Court : Allahabad
Reported in : AIR1930All441a
Bennet, J.1. These are two Letters Patent appeals by the defendants against the judgment of a learned single Judge of this Court upholding the order of the lower appellate Court of remand and a decree of the lower appellate Court passed after remand for compensation and rent due from defendant to plaintiff under Section 34, Act 2 of 1901.2. The suit is in regard to plot 214(a) in village Sangror. The plaintiffs. Dharampal Singh and others are zamindars in this village and in the settlement khewat of 1913, the No. 214(a) is entered as a plot in the area of which the plaintiffs are zamindars. Apart from that entry, the plaintiff has not proved that he exercised any proprietary rights over the plot in question. The plot in question along with other plots was originally a grove and belonged to Bhairon Singh and Bisheshar Singh who were zamindars. In 1843 there was an auction sale by which the zamindari rights of Bhairon Singh and Bisheshar Singh were purchased by Ahar Singh who was the pre...
Tag this Judgment!Court : Allahabad
Reported in : AIR1930All593
1. This is a second appeal by the plaintiff whose suit has been dismissed in full by both the lower Courts. The family tree is as follows:Har Lal__________|_________| |Rajrani Mt. Swami deft. 2| |Paij Sing, deft. 1 Asa Ram deceased.2. Har Lal died first and after him his son Asaram died leaving Paij Singh as the sole survivor of the family. On 7th December 1921 Paij Singh, defendant.1, executed a deed of agreement by which he transferred for her lifetime and for her maintenance two plots to Mt. Sawai, his stepmother, defendant 2. She brought a suit, No. 529 of 1924, for possession and obtained a decree on 18th May 1925, and her name was entered, but she did not obtain possession. Subsequently she married, as is admitted in the written statement, a man called Badle in Gwalior, and after that, on 10th February 1926, she executed a deed of usufructuary mortgage of the two plots in favour of the plaintiff in this suit. On the same date she also executed a sale deed of her right to damages ...
Tag this Judgment!Court : Allahabad
Reported in : AIR1930All753
Sen, J.1. Rawana Shikarpur is a village in pargana Seohara in the district of Moradabad. It has a mixed population of Hindus and Mahomedans, the latter having the numerical superiority. The number of Hindus is about 250 and that of the Mahomedans about 1,500. The Mahomedans occupy a compact area in the village abadi and their residential quarters were apart from the portion inhabited by the Hindus.2. Paucity in number does not however count as a factor indicating status, influence or prosperity. The village is owned by the Hindu proprietors Rani Phul Kumari, widow of Chowhdry Ranjit Singh. Phul Singh, Sagar Singh, Ram Kumar Singh and Munne Singh are some of the zamindars. No Mahomedan is a cosharer in the village. The zamindars realise house rent and bhet presents from the reyaya. They also receive manure. They also take begar or forced labour but do not realize any artisan's cess.3. The relation between the Hindu and the Mahomedans appears to have been cordial till the close of 1923. ...
Tag this Judgment!Court : Allahabad
Reported in : AIR1930All397
Sen, J.1. This is an appeal by the defendant in a suit for recovery of Rs. 1,785.2. The defendant is the maternal uncle of the plaintiff. There appears to have been some litigation between the plaintiff and his brothers which was referred to the arbitration of the defendant. The latter gave an award under which Rs. 787-8 where payable by the plaintiff to his brothers. The plaintiff was indebted to one Moti Chaube under a hundi and the principal amount payable was about Rs. 200. The plaintiff sent Rs. 987-8 to the defendant by several instalments with the direction that the defendant was to pay Rs. 787-8 to his brothers and Rs. 200 to Moti Chaube. There is a concurrent finding of the two Courts that the aforesaid amount was sent by the plaintiff to the defendant and the object of sending this amount was that the defendant should liquidate the liability of the plaintiff to his brothers and Moti Chaube. It transpired, however, that the defendant did not pay either the brothers or Moti Cha...
Tag this Judgment!Court : Allahabad
Reported in : AIR1930All648
Mukerji, J.1. The appeal is by the plaintiffs, who claimed to recover two Sums of money on two'hundis, dated respectively 3rd January 1925 and 2nd February 1925 for the sums of Rs. 5,000 and Rs. 3,000 respectively. The drawers of the hundis are defendants 1 and 2(respondents 1 and 2 here) and the drawee was defendant 3(respondent 3, Ramji Das, before us). Ramji Das accepted the two hundis. The plaintiff bank alleged that they presented the hundis for payment on due dates, but this allegation of theirs has been negatived by the Court below. Then it was argued before the Court below that under Section 64, Negotiable Instruments Act, the acceptor was liable even if there was no presentment for payment, The Court below did not accept this view of the law, and holding that the drawers and the acceptor were exempted from payment owing to want of presentment, it dismissed the suit as against defendants 2 and 3. Defendant 1 confessed judgment, and accordingly a decree was passed against him.2....
Tag this Judgment!Court : Allahabad
Reported in : AIR1930All422
Sen, J.1. This and the connected appeal (S.A. No. 1019 of 1928), arise out of a suit for possession of certain arazidari plots in mouza Kohri in the district of Gorakhpur. The entire village Kohri Buzurg was the property of Raja Krishna Kissen Chand. The plaintiff-respondent claims descent from him and his relationship with the Raja will appear from the following genealogical table:Raja Sital Prasad Chand___________|___________| |Raja Krishna Kishore Babu Mahabal ChandChand |=Rani Rajbans Kuari Babu Harihar Prasad| ChandRaja Mahadeo |Prasad Chand |(adopted son) || || || |Lal Bahadur Prasad Kissen PrasadChand Chand| =Dulhin Raj| Kumari| || Bir Bahadur ChandLala Narain Prasad Babu Raj BahadurChand Chand(Plff.) (Deft. 2)2. The plaintiff alleges that the estate of Raja Krishna Kishore Chand was honey-combed with debts and the Raja was always beset with a swarm of creditors.3. The Raja with a view to save his property executed a number of transfers in favour of his relations or dependents. ...
Tag this Judgment!Court : Allahabad
Reported in : AIR1930All510
Mukerji, J.1. This is the defendant's appeal and arises out of a suit for ejectment and arrears of rent brought against him by the plaintiff-respondent 1.2. The claim for ejectment failed in the two Courts but succeeded in this Court,3. The plaintiff's case was that in a place called Serai Daim Khan, in the town of Moradabad, defendant 2, Fattu, held, as the plaintiff's tenant, four houses, that under the terms on which the defendant held, falling into arrears of rent brought about forefeiture of the tenancy, and that the original tenant, namely Fattu, defendant 2, did not pay rent, and on the other hand, without any title to do so, transferred the building to defendant 1, Chhuttan. The plaintiff accordingly claimed arrear of rent and claimed ejectment of defendants 1 and 2. The defence set up was that Fattu held under some sort of permanent tenancy, that the original tenant was given the site on which to build and on a small rent to be paid annually.4. The lower appellate Court held t...
Tag this Judgment!Court : Allahabad
Reported in : AIR1930All771
Sulaiman, J.1. This is a defendants appeal arising out of a suit for damages on the ground for breach of a covenant for title and quiet enjoyment. It is now an admitted fact that four annas share was in the possession of Mt. Badam Kunwar which had been originally acquired by her deceased husband, Ajodhia Prasad. On 17th February 1877 she along with her husband's brother and nephew and her own daughters executed a sale deed of this share in favour of Abdul Majid in the name of his wife, Mt. Wahidunnisa (p. 23). She asserted in the deed that she was the absolute owner of the property and had full power to transfer it, and this assertion was accepted by the other executants. There was also a recital in this document that a sum of Rs. 5,000, which was the sale consideration, had been required by her for various necessities. It is an admitted fact that Abdul Majid had owned the remaining twelve annas share in the three villages in dispute. Thus after 1877 Abdul Majid became the sole owner o...
Tag this Judgment!Court : Allahabad
Reported in : AIR1930All225
1. One Basdeonand Gir obtained leave to appeal to the Privy Council and on the due date deposited a sum of Rs. 4,000 as security for costs and a further sum for printing charges.2. On 2nd November 1927 Mr. Newal Kishore, who was the legal practitioner for Shankernand Gir the respondent to the Privy Council appeal, drafted an application to the Court of the Subordinate Judge at Allahabad in which he prayed that the cash certificates for Rs. 4,000-12-0 and a sum of Rs. 798-11-0 for printing charges, which had been paid into the High Court by the appellant, might be attached:and the amount of the decree may be so far as possible satisfied by attachment thereof.3. The application came before Sudeshar Maitra on 4th February 1928. His order was a short one and may be given in full.The items objected to relate to the printing charges and security furnished by the defendant objector in connexion with his appeal to His Majesty in Council. The decree-holder is anxious to lay his hands on these i...
Tag this Judgment!Court : Allahabad
Reported in : 125Ind.Cas.477
Grimwood Mears, C.J., Boys and Young, JJ.1. One Basudevanand Gir obtained leave to appeal to the Privy Council and on the due date deposited a sum of Rs, 4,000 as security for costs and a further sum for printing charges.2. On the 2nd of November, 1927, Mr. Newal Kishore, who was the legal practitioner for Shantanand Gir, the respondent to the Privy Council appeal, drafted an application to the Court of the Subordinate Judge at Allahabad in which he prayed that the cash certificates for Rs. 4,000-12-0 and a sum of Rs. 798 110 for printing charges, which had been paid into the High Court by the appellant, might be attached and the amount of the decree may be so far as possible satisfied by attachment thereof. The application came before Mr. Sudeshar Maitra on the 4th of February, 1928. His order was a short one and may be given in full:The items objected to relate to the printing charges and security furnished by the defendant-objector in connection with his appeal to His Majesty in Cou...
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