Allahabad Court December 1929 Judgments
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Hemendra Nath and ors. Vs. Tulshi Singh and ors.
Court: Allahabad
Decided on: Dec-19-1929
Reported in: AIR1930All413
Dalal, J.1. The grounds of appeal here are covered by authority. A decree was passed for possession on condition of the plaintiffs' depositing in Court Rs. 352 within three months of the decree becoming final. At the same time the plaintiffs were allowed costs and Rs. 15 per mensem mesne profits from the date of the decree to the date of the delivery of possession. On 18th September 1928, they put in a declaration that they had made the payment by setting it off against the sum of Rs. 354-12-8 due to themselves for costs and mesne profits and desired that their own decree for Rs. 2-12-8 be executed. The objection of the judgment-debtors was that the suit should be taken to have been dismissed because the sum which the plaintiffs were directed to deposit was not deposited within three months of 23rd April 1928. This objection is in conflict with the terms of the decree. The words used are not three months from the date of the decree but three months from the date of this decree becoming...
Pashpati Vizia Nand Bahadur Vs. Hargovind Rai and anr.
Court: Allahabad
Decided on: Dec-19-1929
Reported in: AIR1931All211; 122Ind.Cas.597
Bannerji, J.1. This is a plaintiff's appeal in a suit for possession over certain plots of land. The defence was that the plot was the ancestral holding of the defendant. The question which appears clearly from the judgment of the lower appellate Court according to it was 'whether the appellant is or is not a tenant of the land in suit.' How the learned Subordinate Judge in appeal went on to discuss the question whether the defendant was an occupancy tenant or not in a suit relating to an agricultural holding, I am unable to understand. Section 273, Act 3 of 1926, clearly lays down that if in a civil Court the defendant pleads that he holds such land as the tenant of the plaintiff...the civil Court shall frame an issue on the: plea of tenancy and submit the record to the proper revenue Court for the decision of the issue. Para. 6 of the written statement 'additional pleas' is as follows:The land in dispute is the occupancy holding of this defendant which has' been generation after gene...
Mt. Ananti Vs. Chhannu and ors.
Court: Allahabad
Decided on: Dec-18-1929
Reported in: AIR1930All193; ILR(1929)All501
1. This is a reference under Section 267, Agra Ten. Act of 1926. The matter came up before two learned Judges of this Court. They found that they were unable to accept the view taken in the case of Nandan, Mallah v. Mohammad Ali [1929] A.L.J 940, and, accordingly, referred the matter to a larger Bench.2. The facts relating to the case are set forth in the order of reference and may be, very briefly stated as follows. The plaintiff instituted the suit, out of which this reference has arisen, in the Court of the Munsif of Haveli, Benares, on the allegation that her husband, Jangi, separated from his brother, Deo Saran, 25 years prior to the institution of this suit, that the plaintiff's husband died more than 10 years before the suit, and that for the last 10 years the plaintiff had been in possession of her husband's occupancy holding as his heir. She added that the defendants who were the descendants of Deo Saran, interfered with the crops grown by her on her own land and, eventually t...
Mt. Raji Vs. Ram Lagan and ors.
Court: Allahabad
Decided on: Dec-18-1929
Reported in: AIR1930All304
Bennet, J.1. This is an appeal by the defendant against an order of the lower appellate Court remanding a suit for disposal by the Court of first instance on the question of mesne profits. The plaintiff, a landlord, sued for possession and damages against the defendant appellant on the ground that the defendant appellant was a tenant who had been ejected and who was in possession as trespasser. The defendant pleaded that the relation of landlord and tenant existed between the parties and a reference was made by the civil Court of first instance to the revenue Court under Section 273, Act 3 of 1926. The finding of the revenue Court was that the relation of landlord and tenant existed between the parties and the civil Court of first instance being bound by that decision dismissed the suit of the plaintiff. The plaintiff filed an appeal and the lower appellate Court came to a decision on the question of fact that the defendant was a trespasser and not a tenant of the plaintiff. Accordingl...
Munir Khan Vs. Municipal Board
Court: Allahabad
Decided on: Dec-18-1929
Reported in: AIR1929All365a; 122Ind.Cas.742
Sen, J.1. This is an appeal by the plaintiff from the decree of the Additional Subordinate Judge of Allahabad, dated 8th November 1926, reversing the decree passed by the Munsiff, West, Allahabad, dated 31st May 1926. Plaintiff was a conservancy contractor under a written agreement, dated 9th May 1923, between the plaintiff and the Municipal Board of Allahabad. Under this instrument the plaintiff agreed to remove rubbish from certain parts within the municipal area and deposit the same in the trenching ground. The contract commenced on 1st May 1923, and terminated on 31st March 1924. Para. 3 of the agreement provided as follows:The Board hereby covenants to pay the said contractor the sum of Rs. 325 only per month for the supply of thirteen animals and eleven carts and drivers every night for the work of collecting all night soil accumulating within the area of ward Five, West of Railway line, removing the same to such place or places as the Chairman, Public Health of the Board, shall ...
Basant Lal and ors. Vs. Bhagwati Prasad and ors.
Court: Allahabad
Decided on: Dec-18-1929
Reported in: AIR1930All365
Bennet, J.1. This is a first appeal from order brought by the plaintiffs against an order of the lower appellate Court returning their plaint for presentation to the proper Court. The plaintiffs brought a suit for partition of a grove holding between them and the defendant alleging that each party was in possession of a share. Further, the plaintiffs alleged that in 'April 1926 the defendants did not allow the plaintiffs to remove the fruits and wood of the grove and put the plaintiffs to a loss of Es. 80 and the plaintiffs claimed Es. 80' damages which was allowed by the Court of first instance. No objection as to jurisdiction was taken in the trial Court, but the question was raised in the Court of first appeal that the suit! should have been brought in a revenue Court Section 37, Agra Tenancy Act (3 of 1926), provides for a suit for division of tenancies. Accordingly we agrea with the lower appellate Court that the relief of partition of this grove is a matter for the revenue Court....
Sheo Mangal Shukul Vs. Jagan Lohar and ors.
Court: Allahabad
Decided on: Dec-18-1929
Reported in: AIR1930All377
Niamatullah, J.1. This appeal arises out of a suit brought by the plaintiff-respondents for recovery of possession of half of grove standing on plots 231 and 233. It is no longer in dispute that the grove was planted by one Paltan about 50 years before the institution of the suit. Paltan died, leaving two sons: Gajadhar (defendant 1) and Sudha. Sudha died childless some time afterwards, leaving his widow, who also died about seven years before the suit. Her husband's share reverted to his brother, Gajadhar (defendant 1). By a deed dated 14th July 1916, Gajadhar, defendant 1, sold half of the grove to the plaintiff, who brought the present suit for possession, which is alleged to be withheld by defendants 2 and 3 the zamindars. Defendant 2, the appellant in this Court, contested the suit on the ground that Gajadhar abandoned the village and for that reason lost title to the grove in question and that he had no right to make a transfer of his interests as a grove holder there being no cu...
Durga Prasad and anr. Vs. Chauharja Prasad
Court: Allahabad
Decided on: Dec-18-1929
Reported in: AIR1930All536; 122Ind.Cas.413
Niamatullah, J.1. The present appeal has arisen out of a suit brought by the plaintiffs-appellants for a declaration of their right to and possession of a house, which admittedly belonged at one time to Munshi Sheoambar Lal, whose adopted son plaintiff 1 (father of plaintiff 2) is. It was alleged that the house in dispute was joint family property, in which plaintiff-appellant 1 obtained an interest at the time he was adopted by Sheoambar Lal. The defence was that it was the self-acquired property of Sheoambar Lal, in which the plaintiffs-appellants obtained no interest, the same having been made a gift of to defendant 2 (son of defendant 1), who was related to Sheoambar Lal and for whom the latter had great regard. The gift is said to have been made in 1912, when Sheoambar Lal intimated that fact to the Municipal Board and requested that the name of the donee be entered in the register of houses situate within the municipal limits. Subsequently a formal deed of gift duly registered wa...
Musammat Raji Vs. Ram Lagan and ors.
Court: Allahabad
Decided on: Dec-18-1929
Reported in: 126Ind.Cas.225
1. This is an appeal by the defendant against ah order of the lower Appellate Court remanding a suit for disposal by the Court of first instance on the question of mesne profits. The plaintiff a landlord, sued for possession and damages against the defendant-appellant on the ground that the defendant-appellant was a tenant who had been ejected and who was in possession as trespasser. The defendant pleaded that the relation of landlord and tenant existed between the parties and a reference was made by the Civil Court of first instance to the Revenue Court under Section 273, Act III of 1926. The finding of the Revenue Court was that the relation of landlord and tenant existed between the parties and the Civil Court of first instance being bound by that decision dismissed the suit of the plaintiff. The plaintiff filed an appeal and the lower Appellate Court came to a decision on the question of fact that the defendant was a trespasser and not a tenant of the plaintiff. Accordingly the low...
Bansi and ors. Vs. Hukam Singh
Court: Allahabad
Decided on: Dec-17-1929
Reported in: AIR1930All216
Niamatullah, J.1. The above appeals arise out of two suits, which relate to circumstances which can be more conveniently considered in one judgment. Hukam Singh, the plaintiff in the two suits, alleges that he and some men of his party were beaten by Gobind Prasad, Gajadhar, Adha Ram and seven others. Criminal proceedings were instituted by both parties. The defendants' party was convicted and Hukum Singh's party, who received serious injuries, were acquitted. Hukum Singh brought suit No. 464 of 1927 against the ten defendants for damages amounting to Rs. 662 for assault and beating. The Court of first instance decreed the suit and awarded damages to the extent of Rs. 50. On appeal by the defendants the lower appellate Court enhanced the amount of damages to Rs. 200. Second appeal No. 1008 has been preferred by the defendants against the decree of the lower appellate Court in that suit.2. The defendants, Gobind, Gajadhar and Adha Ram, had instituted criminal proceedings against Hukam S...
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