Allahabad Court February 1924 Judgments
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Faqir Muhammad Vs. Bhagu Khan and ors.
Court: Allahabad
Decided on: Feb-18-1924
Reported in: 79Ind.Cas.371
Daniels, J.1. This is an appeal by the plaintiff Fakir Muhammad against the dismissal of his suit for arrears of rent against the defendants under the following circumstance. The three defendants, Bhaggu Khan, Abid Khan and Yakub Khan, are cultivating the plot in suit probably from the original occupancy tenant under a Sub-lease for five years the term of which had not expired. During the pendency of the sub-lease the occupancy tenant gave a lease of the same land to the plaintiff Fakir Muhammad. This lease was contrary to the provisions of Section 35 of the Tenancy Act and it is not now disputed that it was illegal. The plaintiff however, got one of the three sub-tenants, Abid Khan to execute a Kabuliyat in his favour. In this Court he relies on Section 116 of the Evidence Act and urges that Abid Khan having executed a Kabuliyat in his favour is precluded from denying his title and, therefore, even though the suit might be dismissed against the other defendants it should have been dec...
Balkaban Lal and ors. Vs. Malik Namdar and anr.
Court: Allahabad
Decided on: Feb-18-1924
Reported in: AIR1924All873; 78Ind.Cas.637
Daniels, J.1. The relationship of the parties to this suit would appear from the following pedigree: Keshri Narain | ------------------------------- | | Zalim Singh, Reghubir Sahai | | -------------------------------------------- | | | Daljit Lal, Balkaran Lal, Kamla Prasad, Respondent 2 Plaintiff 1 Plaintiff 2 | | ------------------------------------------------------- | | | | Basdeo Lal, Basant Lal, Sant Baksh, Sahdeo, Plaintiff 3 Plaintiff 4 Plaintiff 5 Plaintiff 62. Daljit Lal and Zalim Singh mortgaged the suit property in year 1898 to the defendant Malik Namdar. Malik Namdar subsequently brought a suit on his mortgage impleading the mortgagors and Daljit Lal's son Basdeo Lal-- The suit was compromised and resulted in a decree for sale of the property. This decree was made absolute in the year 1912 in proceedings to which the principal appellant Kamla Prasad was also a party as was also the first appellant Balkaran Lal. The plaintiffs in the suit out of which this appeal arises wer...
Jwala Prasad Vs. Irshad Muhammad Khan
Court: Allahabad
Decided on: Feb-15-1924
Reported in: AIR1925All50; (1924)ILR46All512
1. This appeal has been heard ex parte. The suit was one brought under the provisions of Section 160 of the Agra Tenancy Act (No. II of 1901). The plaintiff during the years to which the Suit refers stood recorded as the usufructuary mortgagee of a share of 16 biswas and odd in a certain mahal. By reason of this record he was compelled to pay the whole of the land revenue demand in respect of the said share.2. As a matter of fact a portion of the mortgage had been redeemed and the plaintiff was really in possession as mortgagee over a share of 81 biswas only. The defendant was the co-sharer in possession of the remainder. The Courts below differed on the plain question of fact, namely, whether the plaintiff had or had not during the years in suit enjoyed possession over the entire share of 16 biswas and odd. We do not agree with the learned Judge of this Court, where he appears to hold that the lower Appellate Court failed to determine this point. We have no doubt that the learned Dist...
Musammat Duega Kunwar Vs. Musammat Chunna Kunwar and ors.
Court: Allahabad
Decided on: Feb-15-1924
Reported in: 78Ind.Cas.633
Mukerji, J.1. The plaintiff in the Court of first instance is the appellant here. She brought this suit for recovery of certain property on the following allegations. Raj Bahadur and Kunwar Bahadur were two first paternal cousins. Raj Bahadur was the sole owner of the property in dispute. In the life time of Raj Bahadur there was a litigation between him and Kunwar Bahadur in which Kunwar Bahadur lost. On the death of Raj Bahadur, however, Kunwar Bahadur again laid claim to his property. The dispute was referred to three arbitrators on the 15th of August 1895 and they made an award the next day. (This is a registered document and a copy of which is on the record). By this document Kunwar Bahadur was to remain in possession of the property as a trustee for the plaintiff and was to pay her a certain amount of maintenance. On the death of Kunwar Bahadur the plaintiff became entitled to the possession of the property. But in his life-time, Kunwar Bahadur made a transfer and his transferees...
Jawala Prasad Vs. Irshad Mohammad Khan
Court: Allahabad
Decided on: Feb-15-1924
Reported in: 83Ind.Cas.245
1. This appeal has been heard ex parte. The suit was one brought under the provisions of Section 160 of the Agra Tenancy Act (II of 1901). The plaintiff during the years to which the suit refers stood recorded as the usufructuary mortgagee of a share of 16 biswas and odd in a certain mahal. By reason of this record he was compelled to pay the whole of the land revenue demand in respect of the said share. As a matter of fact a portion of the mortgage had been redeemed and the plaintiff was really in possession as mortgagee over a share of 81/4 biswas only. The defendant was the co-sharer in possession of the remainder. The Courts below differed on the plain question of fact, namely, whether the plaintiff had or had not during the years in suit enjoyed possession over the entire share of 16 biswas and odd. We do not agree with the learned Judge of this Court, where he appears to hold that the lower Appellate Court failed to determine this point: We have no doubt that the learned District...
Kanhaiya Ojha and anr. Vs. Jagrani Kunwar
Court: Allahabad
Decided on: Feb-14-1924
Reported in: (1924)ILR46All419
Piggott, J.1. This matter has been laid before me as Taxing Judge in order that I may pronounce an opinion as to the amount of court fee legally payable by the plaintiffs in the court of first instance, as also on their memorandum of appeal to the lower appellate court and in second appeal to this Court. There is a certain ambiguity about the wording of the plaint, although not, in my opinion, a material one. The suit was one by reversioners to the estate of a deceased Hindu against his widow in possession of the same. The relief sought is in the following words:It may be held that the plaintiffs have a right, and a perpetual injunction may be issued by the court to the defendant restraining her etc.2. If stress be laid on the fact that the words are 'it may be held', and not 'it may be declared', then this is a suit to obtain an injunction, classified in Section 7 of the Court Fees Act (No. VII of 1870) under Clause 4(d). On the other hand, in stating the valuation of the suit, the pl...
Muhammad Abdul Jalil Vs. Moti Ram
Court: Allahabad
Decided on: Feb-14-1924
Reported in: (1924)ILR46All509
Grimwood Mears, Kt., C.J. and Piggott, J.1. This is an appeal from a preliminary decree in which the defendants were held liable to account to the plaintiff for the profits in a Cotton Ginning Factory which had accrued on the shares originally held by one Kunwar Muhammad Abdul Ghafur Khan, a deceased ancestor of the plaintiff. The original defendants were Moti Ram and Lala Har Prasad. The latter died during the pendency of the suit and his heirs have been duly brought on the record. They have not appealed from the preliminary decree. Moti Ram, the present appellant, was sued in the character of an agent who had received moneys as and for the use of the plaintiff. He was alleged to be withholding a sum which with interest amounted to over Rs. 35,000. He admitted that there was a considerable sum of undistributed profit. The principals point upon which he relied as enabling him to retain this money was that the Company was an illegal association inasmuch as it consisted of more than 20 p...
Kandhaiya Ojha and anr. Vs. Musammat Jagrani Kuer
Court: Allahabad
Decided on: Feb-14-1924
Reported in: AIR1924All597; 79Ind.Cas.358
Piggott, J.1. This matter Las been laid before me as Taxing Judge, in order that I may pronounce an opinion as to the amount of Court-fee legally payable by the plaintiffs in the Court of first instance, as also on their memorandum of appeal to the lower Appellate Court and in second appeal to this Court. There is a certain ambiguity about the wording of the plaint, although not, in my opinion, a material one. The suit was one by reversionary to the estate of a deceased Hindu against his widow in possession of the same. The relief sought is in the following words:It may be held that the plaintiffs have a right and a perpetual injunction may be issued by the Court to the defendant restraining her, etc.2. If stress be laid on the fact that the words are it may be held, and not it may be declared, then this is a suit to obtain an injunction, classified in Section 7 of Court-Fees Act (No. VII of 1870) under Clause 4(d). On the other hand, in stating the valuation of the suit, the plaintiff...
Motiram Vs. Kunwar Muhammad Abdul Jalil Khan
Court: Allahabad
Decided on: Feb-14-1924
Reported in: AIR1924All414; 78Ind.Cas.441
1. This is an appeal from a preliminary decree in which the defendants were held liable to account to the plaintiff for the profits in a Cotton Ginning Factory which had accrued on the shares originally held by one Kunwar Muhammad Abdul Ghafur Khan, a deceased ancestor of the plaintiff. The original defendants were Moti Ram and Lala Har Prasad. The latter died during the tendency of the suit and his heirs have been duly brought on the record. They have not appealed from the preliminary decree. Moti Ram, the present appellant, was sued in the character of an agent who had received moneys as and for the use of the plaintiff. He was alleged to be withholding a sum which, with interest, amounted to over Rs, 35,000. He admitted that there was a considerable sum of undistributed profit. The principal point upon which he relied as enabling him to retain this money was that the Company was an illegal association inasmuch as it consisted of more than 20 persons and, therefore, violated the cond...
Mubarak-un-nissa Bibi and anr. Vs. Muhammad Raza Khan and ors.
Court: Allahabad
Decided on: Feb-13-1924
Reported in: AIR1924All384; (1924)ILR46All377
Lindsay and Kanhaiya Lal, JJ.1. The dispute in this appeal relates to the property of Sardar Khan, who died on the 24th of September, 1907, leaving two daughters, Musammat Mubarak-un-nissa and Musammat Bismilla Begam, who are the plaintiffs, and three grandsons Muhammad Raza Khan, Maqsud Khan and Daud Khan by a pre-deceased son, who are the defendants Nos. 1, 2. and 3. He also left a brother Mahmud Khan and a nephew, Nazar Muhammad Khan, who was the son of one of his pre-deceased brothers. Mahmud Khan had two sons, Usman Khan and Chhidda Khan. The plaintiff Musammat Bismilla Begam was married to Usman Khan, who died in the life time of Mahmud Khan.2. On the death of Sardar Khan his property was entered in the names of the defendants Nos. 1, 2 and 3. The plaintiffs took no steps to get their names entered in the revenue papers in regard to the share of the property now claimed by them. Their case was that the property in dispute devolved on the death of Sardar Khan on the plaintiffs to ...
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