Allahabad Court November 1922 Judgments
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Badri Singh and anr. Vs. Gobardhan and ors.
Court: Allahabad
Decided on: Nov-17-1922
Reported in: AIR1923All187; 79Ind.Cas.220
1. We think the decision of the learned District Judge in this case is erroneous and must be set aside.2. The facts are that a suit for pre-emption was brought by two plaintiffs Gobardhan Brahman and Raghubar Thakur, in respect of a certain sale of property which had been made by defendant No. 3. The allegation was that this sale had been made to a stranger and that the plaintiffs had a right to pre-empt.3. When the case came into Court the defence taken was that the first plaintiff in the suit was not a co-sharer and, therefore, not entitled to claim pre-emption.4. It seems to have been admitted that prior to the 10th of July 1917 the first plaintiff Gobardhan Brahman had no share in this village. On the 10th July 1917 there was executed in his favour a deed which purports to be a sale-deed. This was executed apparently by one Gaya Din Thakur, father of plaintiff No. 2, Raghubar Thakur.5. On the following day, i.e., the 11th July 1917, another document was executed by Gobardhan, the p...
Bangali Mal Vs. Firm Ganga Ram Asharfi Lal
Court: Allahabad
Decided on: Nov-17-1922
Reported in: AIR1923All465; 71Ind.Cas.431
P.C. Banerji, J.1. The only question in this case is whether the Court of Small Causes at Agra had jurisdiction to entertain the suit. That Court has held that it had no jurisdiction and has returned the plaint for presentation to the Court at Budaun. The plaintiff's firm is at Agra. A contract was made at Budaun with the defendant's firm, for sale to that firm of certain goods which were to be delivered at Budaun. The goods were despatched from Agra and delivery was taken at Budaun. As the price was not paid, the plaintiff's firm brought the present suit at Agra for recovery of the price. The plaintiff's agent gave evidence and he said that it was agreed that the price would be, sent to Agra. One of the defendants was examined and he said that one of the proprietors of the plaintiff's firm had said that he would take the price when he came to Budaun. No evidence was given by either party in support of this statement. Ordinarily, if goods are purchased or money is borrowed, the payment...
Lala Lachman Prasad and anr. Vs. Majju and anr.
Court: Allahabad
Decided on: Nov-17-1922
Reported in: AIR1923All167; 77Ind.Cas.913
Walsh, J.1. This was a suit for damages for defamation. The alleged defamation is contained in a-written document la the nature of a report or information lodged with a Police Officer in the course of the Police Officer's duty, in which the defendants charged the plaintiffs with assault and not, both of which are cognizable offences. The Police took no action on the report. They were not bound to do so. It was for them to decide whether or not the case was one on which they should charge the persons against whom the complaint was made. A complaint was eventually made before a Magistrate and dismissed. The plaintiffs nave brought this suit for damages.2. The First Court held that the defendants had published the libel complained of; that it was untrue, and that Rs. 40 damages were an adequate compensation. The defendant's in substance pleaded justification. In paragraph 1 of the particular pleas, they said, the report was correct. They raised no plea of privilege. Both Courts have dismi...
Durga Prasad and ors. Vs. Emperor
Court: Allahabad
Decided on: Nov-16-1922
Reported in: 71Ind.Cas.501
Stuart, J.1. The four appellants, Durga Prasad, Sarabjit, Budhai and Manmath Nath Das were convicted on the unanimous verdict of a Jury by the learned Sessions Judge of Allahabad, on the 12th of August 1922. The transaction in which they were concerned was an extremely audacious dacoity (the first of its kind, so far as I know, which has occurred in these provinces) that was committed in Allahabad, at 1 o'clock, in the afternoon, on the 2nd of May 1922, less than half a mile from the High Court, on one of the most frequented roads in Allahabad. The criminals had marked down an Assistant Cashier and a chaprasi of the Allahabad Bank who were returning on an ekka from the Imperial Bank tb the Allahabad Bank with over Rs. 30,000 worth of currency notes in their possession. They, came up behind this ekka in a motor-car which had been brought from Calcutta for the purpose. They stopped the motor-car, two of their numbers got out, assaulted the servants of the Bank, robbed them of the notes i...
Muhammad Altaf Ali Khan Vs. Rani Phool Kunwari
Court: Allahabad
Decided on: Nov-16-1922
Reported in: AIR1923All367; 71Ind.Cas.400
Stuart, J.1. The facts of the suit out of which this appeal arises are these: The defendant-appellant took a theka from the plaintiff-respondent of 451 bighas (the greater part of which was agricultural land) on an annual rent of Rs. 500. Admittedly, he paid only Rs. 415 in one of the years under dispute and only Rs. 445 in the remaining year under dispute. When sued in the Rent Court for the balance he set up the plea that the plaintiff had improperly deprived him of the use of two bighas and 3 biswas out of the 451 bighas leased to him and had given the use thereof to a certain Sadullah for the purpose of making bricks thereon, and had taken rent from Sadullah. The lower Appellate Court has refused to admit this plea. I agree with the learned District Judge on the point. It is open to the defendant to institute a suit in the Civil Court for damages for breach of contract in respect of his allegation, but there is no possible method by which he can obtain a deduction from his lease-mo...
Hardeo Prasad Vs. Damodar Prasad
Court: Allahabad
Decided on: Nov-16-1922
Reported in: AIR1923All119; 71Ind.Cas.424a
1. Two brothers, Hardeo Prasad and Damodar Prasad, brought a suit for profits. They appeared as joint plaintiffs and jointly claimed the profits due on the entire share of which they were the joint owners. The First Court dismissed the suit. For some reason, with which we are not now concerned, Damodar Prasad preferred to submit to this decree. Hardeo Prasad appealed against the whole decree and impleaded Damodar Prasad as a respondent, on the ground that he had declined to join in the appeal. The District Judge reversed the finding of the Trial Court on the merits. The conclusion arrived at in the judgment obviously is that the suit of Hardeo Prasad and Damodar Prasad ought to have been decreed, and the operative portion of the judgment directs that the decree of the Trial Court be set aside and, in lieu thereof, the claim be decreed. We think there can be no doubt the District Judge intended to give a decree to Hardeo Prasad and Damodar Prasad for the amount in question. By some erro...
Syed Fazal Haq Vs. Aziz Hasan and ors.
Court: Allahabad
Decided on: Nov-16-1922
Reported in: AIR1923All163; 77Ind.Cas.940
1. The dispute between the parties to this appeal relates to the interpretation of the words 'bhai' and 'baradarzadah.' It is contended on behalf of the defendant-appellant the vendee that the words 'bhai' ant 'baradarzadah' in the wajib-ul-arz mean own brother and the son of the own brother, and that they cannot be extended to mean any other relatives.2. It appears that one Musammat Saidunnissa executed a deed of sale in favour of Musammat Reaz-un-nissa and the latter in her turn conveyed the property to one Sayed Fazal Haq. Thereupon Aziz Hasan, Musammat Rahmat-un-nissa Bibi and Waqar-un-nissa Bibi sued to recover possession of the property from Fazal Haq on the allegation that they had a preferential right to get it. They alleged that they were of the same family as Musammat Said-un-nissa and, therefore, under the terms of the wajib-ul-arz had a preferential right to the property as against as stranger. The Court of first instance dismissed the claim holding that the plaintiffs were...
Ddit NaraIn Lal and anr. Vs. Ram Lachhman Rao and ors.
Court: Allahabad
Decided on: Nov-16-1922
Reported in: 77Ind.Cas.933
1. We have heard the learned Counsel in these appeals and are of opinion tint they must fail. The point for decision seems to us to be covered by authority.2. The facts of the case as found by the Court below may be briefly stated as follows.3. One Mehadeo Prasad had three sons, Kando Prasad, Brijnaudan, and Newal Rai.3. According to the pedigree the line of Brijnandan had become extinct. The first plaintiff in the case, Udit Narain Lai, is the son of Kando Prasad, and the second plaintiff is Musammat Ram Kali who is the widow of Suraj Prasad son of Hewal Rai: Suraj Prasad is said to have died in 1904. It is to he noted that Suraj Prasad left surviving him a brother named Hirbans.2. These two plaintiffs joined in a suit for pre-emption claiming a preferential right on the ground that they were co--sharers in the village.3. Their suit has failed on the grounds:(i) That Musammat Ram Kali is not a co-sharer in the village but, for the purposes of pre-emption, a stranger;(2) That Udit Nara...
Emperor Vs. Durga Prasad and ors.
Court: Allahabad
Decided on: Nov-16-1922
Reported in: AIR1922All211; (1923)ILR45All223
Stuart, J.1. The four appellants, Durga Prasad, Sarabjit, Budbai and Manmath Nath Das, were convicted on the unanimous verdict of a jury by the learned Sessions Judge of Allahabad, on the 12th of August, 1922. The transaction in which they were concerned was an extremely audacious dacoity (the first of its kind, so far as I know, which has occurred in these provinces) that was committed in Allahabad, at 1 o'clock in the afternoon, on the 2nd of May, 1922, less than half a mile from the High Court, on one of the most frequented roads in Allahabad. The criminals had 'marked down an assistant cashier and a chaprasi of the Allahabad Bank who were returning on an ekka from the Imperial Bank to the Allahabad Bank with over Rs. 30,000 worth of currency notes in their possession. They came up behind this ekka in a motor car which had been brought from Calcutta for the purpose. They stopped the motor car: two of their number got out, assaulted the servants of the Bank, robbed them of the notes ...
Kanhaiya Lal Vs. Chhakkan Lal
Court: Allahabad
Decided on: Nov-15-1922
Reported in: (1923)ILR45All218
Piggott and Walsh, JJ.1. This is an application in revision of a somewhat peculiar nature. We do not wish to go into unessential facts, but the following facts require to be noted. On the 4th of January, 1921, a plaint was filed, ostensibly on a simple mortgage. The claim was for a largo sum in excess of Rs. 20,000. On the 13th of July, 1921, one of the defendants filed a written statement, a lengthy document, raising a large number of pleas. It was, however, an important part of the defendant's case that, by reason of certain facts stated by him, the plaintiff had become liable to him la damages for a sum which actually exceeded the amount of the claim. In the written statement the amount of this excess was put at Rs. 415, and, undoubtedly, the defendant Chhakkan Lal asked for a decree in his favour for this amount. He offered, further, to pay additional court fees if it should be found that a larger sum was due to him; but he contended all along that he was only liable to pay an ml v...