Allahabad Court March 1923 Judgments
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Ram Chand Khanna Vs. Gosawmi Ram Puri
Court: Allahabad
Decided on: Mar-28-1923
Reported in: AIR1923All513; 74Ind.Cas.379
1. The subject-matter of the dispute in this case is a small plot of land, No. 1293, situated in Ramapura, one of the quitters of the city of Benares. According to the finding of the Court below it has been used for the cultivation of suit trees The parties to the suit are Hindus and the plaintiff claimed to be entitled to pre-empt a sale of the plot in question made in favour of the defendant-appellant.2. It was alleged in the 4th paragraph of the plaint that a custom of pre-emption prevails in the city of Benares upon which the plaintiff relied for his right. It was further pleaded in the 6th paragraph of the plaint that the plaintiff had observed the preliminary formalities on hearing of the sale, from which it is to be understood that the plaintiff admits that pre-emption as exercised in Benares City must to sought and enforced in accordance with the procedure laid down by the Muhammadan Law.3. Both Courts have decreed the plaintiff's claim. In appeal the main contention is, that a...
Shimbhu NaraIn Vs. Emperor
Court: Allahabad
Decided on: Mar-28-1923
Reported in: 73Ind.Cas.526
Ryves, J.1. This is an unusual case. Shimbu Narain was convicted by a Magistrate of the First Class under Section 344 of the Indian Penal Code and sentenced to one day's detention, till the rising of the Court, and a fine of Rs. 200. His appeal was dismissed by the learned Sessions Judge of Farrukhabad and he comes here in revision. The facts are not disputed.2. Shimbhu Narain is a wealthy Zemindar and an Honorary Magistrate in the town of Kanauj. The charge against him is that of having wrongfully confined his brother, Maheshwar Narain , f OT more than ten days, in fact, from the 29th of March until the 3rd of July 1932. It appears that Maheshwar Narain is subject to fits of insanity, and, on such occasions, exhibits dangerous and violent tendencies. On or about the 29th of March he certainly became very violent and went about brandishing a sword and threatening to do violence to people. I think there is no doubt that on that date he was insane, and dangerously so. Shimbhu Narain had ...
Fateh DIn and ors. Vs. Kishen Lal
Court: Allahabad
Decided on: Mar-28-1923
Reported in: AIR1923All584; 73Ind.Cas.902
1. This appeal arises out of a suit in which a usufructuary mortgagee sued for his mortgage-money on the ground of not having obtained possession of the full property mortgaged to him. Two points were in issue and have been found by the Court below. In the first place, at the time of the mortgage it was stipulated that the mortgagors should payRs.76 a year as interest on the mortgage-money. The mortgagors executed a simultaneous kabuliyat which was really part of the same transaction, agreeing to rent the plots from the mortgagee at a lent of Rs. 76. At the time of fixing rent by the Revenue Court they objected that Rs. 76 was in excess of the rent which they were liable to pay as ex-proprietary tenants--the plot mortgaged was sir plot--and rent was fixed at Rs. 27-4-7. The learned District Judge has held in favour of the defenants-appellants on this point on the ground that the value of the security was not diminished within the meaning of Section 68 by this transaction. We are unable...
Hukum Chand Vs. Emperor
Court: Allahabad
Decided on: Mar-28-1923
Reported in: 73Ind.Cas.805
Ryves, J.1. In this case Hukum Chand was fined Rs. 10 under Section 426 of the Indian Penal Code for having removed some earth from two plots of land, one described as banjar and the other a grove, which were in the possession of the zemindar of the village, without his consent. We are not informed as to how much earth was taken. But evidently there was more than a mere handful or so because in the grounds of appeal in the Court below there is no ground taken to the effect that Section 95 of the Indian Penal Code would cover the case. The gravamen of the charge, of course, is that the applicant took this earth without getting the consent of the zemindar and the zemindar's karinda has brought this charge in support of the sacred rights of the zemindar. The defence was that the accused was only following the custom of the village and taking earth as every body else did when they wanted it. I do not think that the Criminal Courts were meant to decide questions which are really of a civil ...
Basha Nand Vs. Emperor
Court: Allahabad
Decided on: Mar-28-1923
Reported in: 77Ind.Cas.883
Walsh, J.1. This proceeding trust be quashed on the ground of fundamental error while declining to withhold my admiral on for the method adopted by the Assistant Collector in speedily disposing of a highly suspicious and complicated case. What the Assistant Collector Mr. J.P. Nicholson did was this: He had a civil dispute before him in which a highly complicated question had arisen between a Purest Official who seems to have been engaged in some transaction between himself and Baswan and Kadar Nath and some other people, and on a very shabby piece of paper with pen and ink these people put their heads together and proceeded to partition among themselves either their own or other people's money to their mutual satisfaction. The point in dispute in the civil suit was whether an entry or memorandum which is to be founded at the top of this shabby piece of paper is true or untrue. It represents a liability or an admission of liability in favour of the accused of a sum of Rs. 800. It does n...
Raja Lalta Prasad and anr. Vs. Ram Bahadur
Court: Allahabad
Decided on: Mar-27-1923
Reported in: AIR1923All546; 74Ind.Cas.349
1. The appellants in this case brought a suit in a Rent Court for the ejectment of the plaintiff-respondent from certain land.2. The respondent put forward the plea that he was the owner of the land and that it was grove land.3. The Rent Court took action, under Section 199 of the Tenancy Act and directed the respondent to file a suit in order to have the disputed question of title determined. It is out of this suit that this second appeal has arisen.4. In his plaint the respondent claimed to be the owner of the land in question as also of the trees situated upon it. He further claimed that he had sunk a well and had constructed a house on the land and he asked for a declaration of his proprietary title with respect to all this property. In the second paragraph of his plaint he stated that, even on the assumption that he was a grove-holder, the opposite party had no right in law to eject him.5. The Court of first instance dismissed the suit finding that the plaintiff was not the owner ...
Bishun Sarup Vs. Bindraban
Court: Allahabad
Decided on: Mar-27-1923
Reported in: AIR1923All531; 73Ind.Cas.446
Rafique, J.1. This appeal arises out of a suit brought by one Bindraban for the recovery of damages for malicious prosecution. It appears that Bindraban had a decree against the defendant-appellant which he proceeded to execute. The amin of the Court went to the house of the judgment-debtor and attached some articles. The defendant-appellant was away from home at the time and on his return he filed a criminal complaint of theft against Bindraban charging the latter with haying stolen a ring set with precious stones and a pair of silver anklets. Bindraban was tried for theft and acquitted. Thereupon, he filed the suit out of which this appeal has arisen for damages. The claim was resisted on various pleas. The Court of first instance dismissed the claim. On appeal the decree of the first Court was set aside and the appeal of Bindraban was allowed.2. In second appeal the defendant-appellant contends that the burden of proof was cast wrongly on him and that there should have been positive...
Faujdar Rai Vs. Sita Ram Tiwari
Court: Allahabad
Decided on: Mar-23-1923
Reported in: (1923)ILR45All490
Rafiq and Lindsay, JJ.1. The question raised in this second appeal is whether the custom of preemption upon which the plaintiff relied was proved.2. The only document put forward in proof of this custom was a wajib-ul-arz which was prepared in the year 1909, after a partition had taken place in the village. It seems to be the case that when partition is made it is the duty of the Collector or Assistant Collector to prepare a fresh record of rights. This, as is pointed out by the learned Counsel for the respondent, was laid down in the case reported in I.L.R., 22 All., 1.3. We take it, therefore, that this wajib-ul-arz prepared in the year 1909 can be looked at for the purpose of ascertaining whether it records a custom.4. The argument on behalf of the defendant appellant is that on the language of this document the courts ought not to hold that there is a record of custom but merely a record of contract, and in this connection reference is made to what was laid down in the case of Sura...
Sita Ram Tewari Vs. Foujdar Rai
Court: Allahabad
Decided on: Mar-23-1923
Reported in: AIR1923All525; 74Ind.Cas.315
1. The question raised in this second appeal is whether the custom of pre-emption upon which the plaintiff relied was proved.2. The only document put forward in proof of this custom was a wajib-ul-arz which was prepared in the year 1909 after a partition had taken place in the village. It seems to be the case that when partition is made it is the duty of the Collector or Assistant Collector to prepare a fresh, Record of Rights. This, as is pointed by the learned Counsel for the respondent, was laid down in the case reported as Dalganjan Singh v. Kalka Singh 22 A. 1 : A.W.N. (1899) 111 : 9 Ind. Dec. (N.S.) 1035 (F.B.) .3. We take it, therefore, that tins wajib-ul-arz prepared in the year 1909 can be looked at for the purpose of ascertaining whether it records a custom.4. The argument on behalf of the defendant-appellant is that on the language of this document the Courts ought not to hold that there is a record of custom but merely a record of contract and in this connection reference i...
Musammat Chandan Kunwar Vs. NaraIn Alias Girdhari
Court: Allahabad
Decided on: Mar-23-1923
Reported in: AIR1923All542; 73Ind.Cas.531
Walsh, J.1. I think this is a question of fact and that no question of law is raised. The decree which the successful decree-holder obtained directs the defendant to open the roshanians. It is a very unfortunate expression because the roshnadans are on the decree-holder's property and the decree did not mean that the defendant was to touch the decree-holder's property but to remove, the obstructions, which he has created, so as not to interfere with the plaintiff's right of light. The plaintiff complains that what the defendant has done in pretended compliance or attempted compliance with the decree does not in fact remove the obstruction or, in the words of the decree, 'open the roshandans.' The two grounds of appeal raised here are that there has been no compliance with the decree so far as the roshandans are concerned and that the decree entitles the decree-holder to light at an angle of 45 degrees which he has not got. I think the Latest authority in principle is to be found in the...
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