Allahabad Court November 1927 Judgments
Damber Singh Vs. Chhedu Singh and ors.
Court: Allahabad
Decided on: Nov-30-1927
Reported in: AIR1928All194a; 114Ind.Cas.41
Lindsay, J.1. A preliminary objection has been taken to the hearing of this first appeal, namely, that the appeal is not competent. The objection arises in this way: There was pending before the Subordinate Judge a suit No. 135 of 1923, brought by Chhedu Singh and others against a large number of defendants. That suit was a suit for sale on a mortgage bearing the date 18th November 1913. But the plaintiffs also claimed to be entitled to bring to sale the property of the mortgagors in satisfaction of a certain decree which had been passed in favour of a prior mortgagee named Bhola Nath. The case for the plaintiffs was that this prior decree had been satisfied by them and that they were entitled, therefore, to tack on the sum they had thus paid to their claim. That claim was recognized in the judgment which bears date 26th March 1924 and suitable directions were given in order to give the plaintiffs the satisfaction to which they were entitled by reason of their having paid off the prior...
Tag this Judgment!GoshaIn Sheo Ghulam Puri Vs. Shiam Lal Bhagat
Court: Allahabad
Decided on: Nov-29-1927
Reported in: AIR1928All257
Sulaiman, J.1. First appeals Nos. 489 of 1924 and 141 of 1925. arise out of two distinct suits which were tried together. The plaintiff in both the suits claimed to be the disciple and the spiritual successor of the late Goshain Rup Puri, who was the mahant of the mutt of Sawdhari Puri. His case is that the deceased under two sale-deeds, dated 21st October 1919, and 13th January 1922, transferred the property in dispute in these cases to the contesting defendant and his wife in order to pay off certain amounts due to previous mortgagees; that these properties were part of the mutt property and there was no legal necessity for their transfer. The defendant contested the claim by denying that the plaintiff was the chela of the deceased and denying that the property was trust property. There was also a plea that there was legal necessity for the alienation. The learned Subordinate Judge has found most of the issues in favour of the plaintiff. He has held that it has been proved that the p...
Tag this Judgment!Mt. Kesar Kuar Vs. Kallu Ram
Court: Allahabad
Decided on: Nov-25-1927
Reported in: AIR1928All164
1. This is a defendant's appeal arising out of a suit for arrears of rent brought by Kallu Ram against Mt. Kesar Kuar. The suit was dismissed by the Assistant Collector, but on appeal it was decreed by the District Judge. His findings on some of the points were not clear. Accordingly a former Bench of this Court framed three issues and remanded the case with direction that the learned Judge should dispose of the case on the lines indicated by the issues. The learned District Judge has upheld his former decree.2. The plots in dispute were recorded as the tenancy of one Sri Ram, and on his death were recorded in the name of his widow Mt. Kesar Kuar. Kallu Ram was recorded as the lambardar and the proprietor of the mahal in which these plots are situated. In 1917 there was a dispute between the parties in the civil Court and the matter was referred to the arbitration of three arbitrators and an award was pronounced on 31st May 1918, followed by a decree of the civil Court. Under this decr...
Tag this Judgment!Ram Bali Singh and anr. Vs. Sheikh Ali Ahammad
Court: Allahabad
Decided on: Nov-25-1927
Reported in: AIR1928All156; 113Ind.Cas.23
Dalal, J.1. The plaintiff was mortgagor and the defendant was usufructuary mortgagee of certain plots of land. On 4th June 1919, that is, in the year 1327 fasli, the plaintiff deposited the money due on the mortgage for payment to the original mortgagee and subsequent transferees (the sum of Rs. 1,250) and took possession of the property. When the money was not removed he brought a suit for redemption and did not include therein a claim for profits from the date of deposit because he had already taken possession and was himself realizing the profits subsequent to the date of deposit. After contesting, the suit for redemption was decreed. It was held that Rs. 1,250 was a sufficient deposit. A decree for redemption was passed but not one for sale in the alternative, because the plaintiff had already obtained possession of the mortgaged land and the mortgage money also had been deposited:2. As usually happens the suit for redemption was protracted and the decree was not passed till 25th J...
Tag this Judgment!In Re: Dehra-dun-mussoorie Electric Tramway Co.; Panna Lal
Court: Allahabad
Decided on: Nov-25-1927
Reported in: AIR1928All272
Ashworth, J. 1. In this case Rai Bahadur Panna Lal objects to an order of the official liquidators contained in their report dated 10th November 1927, that his name shall be on the list of contributories as a person liable to contribute to the as sets of the company with respect to the shares purchased by him and for which his name still stands in the books of the company. Those shares are 500 in number.2. On behalf of Rai Bahadur Panna Lal, Mr. Panna Lal, advocate, appears. He has put in, on 21st November 1927, a statement of his objections containing four paragraphs. He has, however, admitted that he is not in a position to contend that this Court cannot go behind the compromise decree of the year 1924 in view of recent decisions of this Court on the matter. He, therefore, confines the objections to two grounds. The first ground is that his client, even if entered as a contributory, should only be entered as one in respect of 250 shares. His argument is that more than three years hav...
Tag this Judgment!Bisheshar Pathak and ors. Vs. Rup NaraIn Singh
Court: Allahabad
Decided on: Nov-25-1927
Reported in: AIR1928All286; 108Ind.Cas.566
Kendall, J.1. This second appeal arises out of a suit brought by the plaintiff against the appellants for a declaration setting aside two deeds executed by him in their favour. One was a sale of zamindari property and the other was a lease of sir lands. The plaintiff claimed to have been a minor when he executed these deeds. The trial Court dismissed the suit in respect of the sale-deed on the ground that the plaintiff had been of age when he executed these deeds but allowed the suit in respect of the lease on the ground that a perpetual lease for a sum paid in advance in respect of occupancy rights arising from the sale of sir land was illegal.2. In appeal the District Judge differed from the lower Court's finding as to the plaintiff's majority at the time of the execution of the deeds. He found that he was a minor and gave the plaintiff a decree cancelling both the sale-deed and the lease on condition of certain payment to the defendants. This appeal by the defendants is based on the...
Tag this Judgment!In Re: the Dehradun Mussoorie Electric Tramway Co., Ltd. (In Liquidati ...
Court: Allahabad
Decided on: Nov-25-1927
Reported in: 113Ind.Cas.91
Ashworth, J. 1. In this case Rai Bahadur Parma Lal objects to an order of the Official Liquidators contained in their report dated the 10th November, 1927, that his name shall be on the list of contributories as a person liable to contribute to the of the Company with respect to the shares purchased by him and for which his name still stands in the books of the Company. Those shares are 500 in number.2. On behalf of Rai Bahadur Panna Lal, Mr. Panna Lal, Advocate, appears. He has put in, on the 21st of November, 1927, a statement of his objections containing four paragraphs. He has, however, admitted that he is not in a position to contend that this Court cannot go behind the compromise decree of the year, 1824, in view of recent decisions of this Court on the matter. He, therefore, confines the objections to two grounds. The first ground is that his client, even if entered as a contributory, should only be entered as one in respect of 250 shares. His argument is that more than three ye...
Tag this Judgment!Rajjo Vs. Lajja
Court: Allahabad
Decided on: Nov-24-1927
Reported in: AIR1928All204; 114Ind.Cas.43
Lindsay, J.1. This is a pre-emption appeal and the appellant is the defendant who was impleaded in the Court of first instance as the purchaser of the lands sought to be pre-empted. Her name is Mt. Rajjo.2. The case of the plaintiff, whose name is Lajja, was based upon a transaction which was entered into on 23rd September 1924, and which is described as a sale. The document was executed in favour of Mt. Rajjo by another lady, Mt. Bharto.3. It is necessary to explain who these ladies were. The last male owner of the property in dispute was one Harbans who died leaving his mother, Mt. Rajjo, and his widow, Mt. Bharto. It is admitted that after Harbans' death there were disputes between these ladies and eventually Mt. Rajjo, having been ousted from possession of the portion of Harbans' estate of which she had been in occupation was obliged to file a suit for maintenance against Mt. Bharto, the widow. It is admitted that Mt. Rajjo got a decree for maintenance at the rate of Rs. 150 a year...
Tag this Judgment!Mt. Belaso Vs. Mauladad Khan
Court: Allahabad
Decided on: Nov-24-1927
Reported in: AIR1928All206; 108Ind.Cas.132
Dalal, J.1. The plaintiff, a woman, is occupancy tenant of the land in suit and the defendant is one of the zamindars who are owners of the land. Both the subordinate Courts have dismissed the suit on the ground that her proper remedy lay in the revenue Court and not in the civil Court. It is argued here, and the argument is supported by an authority, that the jurisdiction of the revenue Court arises only where the entire body of lambardars, when there are more than one landlord, or one of them on behalf of the entire body, ejects a tenant. If only one landlord out of several ejects a tenant such ejectment would be merely a trespass and would not be covered by the provisions of Section 79 of the old Agra Tenancy Act: see Chedda v. Achhu Singh A.I.R. 1924 All. 572, (a decision by two Judges.)2. The learned District Judge replies to this argument by saying that the village is a bhiyachari one, that is, one of the group of proprietors and, every proprietor has proprietary possession separ...
Tag this Judgment!Ram Lal Tandon Vs. Kashi Charan
Court: Allahabad
Decided on: Nov-24-1927
Reported in: AIR1928All380; 108Ind.Cas.147
Ashworth, J.1. This is an appeal from an order of the District Judge of Kumaun directing that a certain debt be included in the schedule of debtors in the matter of the insolvency of Lala Chandra Lal Sah. We have not been able to discover the exact stage in the insolvency proceedings at which the creditor Kashi Charan requested the inclusion of these three promissory notes in the list of claims, but we have come to the conclusion that the District Judge's procedure was taken both under Section 33(3) and also under Section 50, Prov. Insol. Act; in other words, at the same time as he was ordering a debt to be entered in the schedule, he was arriving at a decision that debt had been duly proved upon objection raised.2. The District Judge held that these promissory notes were proved by reason of the presumption arising under Section 118, Negotiable Instruments Act.3. This appeal is based on the contention that this presumption cannot be invoked in insolvency proceedings, where an alleged d...
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