Allahabad Court April 1927 Judgments
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Kallu Vs. Lokmad Das and ors.
Court: Allahabad
Decided on: Apr-06-1927
Reported in: AIR1927All507
Iqbal Ahmad, J.1. This appeal must be allowed. The plaintiff-appellant brought a suit against the defendants-respondents. The suit was decreed ex parte on the 12th of February 1924. On an application being made by Defendants Nos. 1 and 2, the ex-parte decree was set aside, and the case was restored to its original number on the 15th of March 1924 and eventually issues were framed on the 14th of April 1924 and 12th of May 1924 was fixed for final hearing of the suit.2. On that date the learned Munsif passed an order dismissing the suit. That order has been quoted in extenso by the lower appellate Court. Against the order dismissing the plaintiff's suit the plaintiff filed an appeal in the lower appellate Court. In that Court he was met by the objection that the order of the learned Munsif was one dismissing the suit for default, that is, was an order under Order 17, Rule 2, Civil P.C. and not an order under Order 17, Rule 3, Civil P.C. and as such no appeal lay against that order in the...
Mitthan Lal and anr. Vs. Nabi Bakhsh
Court: Allahabad
Decided on: Apr-06-1927
Reported in: AIR1927All508
Iqbal Ahmad, J.1. This is an appeal by the plaintiffs who claimed the property in dispute as reversioners of one Joti Prasad, who was admittedly the last male-holder of the property in dispute. Joti Prasad on his death was succeeded by his mother Mt. Mahtabi who died in the year 1915. Mt. Mahtabi in her lifetime had, on the 29th of March 1909, sold the property in dispute to the defendant-respondent. The plaintiffs alleged that the sale was without legal necessity and was not binding on them. 2. The suit was resisted by the defendant, inter alia, on the ground that one Jamna Das was the nearest reversioner of Joti Prasad and became entitled to his property on Mt. Mahtabi's death, and as the sons of Jamna Das are alive, the plaintiffs have no right to the property in dispute. Both the Courts below have accepted this defence and have dismissed the plaintiffs' suit. The finding that Jamna Das, and not the plaintiffs, was the nearest reversioner of Joti Prasad at the time of Mt. Mahtabi's ...
Bhawani and ors. Vs. Chaudhari Mangali Singh
Court: Allahabad
Decided on: Apr-06-1927
Reported in: AIR1927All567a; 102Ind.Cas.205
Ashworth, J.1. This second appeal arises out of a suit for damages brought by the plaintiffs-appellants in the following circumstances. The plaintiffs on the 6th of July 1921, were in debt to their landholder in respect of the rent due for a certain occupancy holding. They also owed certain other debts. In order to meet these liabilities they executed a document granting to the defendant a right to hold their occupancy holding for a period of five years in consideration of the defendant promising to meet the arrears of rent and the outstanding debts calculated at a sum of Rs. 600 and also in consideration of the defendant paying the annual rent due to the landholder of the plaintiffs. The defendant failed to pay the arrears of rent and, in consequence of this, the landholder sued the plaintiffs for arrears of rent. The plaintiffs were unable to satisfy the decree for arrears in full and consequently they were ejected by their landholder in execution of the decree for arrears. The prese...
Sheo Shankar Das and anr. Vs. Ram Tahal Koeri and ors.
Court: Allahabad
Decided on: Apr-06-1927
Reported in: AIR1927All605
Iqbal Ahmad, J.1. The question that arises for consideration in the present appeal is whether or not the occupants of houses in Mahal Sarda Nand of village Chachakpur, which is within the limits of the Municipality of Jaunpur, have a right to transfer, not only the materials of their houses, but also the site of their houses as well. The question has been answered in the affirmative by both the Courts below.2. The suit giving rise to the present appeal was brought by the plaintiffs-appellants for possession of the site of a house that once admittedly belonged to one Hanuman, predecessor-in-title of Defendants Nos. 3 and 4, by Demolition of certain constructions made by defendants Nos. 1 and 2, in whose favour Defendants Nos. 3 and 4 had executed a sale deed with respect not only to the materials of Hanuman's house, but also the site of his house. The plaintiffs' case was that the house of Hanuman had fallen about 12 years prior to the institution of the suit, and its site had reverted ...
Hardayal Lal and ors. Vs. Ganga Koeri and anr.
Court: Allahabad
Decided on: Apr-06-1927
Reported in: AIR1927All743; 102Ind.Cas.202
1. In this appeal we are of opinion that the decision of the Munsif and of the Additional Subordinate Judge must be set aside. The very short history of the case is that Niranjan and Sheo Datt were occupancy tenants and in 1876 mortgaged a field for Rs. 156 to Jawahar Lal. Niranjan and Sheo Datt are today represented by defendants 7 to 14. Jawahar Lal is represented by defendants 1 to 6. The plaintiffs are heirs of the mortgagors and sue for redemption. They claim to be entitled to redeem on payment of Rs. 156 that being the amount of money lent on this usufructuary mortgage of the occupancy land. The defendants set up three other loans, of a sum of Rs. 360 advanced on the 6th August 1883, a sum of Rs. 49-15-0 advanced on the 30th October 1890, and a sum of Rs. 47 also advanced on the same date, together with interest, and they claimed that by virtue of the terms upon which these loans were made the property could not be redeemed unless and until the Rs. 156 and the three sums together...
Parbhu Dayal Vs. Emperor
Court: Allahabad
Decided on: Apr-06-1927
Reported in: AIR1927All831
Banerji, J.1. Upon a report made by a post office Inspector the Police at Agra arrested one Ram Prasad for sending bogus V.P. parcels. On the 5th September a remand was obtained and it appears that on the 15th September Ram Prasad was released upon a bail bond which is as follows:I, Parbhu Dayal, son of Puran Chand caste Hindu, Excise Sub-Inspector, Bareilly City, hereby declare myself surety for Ram Prasad that he shall attend at the Court of the City Magistrate of Agra on every day of the preliminary inquiry into the offence charged against him, and, should the case be sent for trial by the Court of Sessions, that he shall be, and appear, before the said Court to answer the charge against him, and in case of his making default therein, I bind myself to forfeit to His Majesty the King-Emperor of India, the sum of Rs. 1,000.2. On the 3rd October 1925, the accused appeared before the City Magistrate who, considering the amount of security as insufficient and unsatisfactory, ordered furt...
Lala Mitthan Lal and anr. Vs. Dr. Nabi Baksh
Court: Allahabad
Decided on: Apr-06-1927
Reported in: 102Ind.Cas.245
Iqbal Ahmad, J.1. This is an appeal by the plaintiffs who claimed the property in dispute as reversioners of one Joti Prasad, who was admittedly the last male-holder of the property in dispute. Joti Prasad on his death was succeeded by his mother Musammat Mahtabi who died in the year 1915. Musammat Mahtabi in her lifetime had, on the 29th of March 1909, sold the property in dispute to the defendant-respondent. The plaintiffs alleged that the sale was without legal necessity and was not binding on them.2. The suit was resisted by the defendant, inter alia, on the ground that one Jamna Das was the nearest reversioner of Joti Prasad and became entitled to his property on Musammat Mahtabi's death, and as the sons of Jamna Das are alive, the plaintiffs have no right to the property in dispute. Both the Courts below have accepted this defence and hare dismissed the plaintiffs' suit. The finding that Jamna Das, and not the plaintiffs, was the nearest reversioner of Joti Prasad at the time of ...
Deoraj Misra Vs. Mt. Abhai Raji
Court: Allahabad
Decided on: Apr-04-1927
Reported in: AIR1927All584
1. This is an appeal by the plaintiff under the following circumstances:A suit was instituted by the appellant against Mt. Abhai Raji, a minor who was represented by her guardian, Mt. Umrai in the Courts below, for restitution of conjugal rights. The trial Court framed four issues. After some evidence had been recorded, the parties presented an application signed by their pleaders to the effect that parties would be bound by the statement of Munshi Balgobind Prasad, Pleader. On this application being presented, the Court accepted the prayer of the parties and on the 21st of December 1925 Munshi Balgobind Prasad was examined and his statement recorded. The learned Munsif thereupon decided the issues in the case according to the statement of Munshi Baigobind, the result of which was that the plaintiff's suit was decreed. Mt. Abhai Raji went up in appeal before the learned Additional Subordinate Judge of Jaunpur. He set aside the judgment and decree of the lower Court and sent the case ba...
Sita Saran Vs. Jagat and ors.
Court: Allahabad
Decided on: Apr-03-1927
Reported in: AIR1927All811
1. This second appeal arises from a suit brought by certain reversioners to the estate of one Sheo Sampat deceased for a declaration that a deed of gift executed by Mt. Khatrani, the widow of Sheo Sampat, in favour of her grandson, Godari, (now deceased) and some mortgage deeds, based upon it, are bad and ineffectual against the plaintiff. Other reliefs were also prayed for in the plaint with which we are not now concerned. The following genealogical table will show the relations of the parties Concerned:Ram Ghulam Upadhya________________|___________________| |Madho Sadho| __________________|________________Sheo Sampat | | || Jagat P.1 Dip Narain P.2 Ram Niranjan P.3Mt. Khatrani (widow) D. 7_____________|___________________________________________| | |Sukhnandan Mt. Sumetra (dead) Mt. Umraoti D. 8| | |Mt. Biranjia (widow) dead Sita Saran Tiwari, D. 1 Barhamdeo Pande, Minor D. 9|Godami (dead)2. The facts are sufficiently related in the judgment of the Court below, and they need not be r...
Sita Saran Vs. Jagat and ors. and
Court: Allahabad
Decided on: Apr-03-1927
Reported in: 102Ind.Cas.296
1. This second appeal arises from a suit brought by certain reversioners to the estate of one Sheo Sampat deceased for a declaration that a deed of gift executed by Musammat Khatrani, the widow of Sheo Sampat, in favour of her grandson, Godari, (now deceased) and some mortgage-deeds based upon it, are void and ineffectual against the plaintiff. Other reliefs were also prayed for in the plaint with which we are not now concerned. The following genealogical table will show the relations of the parties concerned: Ram Gghulam Upadhya _____________|_____________ | | Madho Sadho | _____________|________ Sheo Sampat | | | Musammat Khatrani, Jagat Dip Ram (widow) plaintiff Narain, Niranjan, defendant No. 7 No. 1. plaint- plaintiff | iff No. 3. | No. 2. | ________________________________________ | | | Sukhnandan= Musammat Sumetra, Musammat Musammat (dead) Umraoti, Biranjiya, | defendant (widow) Sita Saran No. 8 dead. Tiwari, | defendant Barhamdeo No. 1 Pande, minor, defendant Godari (dead). No....
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