Allahabad Court January 1933 Judgments
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Tapesar Singh and ors. Vs. Chhabi Ahir and ors.
Court: Allahabad
Decided on: Jan-03-1933
Reported in: AIR1933All631
Iqbal Ahmad, J.1. This is a plaintiffs' appeal and arises out of a suit for a declaration that the lease dated '29th May 1917, is invalid and for a decree for joint possession over the plots in respect of which the said lease was granted. It is common ground that the plaintiffs and the defendants second party are the members of a joint Hindu family. Bansidhar and Sheojanam Singh who were among the defendants second party leased the plots in dispute in perpetuity to the defendant-respondent. One of the plots leased is situate in the District of Ghazipur and the remaining plots are in the province of Bihar. The suit giving rise to the present appeal was brought in the Court of the Subordinate Judge of Ghazipur. The plaintiffs impugned the validity of the lease on the ground that it was without consideration and without any family necessity. The defendant resisted the suit on a variety of grounds. He maintained that the lease was for consideration, for family necessity and having been gra...
Tika and ors. Vs. Bibi Kalsumulnissa, and anr.
Court: Allahabad
Decided on: Jan-03-1933
Reported in: AIR1933All624; 150Ind.Cas.264
Thom, J.1. This is a first appeal from an order made by the Additional Subordinate Judge of Bulandshahr. The defendants who are appellants were sued by a zamindar. The sum claimed by the plaintiffs was Rs. 75, in the name of compensation as the price of 4 trees which it was alleged the defendants had wrongfully cut. The learned Munsif who heard the case in the first instance dismissed the suit, but in the lower appellate Court the Munsif's judgment was set aside and a remand, was made for the purpose of ascertaining the amount of compensation due. The defendants plead' in defence Sections 183, 184 and 185 of the Agra Tenancy Act of 1926, in particular they rely upon Section 185 which enacts that no suit shall lie under the provisions of Ch. 11 which relates to rent free grants except in certain specified cases. The defendants claim that they hold the grove in question as a rent free grant and that no suit lies against them because of the provisions of Section 185. Now to succeed in thi...
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