Allahabad Court November 1931 Judgments
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In Re: Ram Dawan Singh, a Mukhtiar of Gorakhpur
Court: Allahabad
Decided on: Nov-16-1931
Reported in: AIR1932All232
Mukerji, J.1. In this case a notice was issued by the High Court to Mr. Ram Dawan Singh, a mukhtiar, ordinarily practising in the district of Bastito show cause why ho should not be suspended or dismissed inasmuch as he was convicted by a criminal Court of the offence of criminal intimidation under Section 506, X. P.C.,2. Mr. Ram Dawan Singh has appeared by counsel to show cause.3. Among other matters, Dr. Katju, the learned Counsel appearing for Mr. Ram Dawan Singh, has drawn our attention to the notification issued by the Government of India in the Home Department,, bearing date 5th March 1931 and published at p. 89 of the Gazette of India. Extraordinary bearing the same date. It appears that by the said notification, the Government of India issued a sort of amnesty to political prisoners and to prisoners who were being tried for political offences. Clause 12(iii) runs as follows:Where a Local Government has moved any High Court or has initiated proceedings under the Legal Practition...
E.i. Ry. Co. and anr. Vs. NaraIn Das Ganga Saran
Court: Allahabad
Decided on: Nov-13-1931
Reported in: AIR1932All321; 140Ind.Cas.103
Mukerji, J.1. The question to be determined in this appeal is whether in the circumstances found by the Court below, it may be properly said that misconduct on the part of the railway administration or its servants can be fairly inferred.2. The plaintiffs-respondents, who are a firm, consigned, for being sent te Hathras, a bale of dhotis weighing nine and half maunds. The bale was handed over to the E. I. Ry. adminfstraiion at Howrah. The bale never reached its destination and it was found missing when the train arrived. As required by the risk note H, 'Under which the bale was consigned, the railway administration gave evidence as to how the bale had been dealt with in the course of its transit. The learned Judge found that the wagon in which the goods were placed was secured on one side by a look described as 'Ellis' patent lock' and was secured on the other side by an ordinary lock. The Ellis patent lock is very secure, and it was found that it was used on that side of the wagon whi...
Parbhoo Dayal Vs. Dwarka Prasad and anr.
Court: Allahabad
Decided on: Nov-13-1931
Reported in: AIR1932All334
Mukerji, J.1. This is a revision against a decree of a Small Cause Court at the instance of the plaintiff, who has lost his suit.2. The facts that have been found by the Court below are these. The plaintiff and defendants, who are two in number, without the least semblance of right, removed the materials of a building in a certain village. The building belonged, in part to one Basityar Khan. Basityar Khan brought a suit, being No. 29 of 1927, against the present parties, to recover his own share of the value of the materials. That suit was decreed. The decree was executed against the plaintiff to the present litigation, namely, Parbhudayal and Parbhudayal satisfied that decree. Thereupon, Parbhudayal brought the suit, out of which this revision has arisen, to recover a certain sum of money said to be due to him from the defendants, by way of contribution.3. The learned Judge of the Small Cause Court dismissed the suit. He held:The plaintiff had no interest or share in the beams which h...
Mannu Lal and anr. Vs. Lachhaman Das and anr.
Court: Allahabad
Decided on: Nov-13-1931
Reported in: AIR1932All476
Mukerji, J.1. The question involved in this appeal is: what was the intention of Mt. Budhia, towards Phundu as regards her property, as expressed by her in her will?2. It appears that on the death of Mt. Budhia, Phundu took possession of her property which consisted of two houses and some moveables and mortgaged one of these to plaintiff 2. Phundu died without any heir. Defendant 1 obtained letters of administration to the estate of Mt. Budhia and by the permission of the District Judge, who granted the Letters of Administration sold the property, mortgaged by Phundu to defendant 2. Plaintiff 1 is a transferee from plaintiff 2 and has joined with the original mortgagee in the suit. The Court of first instance dismissed the suit holding that Phundu got nothing under the will but the lower appellate Court decreed the suit holding that Phundu was the legatee under the will and was entitled to make the mortgage. It is common ground that defendant 1 is not an heir to Mt. Budhia. It is also ...
Gobind Ram Vs. Jugal Kishore and ors.
Court: Allahabad
Decided on: Nov-07-1931
Reported in: AIR1932All245; 136Ind.Cas.76
Sulaiman, J.1. This is a plaintiff's appeal arising out of a suit by a cosharer for accounts against the other cosharers including the lambardar under Section 165 of the old Agra Tenancy Act. Only four points are urged in the grounds of appeal. The first is that as the lambardar was not realizing the rents and distributing the profits but the cosharers were making collection directly, the lambardar should not have been allowed the lambardar's remuneration at five per cent. This point has no force. The duties of the lambardar are manifold and are not confined to the realization of rents and distribution of the profits. So long as he holds the office he is entitled to his prescribed dues.2. The second point is that the decree should have been based on a gross rental against the lambardar. When it was conceded that by arrangement the cosharers were allowed to make their own collection, no question of the negligence of the lambardar arose if the total amount of rents were not collected. In...
Abdul Rab Vs. Akbar HusaIn and anr.
Court: Allahabad
Decided on: Nov-06-1931
Reported in: AIR1932All271
Mukerji, J.1. This is a pre-emption appeal and raises only one question of law, because the other questions involved in the suit have not been decided by the lower appellate Court. The plaintiff who is the appellant before us, based his suit on Section 5, Agra Pre-emption Act, and in order to comply with the requirements of that section produced an extract from the Wajibularz containing an entry as regards preemption.2. The Court of first instance decreed the claim on condition of payment of Rs. 1,900. There was an appeal and there was a cross-objection. The defendant's appeal succeeded on the ground that the entry in the Wajibularz read with Section 5, Agra Pre-emption Act, did not allow the plaintiff to maintain the suit. Section 5, Agra Preemption Act, lays down thata right of pre-emption shall be deemed to exist only in mahals or villages in respect of which any Wajibularz prepared prior to the commencement of this Act records a custom, contract or declaration :(a) recognizing, con...
Basdeo Singh Vs. Ram Raj Singh and ors.
Court: Allahabad
Decided on: Nov-05-1931
Reported in: AIR1932All166
Sen, J.1. This second appeal and the connected civil revision are inter-dependent and proceed upon common grounds.2. On 29th November 1928, Ram Raj Singh, Ram Deo Singh and Mt. Parkali instituted a suit against Basdeo Singh for a declaration of title to certain property situate in village Rajwari and for the cancellation of an award, dated 17th September 1928 made by Raghunandan Singh and others consequent upon an agreement of reference to arbitration, dated 2nd Juno 1928. The plaintiffs alleged that the agreement of reference was vitiated by fraud and that the award was not binding upon them. This suit was registered as No. 688 of 1928 in the Court of the Havali Munsif of Benares City. Basdeo Singh filed a written statement on 22nd January 1929 which amounted to a traverse of all the materials facts whereon the claim was founded.3. On 25th January 1929 Basdeo Singh presented an application in the same Court under para. 20, Section 2, Civil P.C., and prayed that the award, dated 17th S...
Lalman Vs. Ch. Bishambhar Nath
Court: Allahabad
Decided on: Nov-05-1931
Reported in: AIR1932All159; 137Ind.Cas.626
Pullan, J.1. This matter comes before this Court in the form of a reference by the Sessions Judge of Farrukhabad. There is also an application in revision of that order on behalf of one Lalman. This Lalman, who owns property on both sides of the Fatehgarh-Farrukhabad road, within the limits of the Fatehgarh Municipality, has boon working a lime kiln on his land on the north-east side of the road for the last 45 years. According to the Municipal bye-laws, which were published in the Gazette of 15th September 1928, no person is allowed to burn lime within Municipal limits without a license from the Municipal Board. Lalman has obtained a license from year to year, and as far as the Municipal Board is concerned he is still authorized to conduct the business of burning lime on this site. One Bishambhar Nath, who occupies a house on the opposite side of the road, made a complaint to a Magistrate of the First Class under Section 133, Criminal P.C, in which he said that the working of this kil...
Dhup Nath Upadhya and ors. Vs. Ram Charitra Upadhya and ors.
Court: Allahabad
Decided on: Nov-05-1931
Reported in: AIR1932All662
Sen, J.1. This is an appeal by the plaintiffs and arises out of a suit for a declaration that a deed of gift, dated 16th September 1927, executed by Mt. Dhana in favour of Earn Gharitra Upadhya, defendant 1, passed no title to the donee. The suit was contested on the ground that the title of the donor had matured by 12 years' adverse possession and that, in any event, the jural position of the donor was that of a Hindu widow. The Court of first instance repelled the pleas raised in defence and decreed the suit. The lower appellate Oourt found that Mt. Dhana was in possession of the property in her capacity as a Hindu widow belonging to a joint Hindu family, that she was in possession of the property in lieu of maintenance and that she did not acquire any title to the property by adverse possession. The Court however dismissed the plaintiff's suit for cancellation of the deed of gift in its entirety and upheld the transfer during the duration of Mt. Dhana's life. It has been contended t...
Mt. Nanhi Vs. Mt. Ketki
Court: Allahabad
Decided on: Nov-03-1931
Reported in: AIR1932All224; 136Ind.Cas.73
Niamatullah, J.1. This is an appeal by the defendant and arises out of a suit brought by the plaintiff respondent for damages for breach of a covenant, alleged to be express and, in the alternative, said to be in a sale-deed date 22nd March 1912, execute by the defendant appellant in favour of the plaintiff-respondent for a sum of Rs. 2,000 conveying certain house property. The Court of first instance dismissed the suit. The lower appellate Court has decreed the plaintiffs' claim to a smaller amount than that claimed by the plaintiff.2. The deed recites that the vendor has place the vendee in possession of the entire vended property and that part of the property was the subject of a deed of gift in favour of one Jwala Prasad, but that the vendor subsequently cancelled it by executing a deed of annulment. The implication of these recitals is that the vendor is the absolute owner of the property in spite of the infructuous deed of gift referred to. One of the clauses of the sale-deed pro...
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