Allahabad Court December 1920 Judgments
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Mohammad Shakur Khan and anr. Vs. Musammat Shahjahan Begam and ors.
Court: Allahabad
Decided on: Dec-16-1920
Reported in: 63Ind.Cas.125
1. This appeal arises out of a suit Drought by the appellants for possession of a three-fourths share in certain property known as Ahata Ghammu Khan and for a declaration that the sale-deed, dated the 24th of November 1915, executed by defendant No. 2 in favour of defendant No. 1 was null and void so far as the plaintiffs' right was concerned. The defendant No. 2 was the widow of one Fakhruddin Khan, who was admittedly the owner of the enclosure in dispute. Fakhruddin Khan died on the 6th of April 1905. According to the plaintiffs he left as his heirs Musammat Amir Begam, his widow, and his first cousin, Afzal Khan. The plaintiffs as residuaries claimed possession of three fourths share out of his estate, saying that Amir Begam owned a quarter share only in the estate under the Muhammadan Law. This suit was brought on the 25th of June 1917, that is to say, more than 12 years after the date of the death of Fakhruddin Khan aforesaid. The plaintiff No. 1 is the son and plaintiff No. 2 a n...
Muhammad Mir Khan Vs. Sughra Begam and ors.
Court: Allahabad
Decided on: Dec-15-1920
Reported in: (1921)ILR43All341
Piggott and Walsh, JJ.1. This is an appeal arising out of a proceeding under the Succession Certificate Act. The point in issue is a simple one. A Muhammadan lady died leaving as her heirs a husband, a brother and three daughters. An application for a succession certificate in respect of the dower debt due to the lady was made by the brother, who is the respondent to this appeal. He asked for a succession certificate in respect of that share only of the dower debt winch he would inherit under the Muhammadan law. The daughters objected that he should not be allowed a succession certificate for anything less than the whole amount of the debt. The learned District Judge has passed an order which partly sustains and partly rejects the objection taken by the daughters. He calculates that one-fourth of the dower debt has been automatically satisfied on the death of the lady, by reason of her husband's having inherited one-fourth share in her estate. He has also calculated, further, that any ...
Musammat Sughra Begam, Major and ors. Vs. Mohammad Mir Khan
Court: Allahabad
Decided on: Dec-15-1920
Reported in: AIR1921All221; 61Ind.Cas.6
1. This is an appeal arising out of a proceeding under the Succession Certificate Act. The point in issue is a simple one. A Muhammadan lady died leaving, as her heirs, a husband, a brother and three daughters. An application for was Succession Certificate in respect of the dower-debt due to the lady was made by the brother, who is the respondent to this appeal. He asked for a Succession Certificate in respect of that share only of the dower-debt which he would inherit under the Muhammadan Law. The daughters objected that he should not be allowed a Succession Certificate for anything leas than the whole amount of the debt. The learned District Judge has passed an order, which partly sustains and partly repeats the objection taken by the daughters. He calculates that 1/4th of the dower-debt has been automatically satisfied on the death of the lady, by reason of her husband's having inherited 1/4th share in her estate. He has also calculated, further, that any claim which one of the daug...
E.G. Hunter Vs. Emperor
Court: Allahabad
Decided on: Dec-15-1920
Reported in: 61Ind.Cas.238
Tudball, J.1. The appellant has been convicted of the offense of adultery under Section 497, Indian Penal Code, in that he had sexual intercourse with one Mrs. Chalmers, the wife of the complainant, M.H. Chalmers. He has been sentenced to three months simple imprisonment and a fine of Rs. 250, or in default to three months further simple imprisonment. The evidence against the accused to prove the Act of adultery consists of the statements of Mr. Chalmers, the sweeper, Ram Dayal, the khansama, Abdul Rahim, a boy named Rewland Chalmers, the son of the complainant, and Musnmmat Bashiran, the ayah. There is other evidence more or less corroborative of the complaint, but it is only to the effect that the accused and Mrs. Chalmers were on very intimate terms. The evidence slave no doubt whatsoever that, when the petitioner left for Mesopotamia he made ample provision for his wife, an allowance of Rs. 333 a month and a house. It is farther satisfactorily established that, after his departure,...
Koka Mal Vs. Chandu Lal and ors.
Court: Allahabad
Decided on: Dec-14-1920
Reported in: (1921)ILR43All334
Piggott and Walsh, JJ.1. This is an application in revision against an order of the District Judge of Agra, allowing an appeal from the Subordinate Judge who had returned the plaint upon the ground that he had no jurisdiction to entertain the suit, and holding that the suit was properly brought in Agra and directing the first court to restore the case and try it on the merits. The suit was brought in the court of the Subordinate Judge of Agra by some merchants who alleged that the defendants, who were a firm carrying on business at Duggerala in the province of Madras, had agreed by correspondence conducted partly by telegram to purchase on behalf of the plaintiffs a certain quantity of chillies at a given price, that the defendants had told the plaintiffs that they had purchased a large quantity of these goods amounting in value to Rs. 1,600, that such sum had been paid by the plaintiffs and accepted by the defendants in the form of currency notes in the month of February, that in the ...
Chandu Lal and ors. Vs. Lala Kokamal
Court: Allahabad
Decided on: Dec-14-1920
Reported in: AIR1921All226; 61Ind.Cas.36
1. This is an application in revision against an order of the District Judge of Agra allowing an appeal from the Subordinate Judge who had returned the plaint upon the ground that he had no jurisdiction to entertain the suit, and holding that the suit was properly brought in Agra and directing the first Court to restore the case and try it on the merits. The suit was brought in the Court of the Subordinate Judge of Agra by some merchants who alleged that the defendants, who were a 6rm carrying on business at Duggerala, in the Province of Madras, had agreed by correspondence conducted partly by telegram to purchase on behalf of the plaintiffs a certain quantity of childless at a given price; that the defendants had told the plaintiffs that they had purchased a large quantity of these goods amounting, in value to Rs. 1,600, that such sum had been paid by the plaintiffs and accepted by the defendants in the form of currency-notes in the month of February; that in the following month (Marc...
Jagrup Vs. Emperor
Court: Allahabad
Decided on: Dec-14-1920
Reported in: 61Ind.Cas.656
Ryves, J.1. This is an application by Jagrup for the transfer of his appeal from the Court of the Sessions Judge of Allahabad to some other Sessions Judge. It appears that three persons were implicated in a robbery. One of them, Sattar was committed to Sessions Judge and a Jury and acquitted. The second, Mewa Lal WAS tried by a Magistrate of the First Class and convicted. He appealed and his appeal was heard by the learned Sessions Judge of Allahabad and dismissed. At that time Jagrup was absconding, or at any rate could not be found. He surrendered and was put on his trial before the same First Class Magistrate who had convicted Mewa Lal. For some reason which I do not quite understand, that Magistrate suggested that some other Magistrate should try the case. At any rate, he was tried by another Magistrate of the First Class and convicted and he has appealed to the learned Sessions Judge, The only ground on which he asks for this transfer is that the learned Sessions Judge in the case...
Mr. L.A. Puech Vs. Musammat Aziz Fatima Bibi and ors.
Court: Allahabad
Decided on: Dec-13-1920
Reported in: AIR1921All201; 61Ind.Cas.30
1. This is a plaintiff's appeal arising out of a suit for pre-emption. The property sought to be pre empted is in an area of land situated in Mahal Katihat in the town of Meerut. This mahal consists of plots of land on which are built houses. The vendor in the present case was the owner of a compound with a house standing in it together with out-houses, stables, etc. The plaintiff is a co-sharer in the mahal and he based his right on a custom which gave him a prior right of purchase as compared to a stranger. In his plaint, where he gives the details of the property which he seeks to pre-empt, he states that the custom of preemption only relates to land and not to the houses standing upon it. Ha, therefore, sought to pre-empt an area of 18 bighas and 17 biswas, but excluded from his suit the area of two bighas and 18 biswas on whish the house actually stood. Exception was taken by the defendant to the omission by the plaintiff to pre-empt the whole of the property. It was pleaded that ...
Talib HusaIn Khan and ors. Vs. Dukkhu Khan and ors.
Court: Allahabad
Decided on: Dec-13-1920
Reported in: AIR1921All208(1); 60Ind.Cas.992
1. Appeals Nos 25 and 26 of 1920 arise oat of two suits for pre-emption. The point in the two appeal for cur decision is the same. The plaintiff claimed a right to pre-emption the basis of a custom. The defendants-vendees pleaded inter alia that, assuming that there was a custom of pie-emption, the plaintiff had no preferential right over them to take the property. The Court of first instance held in favour of the defendants vendees and dismissed the suit. The lower Appellate Court on tin plaintiff's appeal reversed the finding of the first Court on this one issue and remanded the case for decision on its merits. Hence the present appeal.2. The wajib-ul an on which the plaintiff relies divides up the no sharers of the, village into three categories. The first is, near relations of the vendor in the same potti. Secondly, near relations of the vendor in another patti. Thirdly, co-sharers of the mahal. 'It is on admitted fact that the vendor, vendees and the pre-emptor are all co sharers ...
Saiyid Faiyaz Ali Vs. Rekhab Das and ors.
Court: Allahabad
Decided on: Dec-11-1920
Reported in: AIR1921All46; 61Ind.Cas.24
1. It appears that Saiyid Faiyaz Ali is the Zamindar of the village of Tissa in which one Dadlu lives as a ryot in one of the houses in the abadi, Badlu made a gift of the house in favour of his daughter-in law, Musammat Mango, by a registered deed in the year 1883. Mango in her turn executed two sale-deeds in favour of Rakhab Das in 1911 and 1916 in respect of the said house. The two deeds refer to different portions of the house and the two deeds taken together dispose of the entire house to Rekhab Das The house of Rekhab Das adjoins the house that he has purchased from Musammat Mango. After his purchase he opened doors leading into the new house and in fact incorporated I he new house into the old house, Rekhab Das brought the suit out of which this appeal has arisen on the 4th of December 1916 in to Court of the Munsif of Muzaffarnagar for the recovery of possession of the site of the house together with damages, on the allegation that, Boon after the execution of the second sale d...
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