Allahabad Court July 1924 Judgments
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Kishori Mohan Vs. Chhanga Lal
Court: Allahabad
Decided on: Jul-22-1924
Reported in: 82Ind.Cas.1030
1. This application in revision came before one of the learned Judges of this Court and he referred the case to a Bench of two Judges, being of opinion that there was somewhat of a conflict between two cases decided by this Court, viz:Balgobind Rai v. Sheoraj Rai 46 Ind. Cas. 376 : 16 A.L.J. 451.Sahdeo Gir v. Deo Dutt Misir 29 Ind. Cas. 50 : 37 A. 323 : 13 A.L.J. 449.2. We shall consider whether there is really any conflict between the two cases or not in the course of this judgment. But it will be necessary to state the facts.3. It appears that the applicant before us was a defendant in a suit for sale, he having been treated as a subsequent purchaser. The Subordinate Judge passed a decree for sale on the 10th of December 1920. The decree that was framed was incorrect in so far as it ordered the payment of a larger sum than was really due on a proper calculation of the amount payable according to the judgment of the Subordinate Judge. The applicant submitted to the decree although it ...
Firm Kachauri Mal-kalyan Mal Vs. Firm Wali Muhammad Abdul Latif
Court: Allahabad
Decided on: Jul-21-1924
Reported in: AIR1925All154; 85Ind.Cas.341
1. This is an application in. revision asking this Court to set aside an order passed by the learned District Judge-of Cawnpore on appeal.2. It appears that the parties to this application are members of a sugar committee. Under the rules framed by the committee to which parties have committed themselves, all disputes arising among them should be referred to arbitration. A dispute arose and it was referred to arbitration. Ignoring this reference the plaintiff brought a suit in the Court of the Subordinate Judge of Cawnpore. The defendant applied under Section 19 of the Arbitration Act (Act IX of 1899) for a stay of the suit pending the making of the award. The Court of first instance ordered a stay. The plaintiff appealed and the learned District Judge has set aside the order. It is contended before this Court by the1 defendant that the District Judge had no jurisdiction to entertain an appeal and that his order should be set aside.3. The Arbitration Act of 1899 does not provide for an...
Harbaksh Singh Vs. Dal Bahadur Singh and ors.
Court: Allahabad
Decided on: Jul-21-1924
Reported in: AIR1925All155
Kanhaiya Lal, J.1. His Lordship after stating facts as set out above, proceeded:The present suit was filed by Alopi Din Singh for the possession of the house property, standing in plots Nos. 130, 130-A and 131 aforesaid including the leasehold rights possessed by Thakur Bajrang Bahadur Singh in the above land, against Har Baksh Singh for a declaration that he was She owner of the said property as the nearest reversionary heir of Thakur Bajrang Bahadur Singh. His allegation was that ha was in actual possession of the said property and that the defendant wrongfully got his name entered in the Municipal registers and on the strength thereof was denying the right of the plaintiffs and interfering with his possession.2. The defendant denied that the plaintiff was in possession of the disputed property and claimed to be entitled to the same as the senior male heir of the senior branch of the family, to which Thakur Bajrang Bahadur Singh belonged. He further pleaded that according to the cust...
Ganga Ram Vs. Lachman Singh and ors.
Court: Allahabad
Decided on: Jul-21-1924
Reported in: AIR1925All176; 85Ind.Cas.633
Kanhaiya Lal, J.1. This appeal arises out of a suit for the redemption of mortgage effected by Khaman Singh in favour of Shib Lal and Khen Karan on the 8th June, 1850. The Courts below have decreed the claim, allowing the plaintiffs, who are-the legal representatives of one of the heirs of the original mortgagor, to redeem their share on payment of a proportionate part of the mortgage money.2. The main question for consideration are whether the plaintiffs have a right to redeem the share in question and whether the claim in barred by limitation. It appears that Khaman Singh had two sons, Kehri Singh and Gangaram Singh. The share of Gangaram Singh passed to Khanjan Singh, who died leaving a widow Mi, Hem Kunwar, and a brother Mewa Ram Singh, each of whom divided his property by a mutual arrangement in equal shares. Mt. Hem Kunwar was succeeded by Pem Singh, one of the nephews of her husband, either by virtue of some gift or adoption. On the death of Mt. Hem Kunwar there was a dispute ab...
Ram AdhIn Vs. Ram Bharose and anr.
Court: Allahabad
Decided on: Jul-21-1924
Reported in: AIR1925All182; 85Ind.Cas.27
Dalal, J.1. We shall consider in this judgment the facts of Suit No. 83 of 1920. There is a connected revision relating to a decree passed in Suit No. 124 of 1920. To avoid confusion, we shall deal with the decree in the former suit as from the point of view of the respondents to this application, the decree in Suit No. 86 of 1920 is more in their favour.2. This Suit No. 86 of 1920 after various postponements was adjourned on the 23rd June, 1921, on the application of the defendant Ramadhin for the production of defence evidence. 3rd August, 1921, was the date fixed for hearing and on that date the defendant did not appear in person, nor did any pleader of his appear. He did not put forward any evidence for the defence. The Court thereupon wrote a judgment decreeing the plaintiff's suit for redemption.3. It is argued here on behalf of the respondents that the decree purports to be one passed under Order 17, Rule 3. No order or rule is mentioned in the judgment, but in the order sheet i...
Abdul Wahab and ors. Vs. Emperor
Court: Allahabad
Decided on: Jul-21-1924
Reported in: AIR1925All223; 95Ind.Cas.756
1. Eighteen men have been convicted by the Additional Sessions Judge of Moradabad under Section 396 of the Indian Penal Code. Three of them, Abdul Wahab Alices Habbu Khan, Muhammad Sayed Khan and Jamna Das have been sentenced to death. The rest have been sentenced to transportation for life. They all appeal.2. On the night of the 9th of May, 1923, between 10 and 11 p.m. the house belonging to Ram Sarup and Murli alias Murlidhar Bishnois in the village of Fakhanpur was plundered by dacoits. The gang found Murli and Ram Sarup sleeping just outside their house and capturing them, made them lead them into the house and show where the money and valuables were kept. The gang first rifled an iron-safe containing cash and ornaments of considerable value and then went on to plunder the house. They set fire to a quantity of straw in order to see what they were doing and also used two lanterns, one of which they had brought with them while the other they found hanging up in front of the house.3. ...
Har Bakhsh Singh Vs. Dal Bahadur Singh and ors.
Court: Allahabad
Decided on: Jul-21-1924
Reported in: 88Ind.Cas.255
Kanhaiya Lal, J.1. The dispute in this appeal relates to certain house property situated at Allahabad. The owner of the property was Thakur Bajrang Bahadur Singh, who died on the 16th November, 1900, leaving two widows, Musammal Harnath Kuer and Musammat Sartaj Kuer and a daughter Musammat Bhagwat Partab Kuer He was the Taluqdar of the Baispur Estate in the Partabgarh District, Oudh; and besides the Baispur Estate and the house property in dispute, he owned some zemindari property in the Partabgarh District known as the Sarai Murar Singh or Ramnagar property some other zemindari property and an occupancy holding in the Allahabad District, known as the Bahdaul property, and a house in Partabgarh and another large bungalow in Allahabad.2. On the death of Bajrang Bahadur Singh, the mutation of names was obtained in respect of the entire property situated in the Districts of Partabgarh and Allahabad by his senior widow, Musammat Harnath Kuer. Musammat Harnath Kuer built a new house on a po...
Bhola and ors. Vs. Emperor
Court: Allahabad
Decided on: Jul-18-1924
Reported in: AIR1925All62; 84Ind.Cas.860
Daniels, J.1. The appellants Bhola Singh, Nanhe, Jurri, Sardar, Likha Singh and Ram Sahai have been convicted under Section 402 of the Indian Penal Code of assembling for the purpose of committing dacoity and sentenced to seven years rigorous imprisonment each, the maximum sentence permitted by the section. Two of the appellants, Bhola and Sardar have also been convicted under Section 19(f) of the Arms Act and given separate sentences of three years rigorous imprisonment each.2. On the afternoon of 8th March last three of the accused, namely, Bhola, Nanhe and Ram Sahai, came to the village of Naigawan to the well for water. They were strangers to the village. Malkhan Singh, who was at his chaupal near by, became auspicious and noticed that Bhola had a pistol fastened round his neck under his clothing. Ho and others of the villagers, seized them and tied them up. Malkhan Singh had himself been in trouble with the police at one time and had possibly been asked by them to render assistanc...
Sukurwa Vs. Sheikh Nazir Ahmed
Court: Allahabad
Decided on: Jul-18-1924
Reported in: AIR1925All121
Dalal, J.1. This is a second appeal from a decree passed by the District Judge of Pilibhit reversing decree of the Munsiff of that place. There are several connected appeals and this order will govern them all. The suit was filed in the Civil Court for the recovery of cesses by a zamindar from tenants. Every suit referred to a separate tenant. It was said that these cesses were customary dues payable by these agricultural tenants in addition to rent and that the zamindar was entitled to recover them under Section 56 or 86 of the Land Revenue Act. The appellant's Counsel argued that cesses could be recovered only if they were held to be payable under those two sections and not otherwise, and his contention was that the cesses recorded by the Assistant Record Officer or Assistant Settlement Officer, Munshi Harbishan Dayal, did not comply with the provisions of either section. We shall examine the provisions of each section separately.2. Taking up Section 56 first, cesses which are payabl...
Sukurwa Vs. Sheikh Nazir Ahmad
Court: Allahabad
Decided on: Jul-18-1924
Reported in: 82Ind.Cas.1026
1. This is a second appeal from a decree passed by the District Judge of Pilibhit reversing a decree of the Munsif of that place. There are several connected appeals and this order will govern them all. The suit was filed in the Civil Court for the recovery of cesses by a zemindar from tenants. Every suit referred to a separate tenant. It was said that these, cesses were customary dues payable by these agricultural tenants in addition to rent and that the zemindar was entitled to recover them under Section 56 or 86 of the Land Revenue Act. The appellant's Counsel argued that cesses could be recovered only if they were held to be payable under those two sections and not otherwise, and his contention was that the cesses recorded by the Assistant Record Officer or Assistant Settlement Officer, Munshi Harbishan Dayal, did not comply with the provisions of either section. We shall examine the provisions of each section separately.2. Taking up Section 56 first--cesses which are payable by te...
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