partition subject to certain conditions, but before the decree of the High Court was made the property was sold by auction and was purchased by Ram Chand, the predecessor in title of the plaintiffs. 'We may mention that Mathra Prasad, appellant, was a tenant in the house having been put into it by Debi Prasad and Lalta Prasad. After the auction sale, however, on the 4th of May 1914 Mathra Prasad executed a sarkhat (that is, an agreement to hold the hou...
Tag this Judgment!Court : Allahabad
Reported in : AIR1919All367; (1919)ILR61All646
1. This is a question of procedure arising out of an election petition consequent upon a recent municipal election in Allahabad which has been referred to us by the Commissioner, the tribunal appointed for the trial of the petition, such reference being in his opinion a question of law, under Section 23, Sub-section (2), Clause (e), of the Municipalities Act.2. The point may be shortly stated in this way:Is it competent for an unsuccessful candidate petitioning against the election of more than one successful candidate, to join a claim that all or any of the successful candidates, being more than one, be unseated, in one petition? In this particular case there were six candidates, three of whom were elected, the present petitioner being the 4th, two other persons who were formerly respondents and have been struck out, being 5th and 6th on the poll. The petition claims that upon various grounds raising questions of legality, corrupt practices, personation and so forth, the three success...
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