Allahabad Court June 1922 Judgments
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Raja Narendra Bahadur Pal Vs. Bafati
Court: Allahabad
Decided on: Jun-27-1922
Reported in: AIR1923All50; (1923)ILR45All7
Ryves, J.1. The facts giving rise to this application in Civil Revision arc as follows:The plaintiff, the Raja of Mahson, is the zamindar of the holding in dispute. The defendant is its occupancy tenant and holds it on batai rent, that is to say, the rent payable by him is half the crop raised each year payable in kind. It is alleged that in the year 1327 Fasli, the defendant purposely did not sow the land, so that there was no crop.2. The plaintiff sued the defendant for arrears of his rent in that year, in the Revenue Court. The pleadings are not before me.3. From the judgment of the Assistant Collector, it appears that that court dismissed the suit, on the ground that the palwari proved that no crop had been raised on the land. On appeal, the Collector contented himself with dismissing the appeal in a judgment of a few lines, without any discussion. That litigation ended there. I presume it could have been taken further, but as the pleadings are not before me, I cannot say. But anyh...
Musammat Hiria Vs. Ram AdhIn Singh
Court: Allahabad
Decided on: Jun-27-1922
Reported in: AIR1923All335; 75Ind.Cas.553
Sulaiman, J.1. This is a plaintiff's appeal arising out of a suit for recovery of the plaintiff's share of profits against a lambardar, under Section 164 of the Agra Tenancy Act. The plaintiff claimed her share on the basis of the total demand. The defendant pleaded that there was no negligence or carelessness on his part and that the decree should be on the basis of actual collections.2. The Court of first instance, being of opinion that very little care was taken by the defendant in the collections and that large arrears were allowed to remain uncollected, which indicated a negligence on his part justifying a presumption that what remained uncollected was due to his carelessness, and that there was no explanation or excuse offered by him for the short collections, passed a decree on the basis of the gross rental. On appeal the learned District Judge has modified that decree and reduced the amount decreed.3. The three years in dispute were 1323, 1324 and 1325 Faslis. The collections b...
inderpal Singh Vs. Bafati ors.
Court: Allahabad
Decided on: Jun-27-1922
Reported in: 68Ind.Cas.985
Ryves, J.The fasts giving rise to this application in civil revision are as follows :1. The plaintiff, the Raja of Mahson, is the Zemindar of the holding in dispute. The defendant is its occupancy tenant and holds it on batai rent, that is to say, the rent payable by him is half the drop raised each year payable in kind. It is alleged that in the year 13-7 Fasl, the defendant purpnsely did not tow the land, so that there was no crop.2. The plaintiff sued the defendant for an years of his rent in that year, in the Revenue Court. The pleadings are not before me.3. From the judgment of the Assistant Collector, it appears that that Court dismissed the suit, on the ground that (he patxari proved that no crop had been rained on the land. On appeal, the Collector contented himself with dismissing the appeal in a judgment of a few lines, without any discussion. That litigation ended there. I presume it could have been taken further, but as the pleadings are not before we, I cannot say. But any...
Durga Chowdhuri Vs. Jagroop and ors.
Court: Allahabad
Decided on: Jun-23-1922
Reported in: AIR1923All191; 79Ind.Cas.232
Kanhaiya Lal, J.1. Musammat Lagha had an occupancy holding which she mortgaged with possession in favour of the defendant in lieu of Rs. 99 on the 12th September 1907. The mortgage remained in possession of the holding without any objection having been taken to the said mortgage by the proprietors of the village. The present suit has been filed by the plaintiffs for possession of the occupancy holding. In the plaint they offered to pay Rs. 99 to the defendant. The contention of the defendant was that as the mortgage was invalid his possession was adverse and that the claim was consequently barred by limitation.2. The Courts below held that the possession held by the defendant was permissive and that though the mortgage was invalid the plaintiffs were entitled to get possession of the occupancy holding.3. The learned Counsel for the defendant-appellant contends that the defendant is entitled to retain possession of the occupancy holding because he has since purchased a proprietary share...
Jugal Kishore Vs. Ram NaraIn and anr.
Court: Allahabad
Decided on: Jun-23-1922
Reported in: AIR1923All199; 80Ind.Cas.297
Sulaiman, J.1. This is a plaintiff's appeal arising out of a suit for recovery of damages for breach of a contract to supply sugar-cane juice. This and other remaining appeals are connected and in all of them practically the same point arises for determination. I propose to take up Second Appeal No. 1627 of 1920 as the principal case. In this case there was a contract between the plaintiff, on the one hand, and defendant No. 1 on the other, entered into on the 21st of February 1919 under which Rs. 40 were paid by the plaintiff as an advance and it was agreed that the defendant No. 1 would supply to the plaintiff the sugar-cane juice which would be the product of the 8 bighas of land mentioned in the contract and that this juice would be supplied at the rate of Rs. 34 per karda each karda being equivalent to 50 maunds. There was a provision in the deed that, if the juice supplied was not in value equal to the amount advanced then the plaintiff would be entitled to recover the balance to...
Musammat Dhola Kuar Vs. Mathura Singh
Court: Allahabad
Decided on: Jun-23-1922
Reported in: AIR1923All341; 75Ind.Cas.657
1. We are of opinion, that this appeal should be allowed. The point that was taken in the case was that, in the particular community in question to which the parties belong, the daughter of a Hindu did not inherit any part of the family property. There was a Record of Rights put forward in defence, which contained the following sentence: 'Musalman haq duhhtari dete hain: Hindu nahin dete. (The Muhammadans give to their daughters the rights due to them, but Hindus do not),' Mr. Uma Shankar Bajpai has said very fairly that that document is his sheet anchor. Besides that document, four witnesses went into the witness-box and deposed to what they said was a recognised custom, to the effect that a Hindu daughter had no right of inheritance. That custom,' if it exists, is, of course, in contravention of the prevailing rule of Hindu Law. A custom is, in our opinion, a matter which has to be proved with more thoroughness and with greater precision than a case which merely affects the parties w...
Gopi Khatik Vs. Emperor
Court: Allahabad
Decided on: Jun-23-1922
Reported in: 68Ind.Cas.35
Ryves, J.1. In revision, I do not think I am entitled to question the order itself, bat it seems to me that the learned Magistrate is wrong in repeating the sureties on the report of the Police. It has been laid down in this Court for many years that when sureties are offered, it is the duty of the Court to accept them, unless the Court itself is satisfied that they are not proper persons. With these remarks I order the record to be returned. The application is rejected....
Kuber Das Vs. Ram DIn Kalwar
Court: Allahabad
Decided on: Jun-22-1922
Reported in: AIR1923All14; (1923)ILR45All5
Grimwood Mears, C.J. and Piggott, J.1. The point taken on behalf of the plaintiff appellant is an ingenious one and, no doubt, entitled to consideration; but we are satisfied, on the whole, that the ruling referred to by the learned Judge of this Court does govern the present case and that the decision under appeal was correct.2. We dismiss this appeal with costs....
Shiam Sunder and ors. Vs. Emperor
Court: Allahabad
Decided on: Jun-22-1922
Reported in: 76Ind.Cas.572
Ryves, J.1. This is at application in revision by Shiam Sunder who has been convicted under Section 498 of the Indian Penal Cede and sentenced to 18 months' rigorous imprisonment and to pay a fine of Rs. 200. It appears that Musammat Ganga Dei, wife of the complainant, Sita Ram, left his house and that on the 6th of April 1921 Sita Ram made a report to this effect saying that he suspected two persons of having abducted her. Subsequently, Gendan Lal, a constable of thana Saurikh, brought this woman Ganga Dei and Musammat Khilia, another of the accused, to the thana having reason to believe that she had run away from her home. He made a report at the thana and there Musammat Ganga Dei's statement was also taken down. In consequence of that statement information was given to the husband, Sita Ram, and the woman was restored to him. Sita Ram afterwards brought this case against Shiam Sunder and others. The case was first thrown out by a Tahsildar Magistrate, and then on further enquiry end...
Peary Lal and anr. Vs. Jado Rai and anr.
Court: Allahabad
Decided on: Jun-22-1922
Reported in: AIR1923All15; 76Ind.Cas.618
1. In order to understand the point liaised by this appeal it is necessary to state the facts, out of which this appeal arises, in some detail. There were two separate suits tried together in the Court of a Munsif. In the suit registered as No. 423 of 1918 Musammat Radha and others sued Jado Rai and others, claiming an injunction rest aining the defendants from building upon the plot of land in question, which is situated between the bouses of the parties. The suit was brought upon the plea that the land in question belonged to the parties jointly. The substantia defence raised was that it was the sole property of the defendants Jado Rai and others. In the companion suit, registered as No. 462 of 1918, Jado Rai and others sought certain reliefs against Musammat Radha and ethers. One of these reliefs had to do with a window recently opened by the said defendants in their own house. The questions raised regarding this window have no bearing on the matter now before us, and we need not fu...
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