Allahabad Court July 1924 Judgments
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Sagwa and ors. Vs. Bhagwan Das
Court: Allahabad
Decided on: Jul-02-1924
Reported in: AIR1925All119a; 82Ind.Cas.385
Kanhaiya Lal, J.1. The dispute in this appeal relates to a mango tree standing on the border or near the boundary of an occupancy plot No. 492 khasra occupied by the defendants. The plaintiff is the zamindar of the village. The tree recently dried up and fell down. The plaintiff thereupon sought to appropriate the fallen wood. The defendants interfered. The plaintiff accordingly filed the present suit for an injunction to restrain the defendants from interfering with the appropriation by the plaintiff of the fallen wood of the said tree, or, if the wood ha.6 meanwhile been removed, for the recovery of Rs. 18 on account of the value of the same. The Courts below decreed the claim, holding that according to the general custom the Zamindar was entitled to the wood of the said tree. A copy of the wajib-ul arz of the village was produced, which describes the rights of grove-holders but said nothing particular about the rights either of the zamindar or of the tenant to the fallen wood or dri...
Emperor Vs. Chanda and anr.
Court: Allahabad
Decided on: Jul-02-1924
Reported in: AIR1925All126
1. This case has been, referred to mo under Section 429 of the Criminal Procedure Code on account on a difference of opinion between two 3udgea of this Court. The case relates to the death of the girl named Mt. Shakuran who was married to the son of the two accused Chanda and Mt. Ramzano. The girl came to their house to reside as the wife of their son six or seven months before her death. Her age at the time of her death was 15 or 16 years. At the post-mortem examination the Civil Surgeon found an absence of fat in the body and other appearances which pointed to ill-nourishment extending over several months The parties are Muhammadan Telis. It is established that on the day before her death, namely, on 17th January last, the deceased had spilt some oil and her mother-in-law, the accused Mt. Ramzano, gave her a beating. The thing was done openly at about 8 a.m. in the view of a number of neighbours. The stick used is described as a twig or a branch of a tree. Several of the witnesses, b...
Ram Sarup Vs. Mt. Kataula and ors.
Court: Allahabad
Decided on: Jul-02-1924
Reported in: AIR1925All211; 83Ind.Cas.227
1. This is a defendant's appeal under Section 10 of the Letters Patent. The suit was for a declaration that the plaintiffs as members of a joint Hindu family have a right to two-thirds of the property in dispute detailed in the plaint and are entitled to get mutation of names effected in the revenue Court in their favour. There was also an alternative relief for possession in case they were found to be out of possession. The claim was contested by the defendants on the ground that the family had been separate at the time when Daulat Singh died. The Court of first instance came to the conclusion that the family was joint at the time of his death and did not think it necessary to consider whether it wa3 separate or joint at the time when the suit was instituted. The learned District Judge, however, came to the conclusion that the ordinary presumption of jointness had not been rebutted by any evidence at all and that really there was no evidence of separation at all.2. Beading his judgmen...
Karan Singh and ors. Vs. Ram Sahai
Court: Allahabad
Decided on: Jul-02-1924
Reported in: AIR1925All246; 83Ind.Cas.231
1. In this appeal the only question that arises for consideration is as to the amount which the lambardar had to give credit for in ascertaining the plaintiffs' share of the profits of the mahal. Before the partition, although the rental of one plot in question was recorded as being Rs. 75-3-9, in a previous litigation the plaintiffs were allowed their share of the profits on the basis of a fair rental payable. Subsequent to this litigation there was a perfect partition of this mahal, and certain co-sharers got their shares separated. It is, however, a fact that the lambardar as well as the present plaintiffs still remain co-sharers in the same mahal, which is a joint one. At the time of the partition the papers still showed the rent of this plot as being Rs. 75-3-9. The learned District Judge therefore came to the conclusion that though the papers contained this entry, there was nothing to show-whether the amount of rent and the nature of the holding were in issue in the partition pro...
Megi Mal and anr. Vs. Hira Lal and anr.
Court: Allahabad
Decided on: Jul-02-1924
Reported in: AIR1924All761; 82Ind.Cas.292
Boys, J.1. The only ground urged in this revision, is the fourth ground which was added by a subsequent application. It is suggested that because this case was transferred from the Court of a Judge of Small Causes to the Court of a Honorary Munsif that therefore the Honarary Munsif for the purpose of hearing the case became a Small Cause Court Judge and no appeal lay from his decision to the Subordinate Judge. This is to assume that, the transfer was under Section 24 of the Code of Civil Procedure, and to ignore the effect of Section 9 of Act II of 1896 under which the Honarary Munsif is appointed. He is declared by that section to be a Civil Court under the Bengal, North Western Provinces and Assam Civil Courts Act (Act XII of 1887) and under that Act an appeal lies from his decision to the Subordinate Judge. It is only necessary to add that the case was transferred to the Court of the Honarary Munsif under the provisions of Section 8 Clause 2 of Act II of 1896 and not under provision...
Baldeo Prasad Vs. Ram Autar and anr.
Court: Allahabad
Decided on: Jul-02-1924
Reported in: AIR1924All865; 82Ind.Cas.347
1. Two points have been urged in this appeal. It appears that the appellant purchased a bond from one Ghulam Mohi-ud-din and brought the suit, out of which this appeal has arisen, on foot of it. The bond was given on the, 6th of October 1914 by the father of the respondents. The defence was that there was no consideration for the bond, that it had been agreed between the parties that Ghulam Mohi-ud-din who was the landlord of the executant, would lease out certain lands to the executant and the executant would pay the consideration money of the bond as a premium or nazrana. No such lease having been executed, the bond was without consideration.2. The learned Judge of the lower Appellate Court found that the allegation of the defendants was correct and dismissed the suit. 3. In appeal it is contended that it was not open to the respondents, being the representatives of the late executant of the bond, to set up a plea that the bond was executed under circumstances other than those mentio...
Buddhoo Alias Gulab Dass Vs. Sheo Charan and Bhagwan Dass
Court: Allahabad
Decided on: Jul-02-1924
Reported in: AIR1924All875; 82Ind.Cas.328
1. This appeal arises out of a suit brought by the plaintiff to enforce a mortgage of a house belonging to the appellant Buddhoo. The appellant impeaches the transfer on the ground that it was made by his father as his guardian without legal-necessity. It was also suggested that his father was spendthrift and an immoral person, but this plea has now disappeared. The appellant's father Bhagwan Das was the certificated guardian of his son, and the mortgage was made with the sanction of the District Judge recorded under Section 31 of the Guardians and Wards Act. Both the Courts below have held that this sanction is prima facie evidence that the transaction was justified and that it was sufficient to relieve the creditor of the necessity of making any further enquiry. We think that this view is correct. It is the duty of the Court to which an application is made under Section 29 of the Act for sanction of the sale of a minor's property, to satisfy itself by enquiry that the transaction is ...
Gaya Pande Vs. Amar Deo Pande
Court: Allahabad
Decided on: Jul-02-1924
Reported in: AIR1924All787; 85Ind.Cas.498
1. We are of opinion that this appeal must succeed. We do not say that the defence is without merits for reason which will appear in a moment--but we are quite clear that our brother ought not to have interfered with the decision, of the lower Court, because he had no jurisdiction to hear the appeal. It is possible that he felt that the plaintiff was entitled to sympathy, and that he stretched a point in his favour. He certainly does not give any strong reason why he overruled the preliminary objection. The point is really quite simple. The plaintiff and the defendant joined in a document, which was a mortgage, whereby certain property was hypothecated in consideration of a loan, and they described themselves as mortgagors. Prima facie they were joint mortgagors or co-mortgagors. But a description of that sort which may be due either to the man who writes the document, or to carelessness of the lawyer who does not think it necessary to go into detail, cannot alter the fact, and in this...
Kirtarath Gir Vs. Muthara Prasad Ram and ors.
Court: Allahabad
Decided on: Jul-01-1924
Reported in: AIR1925All72
1. The judgment-debtor in this case is a permanent lessee or thekadar paying a certain rent to the zamindar. In the execution department in execution of a decree passed against him the learned Subordinate Judge has appointed a Receiver to collect rents recoverable by the thekadar from occupancy and non-occupancy tenants. He has come here in appeal in consequence. It was argued on his behalf that he was in the position of a non-occupancy tenant and his interest in the holding cannot be transferred except by way of lease of one year.2. It was contended that the order of the lower Court amounted to a transfer or the interest of a thekadar and was therefore invalid under the provisions of Section 20(3) of the Agra Tenancy Act. Reference was also made to Order 40, Rule 1 for the appointment of a Receiver where a Court is given power to order the removal of any person from the possession or custody of the property.3. The inference sought to be drawn, was that the property has been removed fr...
Dwarka Das Vs. Muhammad Ashfaqullah
Court: Allahabad
Decided on: Jul-01-1924
Reported in: AIR1925All117
Dalal, J.1. The Kayastha Bank had a decree against Ashfaq-ullah. Babu Dwarka Das applied for execution on 2nd November, 1918 for the first time on the ground that, the decree had been transferred to him by the Manager of the Bank acting on behalf of the Bank on 6th September,1918. On 3rd February, 1919, Dwarka Das's name was substituted. On 4th February, 1919, he applied for execution and this application was struck off. Another application was made on 12th April, 1920, with the same result. On 16th June, 1920, he applied again and during the pendency of this application Ashfaq-ullah paid Rs. 400 on 18th January, 1921, and at the same time prayed that, the money might not be paid to the decree-holder as he desired to object to the transfer in favour of this decree-holder, Dwarka Das. The execution application, however, was dismissed after part satisfaction without any direction that the money may not be paid to the decree-holder. On 26th October, 1922, another application for execution...
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