Allahabad Court July 1924 Judgments
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ishwar Prasad and anr. Vs. Babu Bishunath Prasad Singh
Court: Allahabad
Decided on: Jul-10-1924
Reported in: AIR1925All567; 85Ind.Cas.627
Kanhaiya Lal, J.1. These appeals arise out of three suits brought by the present plaintiffs-respondents for the ejectment of certain tenants from their holdings on the allegation that they were non-occupancy tenants. The defendants pleaded that they were not the tenants of the plaintiffs and that they cultivated the land on behalf of Ishwar Prasad and Kuber Prasad the Mukararidars or inferior proprietors of the village and paid rent to them. An application was made by Ishwar Prasad and Kuber Prasad to be made parties to the suit, on which they were asked to file their written statements. Their defence was that they had an under-proprietary right to the whole village, in which the disputed land was situated and that they had been realising rents from the tenants from the settlement of 1289 F. as Mukararidars or inferior proprietors. The trial Court framed an issue on the point and came to the conclusion that the defendants intervenors had no rights in the village of a proprietary nature...
Baijnath Das Vs. Balmukand
Court: Allahabad
Decided on: Jul-10-1924
Reported in: 82Ind.Cas.321
Daniels, J.1. The question for decision in this reference is whether an appeal from an order passed on an application for restitution under Section 144 of the Civil Procedure Code requires to be stamped ad valorem under Article 1 Schedule 1 of the Court Fees Act as an appeal from a decree, or can be filed as an appeal from an order in execution on a Court-fee of Rs. 2. The suit out of which the reference arises was one claiming a declaration that the plaintiff was an owner in possession of a house which had been sold in execution and bought by the defendant-appellant. The first Court dismissed the suit. In appeal the suit was decreed for a one-third share in the house. The defendant had obtained possession of the entire house under the Trial Court's decree. The order under appeal has granted the plaintiff possession of a one-third in the house by way of restitution. The appellant's case is that the plaintiff could only obtain possession of his one-third share by means of a suit for par...
(Meer) Qurban Ali Vs. Shaikh Majid HussaIn and ors.
Court: Allahabad
Decided on: Jul-09-1924
Reported in: AIR1925All63
Kanhaiya Lal, J.1. Mt. Naurasi was the tenant of a certain holding from which the Zemindars sought to eject her. A settlement was subsequently arrived at between her and her husband Mata Badal on the one hard and the Zamindars on the other, whereby the latter granted a lease in perpetuity to Matab Badal of the same holding, giving, the lessee heritable and transferable fights. Sometime after this lease was executed Mata Badal and Mt. Naurasi made a possessory mortgage of the holding in favour of the predecessor-in-title of the present plaintiffs for a sum of Rs. 200, out of which Rs. 12 were taken for the payment of certain arrears of rent due to the Zamindars. The validity of the mortgage forms the subject matter of contention in this appeal.2. The Court of first instance found that the mortgage was invalid inasmuch as it offended against the provisions of Section 20 of the Agra Tenancy Act (II of 1901). The lower Appellate Court however came to the conclusion that the mortgage was va...
Dikshit and Co. Ltd. Vs. Mathura Prasad
Court: Allahabad
Decided on: Jul-09-1924
Reported in: AIR1925All71; 82Ind.Cas.21
1. This small case presents an interesting question of law.2. The respondent to this appeal was the plaintiff in the Court of first instance. He sued for recovery, inter alia, of a sum of Rs. 551. He was one of the directors of the defendant company who are now appealing in this Court. In paragraph 2 of the plaint the respondent says:The defendant company was constituted promoter and managing agent of the National Transport Service Company, Ltd. In this capacity, the defendant company entrusted this work to the plaintiff that he should select other directors for the said company and perform all the work in connection with the registration and promotion of the said company. As regards remuneration for this work, it was settled that the defendant company would pay Rs. 551 to the plaintiff besides travelling allowance.3. It is for recovery of this sum of Rs. 551 and for recovery of some other sums with which we are no longer concerned that the suit was brought.4. Numerous grounds of defen...
Bikram Jait Rai and ors. Vs. Mahant Darshan Das and anr.
Court: Allahabad
Decided on: Jul-09-1924
Reported in: AIR1925All141
Neave, J.1. This appeal arises out of a suit brought by Mahant Darshan Das for possession of certain property on the ground that it belonged to the math of which he had been duly elected mahant. The property in suit had been sold by one Mst. Subhagi to Gobind Rai and five other persons, Mst. Subhagi's claim to the property was that it had been given to her by Sheoraj Das a former mahant.2. The Trial Court found that the property belonged to the math and should not have been transferred by Sheoraj Das but holding that the plaintiff had failed to prove Ms own due election as mahant dismissed his suit.3. Darshan Das appealed and made Musammat Subhagi and all her transferees respondents. During the pendency of the appeal Gobind Rai died. No application was made to have his legal representatives made parties to the suit and no notice was taken of his death in the lower Appellate Court.4. The learned Judge found that Darshan Das had proved his title and decreed his-suit against all the respo...
Lalman and ors. Vs. Kalka Prasad and ors.
Court: Allahabad
Decided on: Jul-09-1924
Reported in: AIR1925All213
1. This appeal must succeed.2. The respondent, Kalka Prasad, brought the suit out of which this appeal hag arisen on foot of a mortgage bond, dated the 20th June 1904, for sale of a certain property which admittedly belonged to one Tika. The parties to this suit ware a large number of people and the relationship among them is described in the pedigree to be found at page 7 of the printed record. The plaintiff's case was that the entire family of the defendants was a joint one and three persona, namely, Misra, Jaijai Ram and their mother Mt. Ganeshi executed a mortgage on behalf of the entire family. The pedigree will show that Mt. Ganeshi had five sons one of whom was Tika. The appellants before this Court are two song of Tika and a son of one of these.3. The suit was defended by the appellants alone and it was contended that they were not liable. It appears that, in the Court of the first instance the plaintiff said that although he had brought a suit against so many defendants he wou...
Bikramajit Rai and ors. Vs. Mahanth Darshan Das and anr.
Court: Allahabad
Decided on: Jul-09-1924
Reported in: 82Ind.Cas.26
Neave, J.1. This appeal arises out of a suit brought by Mahanth Darshan Das for possession of certain property on the ground that it belonged to the math of which he had been duly elected Mahanth. The property in suit had been sold by one Musammat Subhagi to Gobind Rai and five, other persons. Musammat Subhagi's claim to the property was that it had been given to her by Sheoraj Das a former Mahant.2. The Trial Court found that the property belonged to the math and should not have been transferred by Sheoraj Das but holding that plaintiff had failed to prove his own due election as Mahant dismissed his suit.3. Darshan Das appealed and made Musammat Subhagi and all her transferees respondents. During the pendency of the appeal Gobind Rai died. No application was made to have his legal representatives made parties to the suit and no, notice was taken of his death in the lower Appellate Court.4. The learned Judge found that Darshan Das had proved his title and decreed his suit against all ...
Meer Qurban Ali Vs. Shaikh Majid HusaIn and ors.
Court: Allahabad
Decided on: Jul-09-1924
Reported in: 82Ind.Cas.289
Kanhaiya Lal, J.1. Musammat Naurasi was the tenant of a certain holding from which the zemindars sought to eject her. A settlement was subsequently arrived at between her and her husband, Mata Badal, on the one hand and the zemindars on the other, whereby the latter granted a lease in perpetuity to Mata Badal of the same holding, giving the lessee heritable and transferable rights. Some time after this lease was executed Mata Badal and Musammat Naurasi made a possessory mortgage of the holding in favour of the predecessor-in-title of the present plaintiffs for a sum of Rs. 200, out of which Rs. 12 were taken for the payment of certain arrears of rent due to the zemindars. The validity of the mortgage forms the subject-matter of contention in this appeal. The Court of First Instance found that the mortgage was invalid, inasmuch as it offended against the provisions of Section 20 of the Agra Tenancy Act (II of 1901). The lower Appellate Court, however, came to the conclusion that the mor...
Behari Lal Vs. Shiva NaraIn and ors. and
Court: Allahabad
Decided on: Jul-09-1924
Reported in: 84Ind.Cas.631
Mukerji, J.1. These two appeals arise out of the same suit, No. 1 of 1920, instituted in the Court of the District Judge of Farrukhabad under Section 92 of the C.P.C.2. One Narain Das was the owner of a large property, consisting of zemindaris, bonds, moveables, etc. These were all his self-acquired properties. He executed a Will on the 11th of September 1901 the effect of which will have to be considered in greater detail later on. Suffice it to say for the present that, thereby, he gave one-half of the property to his wife absolutely and he directed that the income from the other half should be spent on certain charities connected with the Arya Samaj religious rites and education of boys and girls. He had a wife's brother in Behari Lal, the appellant in Appeal No. 131 of 1921. He directed by the Will that Behari Lal should manage the property and render accounts to his wife. He also desired that a party of five gentlemen, including Behari Lal himself, should form an advisory board fo...
Mahadeo Prasad Vs. Anandi Lal and ors.
Court: Allahabad
Decided on: Jul-08-1924
Reported in: AIR1925All60; 92Ind.Cas.348
1. The question of law which is raised in this appeal is whether a charge which does not amount to a mortgage can be enforced against a transferee for value without notice of the charge. The Court below, relying on the decision in Maina v. Bachchi (1906) 28 All. 655 has held that it can. The appellant contests this proposition. The plaintiff-respondent supports it, but in addition contends that on the finding of fact of the Court below the question does not really arise. He relies also on the fact that the appellant's title was acquired at9 execution sale and not by private conveyance.2. The property in dispute consists of a m half share in three houses Nos. 29, 45 and 66, situated in the city of Allahabad. The m plaintiff, Anandi Lai, was at the institution of the suit the holder of a decree for Rs. 704-9-0 against first defendant, Sham Lal, and seeks to enforce by the sale of these houses. The houses originally belonged to the plaintiff and his cousin, Kalyan Chand, in equal shares. ...
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