Allahabad Court November 1922 Judgments
Ram Chandar Vs. Emperor
Court: Allahabad
Decided on: Nov-30-1922
Reported in: 73Ind.Cas.694
Stuart, J.1. I agree with the view taken by the learned Sessions Judge, set aside the order dismissing the appeal and return the appeal to the learned Deputy Magistrate who decided it, or his successor, with directions to dispose of the same according to law....
Tag this Judgment!Janki Ram and ors. Vs. Misri Lal
Court: Allahabad
Decided on: Nov-29-1922
Reported in: AIR1923All377; 71Ind.Cas.382
Ryves, J.1. The facts out of which this appeal arises are as follows: The plaintiffs executed on the 3rd of July 1912 a usufructuary mortgage of some of their sir land in favour of the defendant for Rs. 100. On the same date they executed an agreement to the effect that if they did not give possession to the defendant or if the defendant having obtained possession, lost it they would re-pay the principal mortgage-money, plus interest at the rate of 2 per cent, per mensem from the date of mortgage. As a matter of fact the plaintiffs remained in possession throughout and still are in possession. It appears that when the defendant applied for mutation of names he was resisted by the plaintiffs and mutation was not effected. After that the defendant seems to have done nothing. He did not apply under Section 36 of the Land Revenue Act to have the rent assessed, assuming that he could have done so.2. The plaintiffs brought this suit to redeem the mortgage on payment of Rs. 100 only. The suit...
Tag this Judgment!Dina Nath Vs. Nek Ram
Court: Allahabad
Decided on: Nov-29-1922
Reported in: AIR1923All175; 74Ind.Cas.75
Stuart, J.1. The sanction cannot stand either on facts or law. In the first place, on the face of it, Dina Nath has not committed perjury because the assertions which he made were, according to his affidavit, not from his personal knowledge but from what he had been told, and there is nothing whatever to show that these assertions were not correct. Apart from that, the District Judge could not possibly sanction a prosecution for perjury 2. I allow this application and set aside the proceedings of the District Judge, dated, the 25th September 1922, ordering the prosecution of Dina Nath on a charge under Section 193 of the Indian Penal Code....
Tag this Judgment!Bhagwati Shukul Vs. Ram Jatan Tewari and ors.
Court: Allahabad
Decided on: Nov-29-1922
Reported in: AIR1922All381; 73Ind.Cas.648
1. We are of opinion that the learned Judge decided this case rightly. We, therefore, dismiss the appeal....
Tag this Judgment!Nathwa and ors. Vs. Suraj Mal and anr. and AmIn Kunwar and anr.
Court: Allahabad
Decided on: Nov-28-1922
Reported in: (1923)ILR45All255
Stuart and Ryves, JJ.1. The facts of this case are somewhat unusual and our decision is based on the facts as found by the lower appellate court.2. It appears that one Nathwa, a separated Hindu, possessing ample means, died in November, 1919.3. The suit was brought by four persons, who claimed to be the next reversioners of Nathwa, and it was filed on the 6th of January, 1920. The plaint, after reciting that Nathwa died childless two months before, stated that he left surviving him two widows, Musammat Amin Kunwar and Musammat Hardoi, who were entitled to a life-estate in the property and that the plaintiffs were the next reversioners. The plaint goes on to say that on the 1st of March, 1916, Musammat Amin Kunwar persuaded Nathwa to execute a fictitious deed of mortgage in favour of Lakhi and Suraj Mai, her two nephews, de-fondants Nos. 1 and 2; that this bond is calculated to prejudice the rights of the plaintiffs if it is allowed to subsist. Musammat Amin Kunwar way in collusion with...
Tag this Judgment!Suraj Mal and anr. Vs. Nathwa and ors. and
Court: Allahabad
Decided on: Nov-28-1922
Reported in: AIR1923All161; 76Ind.Cas.983
1. The facts of this case are somewhat unusual and our decision is based on the facts as found by the lower Appellate Court.2. It appears that one Nathwa, a separated Hindu, possessing ample means, died in November, 1919.3. The suit was brought by four persons, who claimed to be the next reversioners of Nathwa, and it was filed on the 6th of January 1920. The plaint, after reciting that Nathwa died childless two months before, stated that he left surviving him two widows, Musammat Amin Kunwar and Musammat Hardei, who were entitled to a life-estate in the property and that the plain tiffs were the next reversioners. The plaint goes on to say that on the 1st of March 1916, Musammat Amin Kunwar persuaded Nathwa to execute a fictitious deed of mortgage in favour of Lakhi and Suraj Mal, her two nephews, defendants Nos. 1 and 2; that this bond is calculated to prejudice the rights of the plaintiffs if it is allowed to subsist. Musammat Amin Kunwar was in collusion with defendants Nos. 1 and ...
Tag this Judgment!Ghulam HusaIn and ors. Vs. Ganesh Lal and ors.
Court: Allahabad
Decided on: Nov-28-1922
Reported in: 75Ind.Cas.619
Gokul Prasad, J.1. This is a plaintiffs' appeal arising out of a suit for possession of a certain plot of land and demolition of a wall erected thereon by the defendants. The plaintiffs had also claimed damages, etc., but we are not concerned with this portion of the case in appeal. The defence was that the plot of land on which the wall in dispute stood belonged, to the defendants and a new wall had been built up in place of the old one. The Munsif found in favour of the plaintiffs and decreed the claim in part, namely, he allowed the plaintiffs possession of the land and decreed Rs. 30 as damages. On appeal the lower Appellate Court came to the conclusion that the plaintiffs had failed to prove their ownership of the land in dispute and has reversed the decree of the First Court and dismissed the suit. The plaintiffs come here in second, appeal ana their main ground is that the defendants themselves, whilst objecting to the Commissioner's report, offered to be bound by the decision w...
Tag this Judgment!Lala Sheo Prasad Vs. Babu Ram and ors.
Court: Allahabad
Decided on: Nov-27-1922
Reported in: AIR1923All168; 71Ind.Cas.350
Stuart, J.1. This was a suit for the ejectment through the Revenue Court of five persons who were tenants of an occupancy holding, on the ground that they had sublet a portion of their holding in contravention of the provisions of Section 25 of the Tenancy Act. This suit thus lay under the provisions of Section 57(d). The Courts below have arrived at the following findings: They found that these five defendants were recorded as the tenants of over 50 plots of an area of 83 bighas 2 biswas and that all these plots with the exception of No. 817 were agricultural plots; but they found that No. 817 was a grove in which defendants Nos. 1 to 5 had the right of grove-holders. I cannot interfere with the finding that the defendants Nos. 1 to 5, had the right of grove-holders in No. 817, for that finding is a finding of fact. It appears to me to follow from that finding that No. 817 is not part of the occupancy holding. The conclusion at which I arrive is that No. 817 is a grove in which defend...
Tag this Judgment!Moulvi Ahmad HusaIn Vs. Sirajuddin
Court: Allahabad
Decided on: Nov-27-1922
Reported in: 75Ind.Cas.616
Stuart, J.1. This appeal arises out of one of the many cases of small valuation in which zemindars endeavour to exercise pressure upon their tenants by distorting the facts. The facts are these:--In the village of Govindpur in the Moradabad District was grove No. 183 in area either 2 bighas and 19 biswas or 2 bighas and 9 biswas. In one set of proceedings the first area is given and in another set of proceedings the second area is given, but there can be no doubt as to the identity of the grove. It is No. 183. This grove was originally granted to a man called Chhidda. He died some years ago. It was recorded as rent-free muafi. On Chhidda's death Sirajuddin and his other sons who are occupancy tenants in the village succeeded to the grove. They are still in possession. In 1913 Ahmad Husain, the present plaintiff-appellant, instituted proceedings in the Revenue Court against the sons of Chhidda for resumption of this grove which he describes as a rent-free grant. The Assistant Collector,...
Tag this Judgment!Mohammad Qasim Vs. the Municipal Board and anr.
Court: Allahabad
Decided on: Nov-27-1922
Reported in: AIR1923All371; 75Ind.Cas.607
Gokul Prasad, J.1. This is an appeal arising out of a suit for restoration of the yard of an enclosure to its original state and for recovery of a certain amount as damages for the occupation of certain rooms in that compound by the Municipal Board. Te plaintiff also pray from an injunction restraining the Municipal Board form realising a certain amount alleged by them to have been spent in paving the yard wtih bricks to make it sanitary. It appears that the plaintiff has a compound in the City of Saharanpur in which there are 21 shops. In April 1917, a notice was give to the plaintiff by the Municipal Board to pave the yard of the compound in such a way that the water therefrom be properly drained and this was to be done by paving the yard with bricks or kankar or stone ballast. Later on, he was served with another notice directing him to pave the yard as aforementioned or in the alternative to raise its level by putting on earth so that the water might be easily drained away and the ...
Tag this Judgment!- ‹ Prev
- 2
- 3
- 4
- 5
- 6
- 7
- 8
- 9
- Next ›
- Last »