Allahabad Court December 1933 Judgments
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Habib Ullah Vs. Mt. Ganesh Dai and anr.
Court: Allahabad
Decided on: Dec-06-1933
Reported in: AIR1934All447; 150Ind.Cas.601
Niamatullah, J.1. This is a defendant's appeal and arises out of a suit for several reliefs. The appeal is concerned only with relief (c) as stated in para. 11 of the plaint. The trial Court had dismissed the plaintiff's suit in its entirety. The lower appellate Court had granted relief (c) which; relates to the plaintiff's right of egress and ingress through a dehliz belonging to the defendant. The defendant's house is to the south of the plaintiff's. The plaintiff's house was Kachcha at one time and had a door to the east. It is alleged by him that it had also a khirki or window to the south-east of that house opening into the dehliz of the defendant through which egress and ingress was also possible though it appears that the main entrance to the plaintiff's house was to the east. The plaintiff's house now appears to be in a dilapidated state, but he claims his right of way through the defendant's dehliz.2. The plaintiff's house and that of the defendant's which is pucca belonged to...
Partab Chand Ratan Chand Vs. Gilbert
Court: Allahabad
Decided on: Dec-06-1933
Reported in: AIR1934All695
Young, J.1. This is a second appeal from the decision of the learned Subordinate Judge of Allahabad. The plaintiff negotiated for the payee five post-dated cheques for consideration before the date of payment. The total value of the cheques was Rs. 1,000. They were dishonoured on presentation. He sues the drawer of those cheques. One would have imagined that the case was as simple as it possibly could be. Yet the learned Judge in the lower appellate Court has entered into a long discussion as to the construction of Section 6, Negotiable Instruments Act, and has come to the conclusion that a proper construction of Section 6 is that a post-dated cheque is not a valid negotiable instrument. If the learned Judge were right one of the most common methods of financing commercial operations would be suddenly put an end to. A cheque, as Section 6 says, is a bill of exchange drawn in a special manner. But it is a bill of exchange none the less and as a bill of exchange it is negotiable : see Ca...
Mt. Parbha Vs. Lala Suraj Bhan and ors.
Court: Allahabad
Decided on: Dec-06-1933
Reported in: AIR1935All157
Thom, J.1. This is a plaintiff's appeal against an order of the Subordinate Judge of Saharanpur directing that the plaint in the suit in which the order has been passed should be returned to the plaintiff for presentation in the Court of the Munsif.2. In the plaint the plaintiff prayed for a decree for absolute possession on the dispossession of the defendants and removal of their appropriations in respect of property mentioned in Schedule (B) and for a decree of joint possession in respect of property mentioned in Schedule (C). The plaintiff further claimed a number of minor reliefs. She claimed alternatively:If for any reason the defendants may consider that they would not get their full half-share by separate possession, then the Haweli mentioned in list (A) may be caused to be partitioned through the Court Amin and separate possession over half the partitioned share may be awarded. This relief is laid at Rs. 10,000.3. The property in question was at one time the joint property of a...
Mt. Beni Kunwar Vs. Shah Mohammad Ahsan Ullah
Court: Allahabad
Decided on: Dec-06-1933
Reported in: AIR1935All151
Young, J.1. This is a second appeal from the decision of the learned District Judge of Ghazipur. The plaintiff brought an action for recovery of her share of profits of a mahal under the old Tenancy Act. The revenue Court decreed the suit. The lower appellate Court has dismissed the suit.2. The dispute concerned a plot of land in the abadi of the village. The plaintiff and the defendant are co-sharers in the mahal. The defendant had a house in the abadi in which he lived. In the years 1330, 1331 and 1333 Fasli, the house having disappeared, the land was cultivated by the defendant through some sub-tenants. The lower Courts have found that the plaintiff's share of the profits for the three year if recoverable, amounted to Rs. 22 odd. The lower appellate Court came to the conclusion that as this was abadi land and the plot had been used for a house by the defendant, the profits arising in these three years would not be divisible among the general body of co-sharers.3. In my opinion, the ...
Jit Singh and ors. Vs. Shah Munir and ors.
Court: Allahabad
Decided on: Dec-06-1933
Reported in: AIR1935All155
Mukerji, J.1. The plaintiff-respondent, Shah, Munir, brought the suit out of 'which this appeal has arisen for recovery of a certain amount of money as arrears of rent due to his (Shall Munir's) assignors, Jumman and Minnat Ali, defendants 4 and 5, to the suit. It was alleged in the plaint that the first three defendants to the suit were sub-tenants of the principal tenants, who were holders of occupancy rights.2. The defence of the first three defendants was that they were not tenants, but held as mortgagees from the principal tenants. They produced in support of their allegation an unregistered mortgage-deed, but this was rejected and was not allowed to be put into evidence on the ground that the deed was not registered. Although an unregistered deed could not create a mortgage the mortgage would be created by delivery of possession. It is common ground that the first three defendants are in possession. The question is whether they are in possession as sub-tenants of the defendants 4...
iftikhar Wali Khan and ors. Vs. Sikandar Begam and anr.
Court: Allahabad
Decided on: Dec-05-1933
Reported in: AIR1934All179
Rachhpal Singh, J.1. This is an appeal from the decree passed by the learned Subordinate Judge of Bareilly in a suit brooght by the plaintiff-respondent, Mb. Nawnb Sikandar Begam, for a declaration that a deed of gift, dated 13th April 1928, purporting to have been exeouted by her in favour of her minor grandson, ZulBqar Wali Khan, defendant 2, and a deed of mortgage, dated 19bh February 1929, executed by her son, Malik Ittikhar. Wall Khan, defendant 1, as guardian of defendant 2, in favour of Lala Earn Oharan Lai, defendant 3, are null and void against her. She has also sued for mesne profits, which were neither valued in the plaint, nor any court-fee was paid thereon. The suit was decreed as against defendants 1 and 2, except as regards mesne profits, and the deed of gift was annulled. As regards the mortgage deed in favour of defendant 3, the suit was dismissed. The present appeal has been preferred by defendants 1 and 2. The plaintiff-respondent has not questioned the decree so far...
Banwari Lal Vs. Chhedi Lal
Court: Allahabad
Decided on: Dec-05-1933
Reported in: AIR1934All250
ORDERKendall, J.1. This is an application for the revision of an order of the Munsif of Patehpur allowing a review. One of the questions raised was whether such an order was open to revision by the High Court. Under Section 115, Civil P. C.:The High Court may call for the record of any case which has been decided by any Court subordinate to such High Court and in which no appeal lies thereto, and in case of Mahadeo Prasad v. Khubi Ram : AIR1929All793 a Bench of this Court held that:Where a trial Court has acted with material irregularity in the exercise of its jurisdiction or acted illegally, the High Court has power to interfere in revision provided that no appeal lies to the High Court. Section 115, Civil P.C., does not require that no appeal in the meantime should have been preferred to the Distriot Judge or that, if preferred, it is only the order of the District Judge which can be revised. 2. These observations are of importance because it transpired in the course of the hearing t...
Jwala Prasad Vs. Emperor
Court: Allahabad
Decided on: Dec-05-1933
Reported in: AIR1934All320
ORDERYoung, J.1. This is an application in revision from the decision of the learned Sessions Judge of Agra. Sita Ram and Jwala Prasad were charged in the Court of the learned City Magistrate of Agra under Sections 379 and 411, Penal Code. The learned Magistrate sentenced each of the accused to six months rigorous imprisonment under Section 379, and also inflicted a fine of Rs. 35 upon each of them under section 411. The learned Sessions Judge acquitted Sita Ram on both charges, but upheld the conviction of Jwala Prasad. He however reduced the sentence under Section 379 to one of three months' R. I. Jwala Prasad applies in revision to this Court.2. Apparently the Electric Supply Co. of Agra has suffered from the depredations of the citizens of that town. The company has therefore very properly taken steps to discover and have punished those guilty of stealing their electricity. Mr. Rose, the Assistant Resident Engineer, together with the main Superintendent, went to the premises occupi...
Bisheshar Nath Vs. Abdul and anr.
Court: Allahabad
Decided on: Dec-05-1933
Reported in: AIR1934All333
Sulaiman, C.J.1. This is a plaintiff's appeal arising out of a suit for arrears of rent for the years 1332 to 1335, Rasli. It appears that in 1925 when the crops were standing they were distrained by the zamindar on the ground that cash rents were payable. A suit was filed by the tenants that the distraint was illegal as the rent was not cash, but was produce rent. The Assistant Collector held that the distraint was illegal, decreed the claim and released the crops. This part of the decree was affirmed on appeal though on appeal the finding that there had been a payment of the rent was not accepted. After this the zamindar brought the present suit for arrears of rent on the basis of the money equivalent of the produce. The plea taken in the written statement now was that no suit was maintainable because there had been no appraisement of the produce. The Assistant Collector following a ruling of the Board of Revenue in the case of Muhammad Bashir v. Nathu S.D. No. 3 of 1929, held that t...
Jwala Prasad and anr. Vs. Emperor
Court: Allahabad
Decided on: Dec-05-1933
Reported in: AIR1934All331
ORDERBennet, J.1. This is an application in revision against the conviction of two persons Jwala Prasad and Ram Prasad under the Child Marriage Act, Act 19 of 1929. Jwala Prasad has been convicted under Section 4 for marrying a child, and Ram Prasad has been convicted under Section 5, the sentences being Rs. 200 in the case of Jwala Prasad and Rs. 50 in the case of Ram Prasad. It is admitted that the marriage of Jwala Prasad to this girl took place and that Ram Prasad officiated as a priest. The defence put forward is that the applicants were misled by a certificate which was granted by a woman medical officer in charge of the Dufferin Hospital Farrukhabad, to the effect that the girl was not less then 14 years of age. On the other hand the Civil Surgeon gave evidence that the girl was about 12 years of age. The Court accepted the evidence of the Civil Surgeon. The father of the girl did not produce any evidence of a birth register to contradict the Civil Surgeon. There is no doubt the...
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