Allahabad Court January 1923 Judgments
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Ramji Das and anr. Vs. MihIn Lal
Court: Allahabad
Decided on: Jan-25-1923
Reported in: AIR1923All441; 71Ind.Cas.654
Daniels, J.1. This is a second appeal in a suit for redemption of a mortgage alleged to have been executed in 1865. The defendants-appellants denied the existence of the mortgage. No notice was served on them to produce it, but it is not seriously disputed that if it was in their possession the nature of the suit was sufficient to give them notice that they must produce it and that the plaintiffs were entitled to produce secondary evidence. It is settled law that the plaintiff must prove the mortgage which he sets up Sheo Prasad v. Lalit Kuar 18 A. 403 : A.W.N. (1896) 132 : 8 Ind. Dec. (N.S ) 975. The lower Appellate Court has found on the basis of various items of documentary evidence that the property was originally mortgaged to the defendants. The documentary evidence gives no assistance as to the date of the mortgage nor does it in any way show that it was the mortgage in suit. To supply this defect two witnesses were produced. The learned Judge of the Court below has rejected one ...
Lalta Prasad Vs. Kharga and anr.
Court: Allahabad
Decided on: Jan-25-1923
Reported in: AIR1923All313; 67Ind.Cas.219; 71Ind.Cas.773
Lindsay, J.1. This application for revision calls in question the propriety of an order passed by the learned District Judge of Farrukhabad, on the 16th of February 1922.2. The case has arisen in the following way. A suit was filed in the Court of the First Class Assistant Collector by Lalta Prasad, plaintiff, against Kharga and other defendants. This suit was framed as a suit for resumption of a muafi under Section 150, read with Section 154, of the Agra Tenancy Act (II of 1901).3. By way of defence to the suit the defendants pleaded (1) that the land was not capable of resumption, inasmuch as it was abadi land and not agricultural land, and (2) that by reason of certain facts they had become the proprietors o the land in question. The defendants pleaded that they had held the disputed land in circumstances which gave them the right under Section 158 of the Tenancy Act to be deemed proprietors.4. Three issues were framed by the Assistant Collector, (1) whether the land in suit was aba...
S.T. Gadre Vs. Brijnandan Saran
Court: Allahabad
Decided on: Jan-25-1923
Reported in: AIR1923All319; 84Ind.Cas.538
Lindsay, J.1. This is an application for revision of an order passed by the Second Subordinate Judge of Cawnpore in exercise of Small Cause Court powers.2. On the facts stated the case is a hard one on the applicant for revision, but I have come to the conclusion after hearing the learned Counsel that it is not possible for me to interfere.3. The facts are as follows: The applicant here was the defendant in a suit which was brought for the recovery of arrears of rent. That case was instituted in the Court of the Judge, Small Cause Court of Cawnpore.4. Under an order of the learned District Judge the case was transferred for disposal to the Court of the Second Subordinate Judge of Cawnpore and it was decided ex-parte on the 28th of June 1922.5. The Second Subordinate Judge of Cawnpore on his date was Babu Aghore Nath Mukerji.6. On the 28th of July 1922 the defendant filed an application to have the ex parte decree which had been passed against him set aside. This application was admitte...
Babu NarIn Das Vs. Behari Kahar
Court: Allahabad
Decided on: Jan-25-1923
Reported in: AIR1924All724; 78Ind.Cas.844
Ryves, J.1. The suit out of which this appeal arises was brought by Babu Narain Das v. behari Kahar Narain Das against three defendants (1) Behari Kahar, (2) the Municipal Board of Gorakhpur, and (3) the Secretary of State. The plaintiff was the owner of a house or adjoining houses lying to the south and west of two triangular pieces of land lying between the northern and eastern walls of his house or houses and the street, painted pink in the Map forming part of the decree of the trial Court. The land in question was nazul, that is to say, belonged to Government and that is why the Secretary of State was made a party. It had been handed over to the Municipal Board by Government for management and the Municipal Board had leased it to Behari Kahar on the 23rd of January 1918 for a period of 30 years for building purposes. The plaintiff oame into Court on the allegation that Behari Kahar had made certain constructions on the northern portion of this land which interfered with his right o...
Emperor Vs. Musammat Anandi
Court: Allahabad
Decided on: Jan-24-1923
Reported in: (1923)ILR45All329
Ryves, J.1. Musammat Anandi was convicted by the learned Sessions Judge of Muttra of the murder of a boy, Har Charan, and sentenced to transportation for life. She has appealed. There is no doubt whatever that the child Har Charan was left alone in the house with Musammat Anandi on the morning of the 19th of October, 1921, while the other women inmates of the house had gone to the village well. The male members of the family were already out at work in the fields. When the women returned from the well they found the outer door chained from the inside. It was opened by the accused, and they noticed blood about, and on the cot on which the child had been sleeping when they left the house they found the dead body of the child with its throat cut. The accused apparently was in the same room. They asked the accused what she had done and she said that she had destroyed Poorna's issue. A report was made and the accused was taken into custody that same day. It is in evidence that she attempted...
Musammat Sukhrani Kunwar Vs. Bhukhan Singh and ors.
Court: Allahabad
Decided on: Jan-24-1923
Reported in: 71Ind.Cas.628
1. This is a plain case. Under the United Provinces Town Improvement Act, No. VIII of 1919, of the Local Legislature, a tribunal has been constituted which, according to Section 57 of that Act, has to perform the functions of the Court with reference to the acquisition of land for the Trust under the Land Acquisition Act of 1894. In other words, the new tribunal is substituted for the old Court with which every body is familiar under the 1894 Act. The constitution of that Court is provided for by Section 59 which covers all possible contingencies and provides for the appointment of a person to fill a vacancy created by a member of the tribunal who is absent either from illness or other unavoidable cause. For some reason or another, which is immaterial for the purpose of this judgment, the Acquisition Officer referred a question arising under the Town Improvement Act to the District Judge, although a question arising in respect of the acquisition of the same land by the Improvement Trus...
Musammat Anandi Vs. Emperor
Court: Allahabad
Decided on: Jan-24-1923
Reported in: AIR1923All327; 71Ind.Cas.689
Ryves, J.1. Musammat Anandi was convicted by the learned Sessions Judge of Muttra of the murder of a boy Har Charan and sentenced to transportation for life. She has appealed. There is no doubt whatever that the child, Har Charan, was left alone in the house with Musammat Anandi on the morning of the 19th of October 1921 while the other women inmates of the house had gone to the village well. The male members of the family were already out at work in the fields. When the women returned from the well they found the outer door chained from the inside. It was opened by the accused and they noticed blood about and on the cot on which the child had been sleeping when they left the house; they found the dead body of the child with its throat cut. The accused apparently was in the same room. They asked the accused what she had done and she said that she had destroyed Poorna's issue. A report was made and the accused was taken into custody that same day. It is in evidence that she attempted to...
Ram Harakh Pandey Vs. Babu Chuni Singh and ors.
Court: Allahabad
Decided on: Jan-23-1923
Reported in: AIR1923All446; 71Ind.Cas.649
Daniels, J.1. This appeal arises out of a suit for possession of plot No. 96 according to the old numbering and 130 according to the new numbering in the village of Senuapur in the Gotakhpur District. The facts found by the Court below are that the land was occupied up to 1308 Fasli by a tenant. In that year the tenant left the land, and the plaintiff's father, and after him the plaintiff took actual recession of it as khud-kasht and remained in possession till 1316 Fasli, In 1317 Fasli the plaintiff handed ever possession to the defendant in lieu of the interest on a loan advanced by the defendant to the plaintiff. In Fasli 1321 the plaintiffs re-paid the loan and got back actual possession of the plot from the defendant. In 1322 the defendant ousted, the plaintiff again and took possession of the plot. The suit was contested in the Co-arts below on grounds of fact which have been found against the defendant. In this Court the defence put forward is based on the fact that in the year ...
Hulas Rai Vs. P. Sohan Lal
Court: Allahabad
Decided on: Jan-23-1923
Reported in: AIR1923All443; 71Ind.Cas.620
Daniels, J.1. This appeal arises out of a suit for an injunction to restrain the defendant from carrying on business of repairing and manufacturing iron pans in a room adjoining the plaintiffs' residential house. The suit his been decreed by the Court below. The facts found are that the plaintiff and defendant are next-door neighbours with only a partition between their two houses. The defendant has commenced business for making iron pans for the manufacture of sugar in his house. In the coarse of his business the pans have to be hammered, and hammers weighing two seers and more are used in the process. The learned District Judge has found, and on the facts the finding is incontestably right, that this hammering causes noise which materially interferes with the comfort of the plaintiff in the occupation of his house, and which is sufficient to entitle the plaintiff to an injunction. It is pleaded on behalf of the appellant that the hammering only takes place in certain months 01 the ye...
Shakur Vs. Husaini Bibi and anr.
Court: Allahabad
Decided on: Jan-23-1923
Reported in: AIR1923All447; 71Ind.Cas.653
Daniels, J.1. The only question in this appeal is one of adverse possession. The plaintiffs are two sisters. The original defendant was their brother. He has died and his sons, Chhedi and Shakur, have been substituted in his place. The plaintiffs claimed their share in three houses which originally belonged to the father of the parties. The suit is governed by Article 144 of the Limitation Act. It is admitted that the plaintiffs have never been in actual possession of the house, but the Courts below have accepted the principle that the possession of the brother was on behalf of himself and his sisters and, therefore, was not adverse. This principle is not disputed by the defendants-appellants. They claim that the case is taken out of the principle by virtue of the fact that the brother, Karim Bakhsh, executed two deeds of gift in favour of his sons in the year 1908. One of these was just within the twelve years' period of limitation, but the other was just before it, and it is this gif...
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