Allahabad Court February 1927 Judgments
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Lakhmi Das Vs. Mt. Badla and ors.
Court: Allahabad
Decided on: Feb-14-1927
Reported in: AIR1927All807
Iqbal Ahmad, J.1. This is an appeal by the unsuccessful plaintiff in a redemption suit. The mortgage, sought to be redeemed, was executed by one Imam Bakhsh, on the 17th November 1861, in favour of four persons named Bhojraj, Mohan Lal, Hukum Chand and Parmanand, for a sum of Rs. 450. The property mortgaged consisted of four kachcha shops. Imam Bakhsh, the mortgagor, died sometime before the year 1867, leaving as his heirs his son Khwaja Bux and a daughter (whose name is not known). Khwaja Bux died about 2 years prior to the institution of the suit leaving, as his sole heir his son Rahim Bakhsh. The plaintiff purchased the equity of redemption from Rahim Bux under a sale-deed dated the 15th November 1921, for a sum of Rs. 1,000. On the findings of the Courts below, it is abundantly clear, that the plaintiff paid no consideration for the sale, and obtained a sale-deed only with a view to gamble in litigation. However, this fact alone would not disentitle the plaintiff to a decree, if Ra...
iaitqad Ali and anr. Vs. Muhammad Bakhsh and ors.
Court: Allahabad
Decided on: Feb-11-1927
Reported in: AIR1927All821
Iqbal Ahmad, J.1. This is a defendants' appeal and arises out of a suit for arrears of rent, and for an injunction restraining Mt. Abbasi, who was arrayed as defendant 3, from realising the plaintiffs' share of the rent from defendants 1 and 2, who were alleged by the plaintiffs to be in possession of the house in dispute as tenants. On the 10th October 1917, Iaitqad Ali, defendant, and Abdulla, father of Iaitqad Ali, executed a kirayanama in favour of Salimullah for a period of eleven months with respect to the house in dispute. Salimullah died leaving the plaintiffs and Mt. Abbasi as his heirs. Abdulla is also dead, and defendants 1 and 2, who are the appellants in this Court, are his heirs.2. The plaintiffs' case was that the defendants were in occupation of the house as tenants, and were liable to pay the rent claimed by them. The defence to the suit was that the rent agreement relied upon by the plaintiffs was not binding on the defendants, and that the defendants have all along r...
Wahidullah Vs. Abdul Majid Khan
Court: Allahabad
Decided on: Feb-11-1927
Reported in: AIR1927All829a
Iqbal Ahmad, J.1. This is a plaintiff's appeal and arises out of a suit for ejectment of the defendant-respondent from a shop and for arrears of rent. The defence to the suit was that, the defendant-respondent was holding under a kirayanama executed by him with the plaintiff's consent, in March 1923, in favour of the plaintiff and was not liable to ejectment till the expiry of the period mentioned in the kirayanama. This plea of the defendant-respondent, and the other pleas taken by him, were overruled by the trial Court and the suit was decreed.2. On appeal by the defendant-respondent the lower appellate Court has modified the decree of the trial Court, by dismissing the plaintiff's claim for ejectment of the defendant-respondent. The lower appellate Court has held that the kirayanama relied upon by the defendant-respondent, was executed by him in the plaintiff's favour, with the latter's consent, and was accepted by the plaintiff and as such the defendant-respondent was not liable to...
Chandra Shekhar and anr. Vs. Amir Begam
Court: Allahabad
Decided on: Feb-10-1927
Reported in: AIR1927All439; 101Ind.Cas.676
Sulaiman, J.1. First Appeal No. 130 and First Appeal No. 131 of 1924 are connected and raise the same question of law. Both are appeals from final decrees in two suits for sale on mortgages in which the preliminary decrees were affirmed by the High Court in May 1921. Six months time was fixed for payment in both cases. On the 7th of August 1923 two applications for the preparation of final decrees in the two cases were made. The office, however, reported that the applications did not contain a complete list of the mortgaged property and that the calculation of the amount of interest due appeared to be wrong. Time was allowed to the decree-holders to cure this defect twice; ultimately the application was dismissed on the 5th September, 1923 in the absence of the applicants and their counsel. Subsequently within thirty days of this dismissal the decree-holders filed fresh applications for the preparation of final decrees. In these applications they did not refer to the previous dismissal...
(Goswami) Gordhan Lalji Maharaj Vs. Bishambar Nath
Court: Allahabad
Decided on: Feb-10-1927
Reported in: AIR1927All716
Walsh, J.1. We must allow this appeal. There is a great deal to be said for the Judge's view; in fact we should have been disposed to take the same view ourselves if we had been free to do so. We agree with the learned Judge that Order 2, Rule 2 looks as though it was directory and not mandatory, and that the plaintiff is not prejudiced if the Court does not choose to make its decree include post-decretal damages or mesne profits. It undoubtedly can do so, and there is a good deal to be said for the view that mesne profits, which only arise after the suit in case the defendant fails to give up possession, cannot be regarded as part of the plaintiff's claim when a suit is instituted. But, on the other hand, nobody can doubt that the plaintiff can claim and the Court can award mesne profits up to the date of obtaining possession, that is to say, a contingent liability if the defendant should continue to retain possession. On the whole we think that the cases are too strong and that we mu...
Durgi Vs. Kanhaiya Lal
Court: Allahabad
Decided on: Feb-09-1927
Reported in: AIR1927All387; 101Ind.Cas.678
Sulaiman, J.1. This is a defendant's appeal arising out of a suit by a minor, Kanhaiya Lal, for a declaration that he is the rightful adopted son of Durga Prasad deceased and is the Owner of the property given in the schedules attached to the plaint, and that the defendant Mt. Durgi, the widow of the deceased, has no right or share in the property, The plaintiff's case was that Lala Durga Prasad had, under a will, given authority to his wife to adopt a son after his death and in pursuance of that authority the widow adopted the plaintiff in December 1918 and as evidence of the fact, executed a registered deed of adoption on the 21st of December, 1918, that subsequently the plaintiff was treated as the adopted son by the defendant, but shortly before the suit she denied the factum of adoption and repudiated his status. The contesting defendant, in her written statement, denied the fact of adoption as well as its validity; and pleaded that the deed of adoption had been obtained from her ...
Makhan Lal Vs. Mushtaq Ali
Court: Allahabad
Decided on: Feb-09-1927
Reported in: AIR1927All419
1. This order is wholly without jurisdiction. We do not propose to discuss the various cases which the learned Judge has referred to in Indian Cases, because some of them contain dicta of a very wide character, which open up a variety of rather debatable questions. In our view, Order 40, of the First Schedule has nothing to do with the execution of mortgage decrees. The learned Judge says that there is no prohibition in law a against the appointing of a Receiver in the case of a mortgage decree. There are great many things which are not prohibited in the Code. One might just as well say that as there is no prohibition in the Code to a Judge appointing himself as Receiver at a large salary, that he has, therefore, jurisdiction to do so. In our opinion, the matter becomes quite plain when Order 40, which deals with the appointment of a Receiver, is understood. The appointment of a Receiver by way of execution is an exceptional remedy derived from English practice; indeed in England it is...
Mt. Bilasi and anr. Vs. Bijai NaraIn and ors.
Court: Allahabad
Decided on: Feb-08-1927
Reported in: AIR1927All566
Ashworth, J.1. This second appeal arises out of a suit by the plaintiffs-respondents for a declaration that a certain sale deed executed by one Mt. Bilasi in favour of the defendants-appellants by which she purported to sell her interest in certain land used for the stacking of fuel supplied at a burning ghat was null and void. The possession of the land and mesne profits were also claimed.2. It has been found by the lower Courts that the plaintiffs owned the land and that Mt. Bilasi had been their tenant on an annual rent, but that she had made a denial of their title by transferring the land and the goodwill of her business to the defendants. Both the lower Courts decreed the suit. In second appeal it has been argued that Mt. Bilasi was possessed of a right to sell fuel at the place in question and that she could transfer this right. Reference is made by counsel of the appellants to the case of Sukh Lal v. Bishambhar [1917] 39 All. 196 where it was held that there was nothing in the ...
Ram Charan Sahu and anr. Vs. Goga and ors.
Court: Allahabad
Decided on: Feb-07-1927
Reported in: AIR1927All446
1. This is a plaintiff's ap peal arising out of a suit for recovery of possession. This case has a long history behind it, which it is not necessary to recite at length. For the purpose of this appeal the facts may be briefly stated as follows:Certain mortgagees brought a suit for sale against the original mortgagor and against one Mt. Sheo Lagna, an ostensible transferee of the property. When impleaded she stated to the Court that she was not the real owner, but that her sons were the real owners and they ought to be impleaded. The mortgagees for some reason not quite apparent resisted the attempt to bring the sons of Mt. Sheo Lagna on the record. They obtained a decree against the lady behind the back of her sons. They put to sale the right, title and interest of Mt. Sheo Lagna, and themselves purchased that right, title and interest at an auction sale. They then applied for possession which was formally granted to them in the year 1900. On the strength of this formal delivery of pos...
ismail and ors. Vs. Emperor
Court: Allahabad
Decided on: Feb-04-1927
Reported in: AIR1927All480; 101Ind.Cas.474
Boys, J.1. In this case the Magistrate has convicted two persons Ismail and Ibrahim, for keeping a common gaming house, and one Behari for gaming in that common gaming house The facts found are that a shop and a house belonged to Ismail and Ibrahim jointly, that when the shop was raided 'satta' papers were found, and when the house was raided advertisements of the 'satta' gambling were found and accounts of the 'satta' gambling. In the shop was Ismail who was writing on a bit of paper; in the house was Ibrahim. Both men declared that the papers found were waste paper. There can be no doubt on the facts, as found by the Magistrate, that they were not waste papers, but memoranda of 'satta' gambling and that the two men, Ismail and Ibrahim, were jointly carrying on the gambling business. The learned Sessions Judge has referred this case on several grounds, firstly, on the strength of a Calcutta decision, Satish Chandra Mitra v. Manmatha Nath Mitra A.I.R. 1921 Cal. 165. He has held that th...
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