Allahabad Court June 1931 Judgments
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Madho Singh and anr. Vs. Lala Keshab Deo and anr.
Court: Allahabad
Decided on: Jun-24-1931
Reported in: AIR1931All656; 136Ind.Cas.375
Mukerji, J.1. This case has been referred to a Bench of two Judges on the ground that the case involves a point of some difficulty.2. The facts of the case briefly are these: There were two occupancy tenants of a holding, e.g., Madho Singh the defendant-appellant before us, and Hoti Lal. The zamindar was Lala Keshab Deo. The rent of the occupancy holding being in arrears, proceedings were taken by Lala Keshab Deo under Section 81, Agra Tenancy Act, 1926. This rule of law laid down that it was open to a landholder to apply to the tahsildar for issue of a notice to his tenants for payment of arrears of rent and for his ejectment in case of default. A notice was issued to Hoti Lal, and also to Madho Singh under the guardianship of his uncle Hoti Lal. It has been found as a fact that Hoti Lal had no interest adverse to Madho Singh. The tenants did not appear. The arrears of rent being not made good, an order for ejectment was made on 11th April 19-27 and a formal delivery of possession was...
indrajit Partap Vs. Shewak Rai
Court: Allahabad
Decided on: Jun-24-1931
Reported in: AIR1932All149
Mukerji, J.1. This is a plaintiffs appeal arising out of a suit for arrears of rent and raises a point of law which is not covered by any decision of this Court.2. It appears that the defendant pays rent in kind and it is usual to divide the produce of the field on the spot in the presence of both the parties. The plaintiff's case was that there was an arrear of three years rent and he was entitled to the same. The plaintiff estimated the money value of the crop payable to him by way of rent. The defence was that the produce had been very much exaggerated and that, as a matter of fact, the defendant was not in arrear, having paid up to the karinda of the plaintiff.3. Several issues were framed by the Court of first instance, but the learned Assistant Collector decided the suit on the sole ground that no suit for arrears of rent could be maintained, where rent was payble in the way alleged by the plaintiff. There was an appeal by the plaintiff to the learned District Judge who agreed wi...
Sahu Kalyan Das Vs. Municipal Board
Court: Allahabad
Decided on: Jun-24-1931
Reported in: AIR1932All158
Sulaiman, Ag. C.J.1. This case has been referred by a learned Judge of this Court to a Bench of two Judges because it raises a novel point.2. At a municipal election held at Chandausi there was a quadrangular contest between four candidates, who had all deposited Rs. 50 as security under Rule 22 of the Municipal Rules. The applicant Sahu Kalyan Das got less than the minimum fraction of the number of votes recorded which is prescribed by Rule 34. The election was objected to by another defeated candidate and was ultimately set aside by the Commissioner. The learned Commissioner held that the election must be quashed because there were no official marks on the ballot papers at all required by Rule 45 and the whole proceedings were accordingly void ab initio. Rule 45 is imperative and lays down that the ballot paper shall be rejected if it has not the official mark. As none of the ballot papers had any official mark, they were all rejected, and the whole election was set aside and a fresh...
Balzor Singh Vs. Raghunandan Singh
Court: Allahabad
Decided on: Jun-23-1931
Reported in: AIR1932All548; 137Ind.Cas.191
1. This is a defendant's appeal arising out of a suit for pre-emption. The defendant was a stranger at the time of the institution of the suit and the plaintiff was a cosharer. During the pendency of the suit the defendant-vendee first obtained a deed of gift and then two deeds of exchange in order to defeat the claim for pre-emption. These gift and exchanges were obtained from persons, who were members of joint Hindu families and all the members had not joined in these transactions. The learned Subordinate Judge has accordingly held that these acquisitions do not confer an indefeasible interest in the mahal on the defendant-vendee and so do not entitle him to defeat the plaintiff's claim. He has further found that the gift was obviously voidable at the option of the other members of the donor's family and that the exchanges also were liable to be defeated because they were not for the benefit of the family of those persons from whom they had been obtained by the vendee. The learned ad...
Ganga Kalwar Vs. Beni Madho Prasad Singh
Court: Allahabad
Decided on: Jun-22-1931
Reported in: AIR1932All52
Smith, J.1. This is another of those cases in which the defence which is so common nowadays is made that there is a customary right of transfer of the sites of houses in a village. We are of opinion that, as has often been said, the most cogent evidence is required before such a custom can be held to be established.2. It is true that zamindars like everybody else must be watchful for in fringement of their rights, but that is a very different matter from saying that they must be perpetually harassing their tenants and watching them to sea every little thing they do. It may constantly happen that a particular tenant may exceed his rights even by the execution of a sale deed purporting to transfer the right to a site, but the transaction may take place in circumstances in which the zamindar is either ignorant of it, or even knowing of it does not think it worth his while to worry about it. We may give an illustration of this. An agricultural tenant may part with his house and purport to ...
Bal Kishen Das and ors. Vs. Bechan Pandey
Court: Allahabad
Decided on: Jun-22-1931
Reported in: AIR1932All96
Sulaiman, Ag. C.J.1. This is a defendants' appeal arising out of a suit for specific performance. Under a registered agreement dated 18th May 1924 the defendant accepted earnest money and undertook to sell immovable property to the plaintiff. A sale-deed was executed and was presented for registration by the vendee but the defendants did not turn up on the day when it was to be registered. An application was afterwards made to the Sub-Registrar for the registration of the sale-deed but that was refused as the defendant did not again appear, An appeal to the District Registrar was also dismissed because the defendant did not appear to admit the document and the document was not proved. The plaintiff then brought a suit under Section 77, Registration Act, for the compulsory registration of that particular document. The case was fought out and the finding was hi favour of the plaintiff. The decree however was in the form directing the defendant to get the sale-deed registered within thirt...
(Bohra) Ganga Nath and ors. Vs. Kunwar Zalim Singh and anr.
Court: Allahabad
Decided on: Jun-22-1931
Reported in: AIR1932All147
Kendall, J.1. This is an appeal from an order of the Additional Judge of Aligarh in an insolvency matter. The facts are briefly as follows : A petition was filed in the Court of insolvency against the present appellants by a firm Ram Dayal Roop Kishore on 26th February 1929. 'While this was pending, but more than three months after the alleged acts of insolvency, viz., on 30th April 1929 another petition was put in by Zalim Singh to the effect that he had no objection to the appellants being declared insolvent. On 19th October 1929 the original petitioning creditors made an application to withdraw their petition, and this was allowed by the trial Court. An appeal was filed against this order by Zalim Singh, who claimed that he should have been allowed to substitute his own name for that of the original petitioning creditor and to pursue the insolvency proceedings. The question considered by the lower appellate Court was whether Zalim Singh could be allowed to be substituted for the ori...
(Kunwar) Muhammad Abdul Jalil Khan Vs. (K.B. Nawab Muhammad) Ubaid Ull ...
Court: Allahabad
Decided on: Jun-22-1931
Reported in: AIR1932All169; 137Ind.Cas.166
Sulaiman, Ag. C.J.1. This is a defendant's appeal arising out of a suit for profits by a cosharer against the lambardar.2. Kunwar Abdul Latif Khan had dedicated all his property under a deed of wakf while he was suffering from marzulmaut. He appointed the present plaintiff as the trustee, but after his-death the heirs did not accept the wakf and took possession of their respective-shares in the estate. To this the present plaintiff consented and he did not at first assert his rights as a trustee. The names-of all the heirs were entered in the revenue papers against their respective legal shares, and the name of the present plaintiff was not entered as the trustee.3. Some years afterwards the present plaintiff instituted a civil suit against the heirs of Kunwar Abdul Latif Khan including the present defendant Kunwar Abdul Jalil Khan. In the plaint he admitted that the heirs did not deliver possession of the property to the plaintiff as muttawali and they were holding the property as tre...
Balkishan Das and ors. Vs. Bachan Pandey
Court: Allahabad
Decided on: Jun-22-1931
Reported in: 136Ind.Cas.561
1. This is a defendants' appeal arising out of a suit for specific performance. Under a registered agreement dated the 18th May, 192l, the defendant accepted earnest money and undertook to sell certain immoveable property to the plaintiff. A sale deed was executed and was presented for registration by the vendee but the defendant did not turn up on the day when it was to be registered. An application was afterwards made to the Sub-Registrar for the registration of the sale deed, but that was refused as the defendant did not again appear. An appeal to the District Registrar was also dismissed because the defendant did not appear to admit the document and the document was proved. The plaintiff then brought a suit under Section 77 of the Indian Registration Act for the compulsory registration of that particular document. The case was fought out and the. finding was in favour of the plaintiff. The decree however was in the form directing the defendant to get the sale deed registered within...
Mohammad Basir and anr. Vs. Emperor
Court: Allahabad
Decided on: Jun-19-1931
Reported in: AIR1932All185
ORDERBajpai, J.1. Two persons, Mohammad Bashir and Bassan alias Bashir, were convicted by a Magistrate of the First Glass under Section 60(a), U.P. Excise Act and sentenced to two years' rigorous imprisonment and a fine. On appeal their convictions were maintained by the learned Sessions Judge of Cawnpore. They have applied in revision to this Court and their case has been presented before me by Mr. Kapil Deo Malaviya and he has asked me to consider the cases of the two applicants Separately.2. It appears that Mahammad Bashir is the occupant of the house which waS raided at 6 p.m. on 8th December 1930. Some cocaine was found in his house at three or four different places. It is quite clear that the Excise Inspector went to the house with his peon without having, taken a warrant from a Magistrate and without having taken a couple of respectable witnesses of the locality. These were irregularities and a great deal has been made by the defence out of these irregularities. It is of the utm...
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