Allahabad Court November 1922 Judgments
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Musammat Ramman Bibi Vs. Mathra Prasad and anr.
Court: Allahabad
Decided on: Nov-27-1922
Reported in: AIR1923All374; 75Ind.Cas.621
Stuart, J.1. The plaintiff, Musammat Ramman Bibi, is the zemindar of the village Amrauli. A certain Hari Ram residea in Amrauli as an agricultural tenant. He occupied a dwelling house in the abadi and he was the holder of a certain grove with, the rights of a tenant grove-holder. It is alleged that he owed money on a deed to a certain Mathra Prasad. Hari Ram died. At the time of his death it was alleged that he had not satisfied the amount due to Mathra Prasad. Mathra Prasad instituted a suit against a child called Bilaso, who, he alleged, was the daughter of Hari Ram in respect of the amount which Hari Ram, was alleged to have owed him. He obtained a decree against the assets of Hari Ram in the hands of Bilaso. I am unable to ascertain whether this decree was obtained ex parte or after contest. In execution of that decree he brought to sale the interests of Hari Ram in the house and grove. They were purchased by Lachmi Narain brother of Mathra Prasad. Lachmi Narain is now in possessio...
Baba and ors. Vs. Sukkha and ors.
Court: Allahabad
Decided on: Nov-27-1922
Reported in: AIR1923All165; 77Ind.Cas.918
Stuart, J.1. This appeal raises some interesting points. It relates to rights to officiate as pujaris at the temple of Sitla at Farahampur Kalesharman. Farahampur Kalesharman is a small place close to Kara in the Allahabad District. Kara is the head quarters of a Tehsil and was once a place of importance. The temple in question is of some antiquity. The learned Munsif who heard the original suit stated in his judgment that according to the Allahabad Gazetteer this temple was four thousand years old. 1 have been unable to trace a quotation that the temple is four thousand years old, but it is referred to at page 87 of the Gazetteer as one of the old temples in the district and it is a place where three fairs are held every year to which a large number of persons go. It is established on the facts that connected with the temple are certain families of mails and it is found on facts that for very many years certain families of malts who are Hindus and certain families of malts who are Muh...
Ram Kishore and ors. Vs. Abdul Karim and ors.
Court: Allahabad
Decided on: Nov-27-1922
Reported in: AIR1923All173; 77Ind.Cas.909
Gokul Prasad, J.1. This is a plaintiff's appeal arising out of a suit for a declaration that a three-fourth share in certain property was not liable to attachment and sale in. execution of a simple money-decree obtained by the predecessor-in-title of the defendant-decree-holder against the father of the plaintiffs. The allegation was that the father of the plaintiffs being alive the pious obi gallon of the son to pay up their father's debt did not arise and their share in the family property was not liable to sale. The First Court decreed the suit but the lower Appellate Court has, basing its judgment on the Privy Council case of Sripat Singh Dugar v. Prodyot Kumar Tagora 39 Ind. Cas. 252 : 44 C. 524 : 44 I.A. 1 : 32 M.L.J. 133 : 15 A.L.J. 147 : (1917) M.W.N. 193 : 21 C.W.N. 442 : 25 C.L.J. 220 : 21 M.L.T. 222 : 19 Bom. L.R. 290 (P.C.), refused to follow the dictum of the Privy Council in the case of Sahu Ram Chandra v. Bhup Singh 39 Ind. Cas. 280 : 39 A. 437 : 44 I.A. 126 : 21 C.W.N. ...
Emperor Vs. Hira and ors.
Court: Allahabad
Decided on: Nov-25-1922
Reported in: (1923)ILR45All250
Ryves, J.1. In this case seven men were convicted by the learned Sessions Judge of Bulandshahr under Section 147 and Section 304 of the Indian Penal Code and sentenced to rigorous imprisonment for six months. A large number were accused, but as those persons were admittedly in the fight they alone were convicted and the remainder were given the benefit of the doubt. They have appealed.2. The learned Sessions Judge has tried the case very carefully and has written a very full judgment. He has found the facts very dearly up to a certain point. They are as follows:The complainants were a large body of persons composed chiefly of the adherents of Ali, a Muhammadan, and the adherents of a Hindu who made common cause. These persons, as shown from the judgment, had for a long series-of years continued in unlawful possession of some plots of land in the village. The former zamindar, after protracted litigation up to the Board of Revenue, had established the fact that the complainants were tres...
Hira and ors. Vs. Emperor
Court: Allahabad
Decided on: Nov-25-1922
Reported in: AIR1923All194; 71Ind.Cas.605
Ryves, J.1. In this case seven men were convicted by the learned Sessions Judge of Bulandshahr under Section 147 and Section 304 of the Indian Penal Code and sentenced to rigorous imprisonment for six months. A large number were accused but as those persons were admittedly to the fight they alone were convicted and the remainder were (given the benefit of the doubt, they have appealed.2. The learned Sessions Judge has tried the case very carefully, and has written a very full judgment. He has found the facts very clearly up to a certain point. They are as follows: The complainants were a large body of persons composed chiefly of the adherents of AH, a Muhammadan, and the adherents of a Hindu who made common cause. These persons, as shown from, the judgment, had for a long series of years continued in unlawful possession of some plots of land in the village. The former Zemindar, after protracted litigation up to the Board of Revenue, had established the facts that the complainants were ...
Bhagwant Vs. Mare and ors.
Court: Allahabad
Decided on: Nov-24-1922
Reported in: AIR1923All113; 72Ind.Cas.1024
Gokal Prasad, J.1. This appeal has arisen under the following circumstances:--The plaintiff brought the suit for actual possession of plots Nos. 393, 394 and 166-I against the defendants under the following circumstances. The plaintiff owned several plots of sir land. He sold some of those to one Umrao. The defendant, Mare, obtained those plots by pre-emption. It is now admitted before me that the plots sold were plots in dispute. The plaintiff now says that the defendants were his sub-tenants of plots in suit and the plaintiff got a decree against them for ejectment and obtained possession through the Court Amin on the 17th of February 1919, but that when the dakhalnama was being executed the defendants, somehow or other, got it recorded therein that there were some crops of theirs standing on the plots; that he, the plaintiff, was the ex-proprietary tenant of the land in suit and sometime ago Mare, defendant, got the thumb impression of the plaintiff on a piece of paper and now says ...
Reshma Bibi Vs. Bhawani Saran and ors.
Court: Allahabad
Decided on: Nov-23-1922
Reported in: AIR1923All281; 79Ind.Cas.77
Stuart, J.1. There are 18 zemindars in the village Kunwardah in the Cawnpore District. On the facts, a tenant, Bhawani Saran, has constructed a masonry well on waste land belonging to all these 18 zemindars at a cost of Rs. 500 for irrigating his occupancy holding. Seventeen of the zemindars have acquiesced in his so doing. The 18th, a widow called Reshma Bibi, who is the present plaintiff-appellant, has sued Bhawan Saran and asked for the relief that he should close this well. which he has constructed at a cost of Rs. 500, joining the remaining 17 zemindars as defendants. The lower Appellate court has found clearly that the well was constructed with the consent of all the zemindars save the plaintiff-appellant, at considerable expense, upon waste land, for the irrigation of Bhawani Saran's occupancy holding. The well is admittedly an improvement within the meaning of Section 4 (12) of the Tenancy Act. Under the Tenancy Act an improvement need not be executed on the holding if it is ex...
Dukhi Ram Barai Vs. B.N.W. Railway
Court: Allahabad
Decided on: Nov-23-1922
Reported in: AIR1923All145; 73Ind.Cas.440
Ryves, J.1. This is an application in civil revision filed by the plaintiff to set aside the decree of the Judge of the Small Cause Court at Azamgarh. Two consignments of betel leaves were delivered to the Bengal Nagpnr Railway at their station of Danton in the Midnapur District to be conveyed to the plaintiffs who are pan sellers at Mau in the Azamgarh District. The consignments travelled from Danton to Howrah over the B.N. Railway, a distance of 104 miles. From Howrah they were sent to Moghal Sarai on the E.I. Railway 418 miles. From Moghal Sarai to Benares they were carried for a distance of 10 miles over the O. and R. Railway and from Benares to Mau they were carried by the B. and N.-W. Railway, a distance of 58 miles. There was considerable delay in transit and when the goods arrived at Mau they were found to be in a rotten condition and the plaintiff refused to take delivery. He then entered into correspondence with the authorities of the B.N. Railway, the E. I. Railway Company a...
Kali DIn Vs. Madho and ors.
Court: Allahabad
Decided on: Nov-23-1922
Reported in: AIR1923All169; 77Ind.Cas.862
Stuart, J.1. The facts of the suit out of which this appeal arises are these:On the 3rd of March 1884 a certain Gaya Din purchased a small property in the Hamirpur District from the Hindu widows Lachmin Kuer and Radha Kuer. On the 19th February 1090 Gaya Din transferred that property to Bhup Singh and Sheo Lal for Rs. 475. Dachmin Kuer died before 1905. Radha Kuer died in 1905. In 1917 Ram Lal, claiming to be the heir to the property by reversion; instituted a suit against Gaya Din's successors-in-interest and the successors-in-interest of Bhup Singh and Sheo Lal. In that suit it was decided that the present plaintiffs-respondents who are the success ors-in-interest of Bhup Singh and Sheo Lal were not bona fide purchasers for value and the suit was determined in favour of Ram Lal. The plaintiffs-respondents then instituted the present suit against Kali Din son of Gaya Din for the return of the purchase-money paid to Gaya Din by their predecessors-in-interest. The Trial Court has given ...
Kandhiya and anr. Vs. Musammat Raj Rup Kunwar
Court: Allahabad
Decided on: Nov-22-1922
Reported in: 75Ind.Cas.681
Stuart, J.1. The facts of the suit out of which this appeal arises are as follows: A certain lady, called Aswamedh Kuer, had what appears to have been a Hindu widow's estate in a certain village. She gave perpetual lease of certain plots to one Gopal. Under this perpetual lease Gopal had power to transfer his rights. The plots were agricultural land. After the lady's death Gopal transferred these plots to Kandhaiya and Gawal, defendants-appellants. The lady was succeeded by the present plaintiff-respondent, Musammat Raj Rup Kunwar.2. The defendants-appellants constructed a house upon these plots and planted, trees. The plaintiff-respondent sued to eject them under Sections 57, 63(b). The Assistant Collector permitted the ejectment subject to a proviso that if the defendants paid Rs. 50 compensation and removed the house and trees they should be pemitted to retain possession. The learned District Judge in appeal set aside the latter portion of the order and decreed unconditional ejectme...
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