Allahabad Court January 1924 Judgments
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Rao Adya Saran Singh Vs. Jagannath
Court: Allahabad
Decided on: Jan-18-1924
Reported in: 78Ind.Cas.391
1. This is an application of a somewhat unusual character. It is perhaps advisable that we should explain precisely the circumstances under which it comes to be presented. The suit out of which it arose was one filed in the Court of an Assistant Collector. The plaintiff in that suit, alleging himself to be the proprietor of certain land in the possession of the defendant as a rent-free grantee, claimed to resume the said grant under the provisions of Section 154 of the Local Tenancy Act (II of 190l). The trial Court fixed a large number of issues and decided all of them. In substance, it came to the conclusion that the plaintiff was entitled to the relief claimed and it decreed that relief accordingly. There was an appeal by the defendant to the Court of the District Judge and it is not denied that, under the circumstances, an appeal lay to that Court. The District Judge came to the conclusion that the land in possession of the defendant was not liable to resumption under Section 154 a...
B. Kishun Dayal Sahi Vs. Lt. Sahibzada Ravi Pratab NaraIn Singh and or ...
Court: Allahabad
Decided on: Jan-17-1924
Reported in: 78Ind.Cas.389
Mukerji, J.1. The sole question for determination in this appeal is, whether a landlord can sue the usufructuary mortgagee of an occupancy tenancy for rent.2. The respondent brought the suit out of which this appeal has arisen for recovery of rent of an occupancy holding from two sets of defendants. The appellant who was the mortgagee with possession constituted the second set. He pleaded that there was no relationship of landlord and tenant between him and the plaintiff and he could not be held liable for the rent, The suit failed as against the appellant in the Court of first instances, but the learned Additional Judge of Gorakhpur decreed the suit against the appellant as well.3. For the respondent Mr. Haribans Sahai argued that the mortgagee had been paying rent and thereby converted himself into a tenant. But there was no such allegation of the plaintiff in the Court below and there was no such finding. No doubt, the principal tenants said that the mortgagee had been paying rent a...
Allah Dia and anr. Vs. RahimuddIn and ors.
Court: Allahabad
Decided on: Jan-16-1924
Reported in: AIR1924All520; 78Ind.Cas.166
1. We think that this application in revision ought to succeed. We do not think that the learned Judge was justified in rejecting the application on any ground, and he certainly was not justified in rejecting it on the ground which he has given. A mistake in the final form of an order may well be due to an original mistake made by the party or his lawyer in making the application. That is not a reason for refusing to correct a mistake, otherwise there would be no object in the legislature giving the Courts jurisdiction to correct mistakes. Mistakes of the kind which may be described as clerical, or due to an oversight between a decree nisi and a decree absolute, are in the majority of cases the mistake or slip of the party who sets the Court in motion. The application made to the learned Judge was a very ordinary one for amendment, and it ought to have been decided on the merits. We take it that the learned Judge was satisfied that there had been a mistake. He says that if there was on...
Nema Singh Vs. Musammat Kulsum-un-nissa
Court: Allahabad
Decided on: Jan-16-1924
Reported in: 86Ind.Cas.392
Mukerji, J.1. The respondent-brought a suit for recovery of arrears of rent and included in it a small item which was described as 'raqam sawai.' It was a claim for Rs. 2-2-3 said to be due on account of weighment fee and bhusa. The Court of first instance dismissed the suit with respect to this 'raqam sawai, but the learned Judge on appeal decreed this portion of the claim. It has been contended that this 'raqam sawai is in the nature of a cess and could not be recoverable, without having been recorded by the Record Officer. But the lower Court finds, and I also find from the evidence of the patwari,' that a certain amount of money was recorded as payable as 'raqam sawai' by the tenants, at the last settlement. This disposes of the contention of the appellant on this point. It was next urged that a claim for a cess could not be maintained in the Revenue Court. But the question of jurisdiction does not appear to have been raised in the Courts of first instance. At any rate, when there ...
Brij Ballab Das and ors. Vs. Mahabir Prasad
Court: Allahabad
Decided on: Jan-15-1924
Reported in: AIR1924All209; 78Ind.Cas.167
1. The learned Judge has gone wrong over this case. The language may be, to persons to whom it is not familiar, somewhat difficult to apply, and it is useful to have a complete knowledge of the whole Act before selecting one passage from a particular section, and construing that by itself. The learned Judge seems to think that the fact that the plaintiffs were able to put into the terms of a money sum, the compensation for the loss which they would probably suffer if they could not get the lease that they wanted, was in itself equivalent to saying that such sum was adequate compensation. It is quite dear that the plaintiffs did not say that. In fact, the plaintiffs really said just the reverse. They asked Co (specific performance, and it was only in the final alternative that they claimed a sum to recoup their loss as estimated by them as damages if their claim for specific performance was not allowed. But the plaintiffs were claiming what they were prima facie entitled to, namely, a l...
Aisha Bibi Vs. Mahfuz-un-nissa Bibi and ors.
Court: Allahabad
Decided on: Jan-09-1924
Reported in: (1924)ILR46All310
Lindsay and Sulaiman, JJ.1. This appeal has arisen out of a suit for sale on a mortgage.2. The mortgage was executed on the 11th of January, 1909, in favour of Sheikh Shahab-ud-din, the husband of the plaintiff, since deceased.3. The mortgage was executed by one Muhammad Aizaz Ali Khan, the second defendant in the case. He purported to execute this deed as the general attorney of his wife Musammat Mahfuz-un-nissa who was impleaded as the first defendant.4. The sum borrowed under the mortgage was Rs. 3,000. There was a personal covenant to pay and a further covenant that in the event of failure to pay, the mortgaged property might be brought to sale. The property, it may be remarked, was the property of Musammat Mahfuz-un-nissa.5. The two defendants, Mahfuz-un-nissa and Muhammad Aizaz Ali Khan, set up separate defences. The lady took the line of defence that she was no party to the mortgage-deed. She did not deny that her husband had executed the mortgage in question, although we find a...
Yakub Ali and ors. Vs. Dhan Singh
Court: Allahabad
Decided on: Jan-09-1924
Reported in: (1924)ILR46All316
Stuart, J.1. This appeal raises a question of some importance. The facts are as follows:The plaintiffs appellants are, according to the statements in the plaint, residents of Bulandshahr city. They own zamindari in the village of Bahlimpura. The defendant respondent is an occupancy tenant in Bahlimpura, holding 8 bighas and 3 biswas in occupancy tenancy. The plaintiffs sued the defendant for the rent of 1327 Fasli, that is to say, 1919-20, and calculated the rental on a grain basis according to which it amounted to about Rs. 160, which worked out to Rs. 20 a bigha. In the plaint it was admitted that the entry in the revenue papers showed that the defendant was liable only to pay Rs. 61 as cash rent and the plaint contained the argument--plaints in revenue courts frequently are argumentative--that a mistake had been made and that somehow or other the rent had been commuted from grain rent to cash rent without the knowledge of the plaintiffs or their ancestors. The argument continued tha...
Musammat Aisha Bibi Vs. Musammat Mahfuz-un-nissa Bibi and ors.
Court: Allahabad
Decided on: Jan-09-1924
Reported in: 78Ind.Cas.180
1. This appeal has arisen out of a suit for sale on a mortgage.2. The mortgage was executed on the 11th of January 1909 in favour of Sheikh Shahab-ud-din, the husband of the plaintiff, since deceased.3. This mortgage was executed by one Muhammad Aizaz Ali Khan, the second defendant in the case. He purported to execute this deed as the general attorney of his wife Musammat Mahfuz-un-nissa who was imp leaded as the first defendant.4. The sum borrowed under the mortgage was Rs. 3,000. There was a personal covenant to pay and a further covenant that, in the event of failure to pay the mortgaged property might be brought to sale. The property, it may be remarked, was the property of Musammat Mahfuz-un-nissa.5. The two defendants Mahfuz-un-nissa and Muhammad Aizaz Ali Khan set up separate defences. The lady took the line of defence that she was no party to the mortgage-deed. She did not deny that her husband had executed the mortgage in question, although we find a statement to this effect i...
Yaqub Ali and ors. Vs. Dhan Singh
Court: Allahabad
Decided on: Jan-09-1924
Reported in: 78Ind.Cas.863
Stuart, J.1. This appeal raises a question of some importance. The facts are as follows:2. The plaintiffs-appellants are, according to the statements in the plaints, residents of Bulandshahr City. They own Zemindari in the village of Bahlimpura. The defendant-respondent is an occupancy tenant in Bahlimpura holding 8 bighas and 3 biswas in occupancy tenancy. The plaintiffs sued the defendant for the rent of 1327 Fasli, that is to say 1919--20, and calculated the rental on a grain basis according to which it amounted to about Rs. 160 which worked out to Rs. 20 a bigha. In the plaint it was admitted that the entry in the revenue papers showed that the defendant was liable only to pay Rs. 61 as cash rent and the plaint contained the argument plaints in Revenue Courts frequently are argumentative that a mistake had been made and that, somehow or another, the rent had been commuted from grain rent to cash rent without the knowledge of the plaintiffs or their ancestors. The argument continued...
Abdul Shakur Vs. Muhammad Matin
Court: Allahabad
Decided on: Jan-07-1924
Reported in: AIR1924All307; (1924)ILR46All414
Stuart and Mukerji, JJ.1. The facts which have given rise to this appeal are these. There were two decrees, one No. 15 of 1912, in favour of one Parsidh Narain and against the judgment-debtor Muhammad Matin. There was another decree, No. 95 of 1912, in favour of Abdul Shakur against the same judgment-debtor Muhammad Matip. The decree No. 95. of 1912 ordered the sale of some property which was included in the decree No. 15 of 1912. In fact the decree No. 15 of 1912 was passed on an earlier mortgage. The two decrees were put into execution and the property involved being ancestral, they were sent to the Collector for execution. The subsequent mortgagee Abdul Shakur satisfied the earlier decree No. 15 of 1912 on the 18th of September, 1914. He then asked the Subordinate Judge that the amount of the prior decree should be added to the amount due under his own decree, namely, decree No. 95 of 1912. The learned Subordinate Judge by order dated the 3rd of July, 1915, found that this could not...
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