Allahabad Court March 1931 Judgments
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Lakhmi Chand Vs. B. Ram Lal Kapoor Vakil
Court: Allahabad
Decided on: Mar-03-1931
Reported in: AIR1931All423
Bennet, J.1. This is a second appeal by the defendants against concurring orders of the two lower Courts that the plaintiff should be granted a decree on a claim for debt due from the defendants on a promissory note and on account books to the estate of one Bika Ram deceased. The only point which was argued before us was whether the suit was correctly brought in the name of B. Ramlal Kapoor, vakil, as curator of the property of Bika Ram, deceased. The plaint set forth that the plaintiff was appointed curator of this estate and that he was instructed by the Court of the Additional District Judge to realize the outstanding debts due to the deceased and that this order had been notified in the Government Gazette. In reply to this application the written statement, para. 1, stated that the contents of para. 1 were not known to the defendants. A distinction is to be drawn between this pleading of ' not known ' and the pleading in regard to the other paragraph of the plaintiff which was ' no...
Raghunath Prasad and anr. Vs. Jwala Prasad and ors.
Court: Allahabad
Decided on: Mar-02-1931
Reported in: AIR1931All378; 140Ind.Cas.524
King, J.1. This appeal arises out of a suit for damages for fruit misappropriated by the defendant from a grove and for a permanent injunction restraining the defendant from interfering with the plaintiffs' possession of the trees of the grove. On 15th September 1927, the defendant executed a usufructuary mortgage of certain plots of land, which have been held to be grove land, in favour of the plaintiffs. The property was described as being resumed muafi, and it was recorded as sir land. On 20th January 1928, the zamindar brought a suit for the determination of the rent of the mortgagor on the ground that by reason of the transfer of his proprietary rights under the usufructuary mortgage, he had become an exproprietary tenant and his rent should be fixed. Accordingly the revenue Court fixed Rs. 10-10-0, as the rent of the defendants as an exproprietary tenant. Subsequently, a dispute arose between the parties or their lessees for possession and enjoyment of the produce of the grove, a...
Pitam Lal and ors. Vs. Kalla Ram and ors.
Court: Allahabad
Decided on: Mar-02-1931
Reported in: AIR1931All489; 136Ind.Cas.284
Sulaiman, J.1. Two questions have been referred to this Full Bench for consideration. They are:(1) Whether an application for the grant of probate of an oral will can be entertained under the Probate and Administration Act (Act 5 of (1881);and(2) whether the Act would apply to a case where the substance of the oral will was taken down by a witness at the time.2. If the questions were res integra and we had to consider nothing but the provisions of the Probate and Administration Act (Act 5 of 1881) there would be considerable difficulty in holding that a. probate of an oral will would be granted.3. No doubt the definition of 'will' though not that of 'codicil' in Section 3 was wide enough to include an oral will. But 'probate' was defined as meaning the copy of a will certified under the seal of a Court of competent jurisdiction, with a grant of administration to the estate of the testator. We then had Sections 24, 25, 26 and 27 relating to the grants limited in operation. The language ...
Hukum Kandoo Vs. Babu Jaintri Govind Rai and ors.
Court: Allahabad
Decided on: Mar-02-1931
Reported in: AIR1931All595
Boys, J.1. A preliminary objection is taken that no second appeal lies on the ground that the case was one of Small Cause Court nature. We think the objection is sound. In all these cases where it is suggested that the suit is one for damages or loss due to an offence punishable under Chap. 17, I. P. C, the decision must vary according to the particular circumstances set out, and the various allegations made, in the plaint. It is manifest that in some instances there would be a plain unambiguous accusation of an offence and in some cases there will be nothing whatever to suggest that a civil wrong had been committed. Between the two there must be an infinite variety of cases until those two which are one on each side of the border line are very very approximate in their facts. Each case must be considered on its own allegations in the plaint. There may also be circumstances, of course, in the past history which may help the interpretation of the plaint. For instance, in this case there...
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