Allahabad Court May 1925 Judgments
Musammat Mohamdi Begam Vs. Tufail Hasan
Court: Allahabad
Decided on: May-26-1925
Reported in: 92Ind.Cas.260
1. This is a defendant's appeal arising out of a suit for redemption. It appears that on a previous occasion the plaintiff instituted a suit for redemption of this very mortgage and obtained a compromise decree in December 1916. The decree as framed was not in accordance with the compromise and was accordingly subsequently corrected in April 1924. The amended decree stood as follows:On payment of Rs. 225 to the defendant within one month of the date of the compromise the plaintiff would be entitled to get the property redeemed and put in possession but after the expiry of the fixed period he will be entitled to execute his decree on payment of Rs. 225. Parties shall bear their own costs.' The plaintiff failed to pay the amount in time and failed to apply for execution within three years. He however has brought a second suit for redemption of that property. The Trial Court dismissed the suit holding that the claim was barred by the provisions of Section 11, C.P.C. On appeal the learned ...
Tag this Judgment!East Indian Railway Vs. Brij Kishore
Court: Allahabad
Decided on: May-25-1925
Reported in: AIR1925All675
1. This is a revision by the East Indian Railway Company from a decree for damages passed by the Court of Small Causes at Bareilly. The learned Judge has overruled the objection of the Railway Company that they were protected by the risk note, Form 'B' on the ground that person who delivered the goods to the Company and signed the risk note was neither a consignor nor his authorized agent. There was a further defence by the Railway Company that the goods were lost in a running train robbery. The learned Judge has decided that issue in the negative.2. It is impossible to uphold the view of the Court below that the risk note is not binding on the consignor merely because it was not signed by him or his authorized agent. Section 72, Sub-section (2) of the Indian Railways Act provides that such agreement should be in writing signed by or on behalf of the person sending or delivering to the Railway Administration. It is therefore, clear on the language of the section that the signature of t...
Tag this Judgment!Jagamaya Dasi Vs. Tulsa and ors.
Court: Allahabad
Decided on: May-22-1925
Reported in: AIR1926All70
1. The plaintiff is the widow of Babu Amrit Lal Kundoo. On the 22nd February 1891, Buddhu took a lease of a plot of land measuring 3 biswas from Amrit Lal. Kundoo for building a house on an agreement to pay a ground rent of Re. 1-8 per year. The lease provided that in case the lessee transferred the materials of the house built by him on the said land, the lessor shall have a preferential right of purchasing them for 'a proper price' and that the transfer to any other person shall be valid only in case the lessor refused to take it.2. On the 7th June 1921 the Defendants Nos. 2 and 3 who are the legal representatives of Buddhu, one of the original lessees, sold one of the houses built on the land aforesaid to Mt. Tulsa for Rs. 150.3. The house was at that time in the occupation of a tenant, Mt Sundar. Mt. Tulsa sent a notice to Mt. Sundar to vacate the house which she did on the 13th June 1921, but before Mt. Tulsa could take possession of it, Mangru, the son of Buddhu, the original les...
Tag this Judgment!Jagannath Prasad and anr. Vs. Jugul Kishore and ors.
Court: Allahabad
Decided on: May-22-1925
Reported in: AIR1926All89
1. This appeal has been described to us at the opening of the arguments as a decree-holder's appeal, but as a matter of fact, it is hardly in this capacity as a decree-holder that the appellant initiated these proceedings at all. The case has occupied a very long time In argument as certain facts were not brought to our attention until the extreme end of the hearing. It may really be decided briefly. The appellant before us appeals from an order of the lower appellate Court upholding an order of the first Court dismissing his application under Order 40, Rule 4 Civil P.C. The appellant had been a party to some criminal and civil litigation in the course of which certain moveable property, which was in dispute had been entrusted, apparently in a more or less irregular manner, to one Shib Charan Lal whom we may for the purposes of this case only, describe as a Receiver. He had apparently occupied some such position in the criminal litigation under Ch. 12 of the Criminal P. C, and irregula...
Tag this Judgment!Kashi Prasad and anr. Vs. Mathura Prasad and ors.
Court: Allahabad
Decided on: May-22-1925
Reported in: AIR1926All145
1. This is an appeal in the execution department. It appears that on 19th March 1923, Babu Mathura Prasad and Harbans Prasad made an application for execution against the appellants here, namely, Kashi Prasad and Madan Mohan Prasad, to recover a sum of Rule 3,152.2. The appellants here challenged the application alleging that it had been made beyond time and was not maintainable. The Court below has held that the application is within limitation and now we have this appeal in which we are asked to find that the order of the Court below is wrong.3. The application now under consideration was based upon an order contained in a decree which was passed on 29th January 1917. That was a final decree in a partition suit. In that suit the present appellants were arrayed as the third set of defendants and Mathura Prasad and Harbans Prasad who have made this application for execution were arrayed as the first and fourth sets of defendants.4. Under the terms of the final decree passed by the Cour...
Tag this Judgment!Lakhan Singh and anr. Vs. Babu Ram
Court: Allahabad
Decided on: May-21-1925
Reported in: AIR1926All65
Sulaiman, J.1. This is a plaintiffs' appeal arising out of an order making a decree final. The original suit was one for redemption and it was decreed with the direction that the accounts would have to be taken before the preparation of the final decree. Certain account books have been filed by the mortgagee while the suit was pending and certain other statements of accounts were filed when the proceedings relating to the preparation of the final decree were started. The plaintiffs also filed copies of the patwari's papers. The learned Subordinate Judge came to the conclusion that the account books relied upon by the mortgagee were absolutely unsatisfactory and unreliable. He criticised them as being no better than waste paper. He thought that the mortgagee had not kept complete or clear accounts at all. He found that the mortgagee had not placed before the Court any proper account showing the actual collections made by him. Then he held that in the absence of proper accounts he could ...
Tag this Judgment!Faqir Chand and anr. Vs. Sant Lal
Court: Allahabad
Decided on: May-21-1925
Reported in: AIR1926All157a
1. This is an appeal by the judgment-debtors from an order passed in execution. Faqir Chand is the father and Mt. Srimati the widow of one Amir Chand against whom the respondent had obtained a money-decree in execution of which he attached his undivided share in the family house to the extent of one-half. After the attachment but before the sale Amir Chand died and the decree-holder wanted to proceed with the execution against the attached property in the hands of the father and the widow. Objections were raised on behalf of the father which have bean disallowed, hence this appeal.2. Two points have been urged before us, The first is that the effect of the attachment ceased as soon as Amir Chand died inasmuch as the property was undivided joint family property which has survived to the father. The second point is that the father is in no case the legal representative of the deceased Amir Chand.3. The first contention is contrary to what was laid down by their Lordships of the Privy Cou...
Tag this Judgment!Net Singh and ors. Vs. the Receiver of the Estate of Gajraj Singh and ...
Court: Allahabad
Decided on: May-20-1925
Reported in: AIR1925All467
Daniels, J.1. This is an appeal against an order of the District Judge of Jhansi refusing to set aside two alienations made by the insolvent after adjudication on the ground that this particular property does not vest in the receiver. The learned District Judge's order is so brief as to hardly amount to a judgment at all. He does not specify the nature of the property or give any reasons why it does not vest. He merely refers to a previous order of his which was passed on an application to prosecute the insolvent under Section 69 and which has no bearing on this question. Prom other papers on the record, however, it appears that the property is property to which the provisions of the Bundelkhand Alienation of Land Act of 1903 apply. The appellant before us is the principal creditor of the insolvent. The learned District Judge relied on Section 16 of the Bundlekhand Alienation of Land Act which says that no land belonging to a member of an agricultural tribe shall be sold in execution o...
Tag this Judgment!NaraIn Dutt Tewari Vs. Rudra Dutt Bhatt and anr.
Court: Allahabad
Decided on: May-20-1925
Reported in: AIR1925All654
Mukerji, J.1. This is a criminal case on the revision side of this Court. The Court took action of its own accord and sent for the record of the case.2. It appears that the opposite parties, Rudra Dutt Bhatt and Gauri Dutt Karnatak, were two accused persons who were called before a Migistrate to answer charges under Sections 423 and 477-A of the Indian Penal Code at the instance of one Narayan Dutt Tewari. The learned Magistrate, in a judgment in which he stated the facts and the evidence very clearly, came to the conclusion that on the facts found by him no offence under either of the sections had been made out. He accordingly discharged the accused persons. Narayan Dutt Tewari took the matter to the District Magistrate, and while the case was still before him, this Court sent for the record. The Magistrate, in sending on the record, recorded his opinion that there was no case made out under Section 423 of the Indian Penal Code, but there was enough material before the learned trying ...
Tag this Judgment!Shiva Nath Prasad Vs. Tulsi Ram
Court: Allahabad
Decided on: May-20-1925
Reported in: AIR1925All801
Sulaiman, J.1. This is an appeal by a Hindu son from a decree passed in execution against him. His father had made a mortgage in favour of the plaintiff decree-holder and a suit was instituted against him impleading his minor son. On behalf of the son it was pleaded that the debt was tainted with immorality and, therefore, the mortgage was bad and the son was not liable to pay the debt. The Court found that the debt was proved to have been tainted with immorality and therefore declined to pass a decree for sale on the basis of the mortgage-deed, but simply passed a money decree against the father personally. The decree-holder put the decree for money against the father in execution and attached the whole of the ancestral property including that which had been mortgaged. The Court below has allowed the objection of the son, so far as the attachment of his interest in the property is concerned, but has order ed execution against the interest of the father in the joint property. The son a...
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