Allahabad Court March 1933 Judgments
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Mt. Gomti and ors. Vs. Meghraj Singh and ors.
Court: Allahabad
Decided on: Mar-08-1933
Reported in: AIR1933All443; 145Ind.Cas.147
Kisch, J.1. This is a second appeal by the defendants in a redemption suit which has been decreed by the trial Court and the decree affirmed by the lower appellate Court. The suit has been very hotly contested in all Courts as, although the alleged mortgage was for a sum of Rs. 2,550 only, the property with the constructions upon it is now said to be worth well over a lac of rupees. The plaintiffs' case was that on 25th March 1844 one Gulab Singh whose representatives in interest are Bhojraj Singh and Meghraj Singh, plaintiffs 1 and 2, executed a sale-deed by which he transferred 5 biswas of four villages, all of which are now included in the town of Bahjoi, district Moradabad, to Het Ram and Tulla Ram, the predecessors in interest of the defendants, some of whom are the legal representatives of the alleged mortgagors and others transferees of portions of the property. On the same date Het Ram and Tulla Ram executed an agreement by which they covenanted to return the' property on the p...
Kundan Lal Vs. Deep Chand
Court: Allahabad
Decided on: Mar-08-1933
Reported in: AIR1933All756a
Rachhpal Singh, J.1. These are two connected appeals. Mt. Miran was the owner of a stone quarry. On 26th March 1927, she gave a lease of it to Kundan Lal and Moti Lal. The lease was given for a period of two years. The lessees agreed to pay Rs. 70 yearly as rent. During the continuance of the lease, Moti Lal assigned his rights in it to Kundan Lal. Mt. Miran died. Before the expiry of the period of two years, Deep Chand, the heir of Mt. Miran gave a notice to Kundan Lal plaintiff to quit. Kundan Lal did not comply with this demand. The result of the dispute was that two suits were instituted, one by Kundan Lal and other by Deep Chand. Kundan Lal in his suit contended that the lease given to him by Mt. Miran was for an indefinite period and that under its terms, he was entitled to keep the quarry in his possession for as long as he liked on payment of Rs. 70 per annum. He complained that Deep Chand was wrongfully interfering with his (Kundan Lal's) enjoyment of the lease. He therefore a...
Kalka Singh Vs. Namdar Khan
Court: Allahabad
Decided on: Mar-07-1933
Reported in: AIR1933All389
ORDERKendall, J.1. This is an application for the revision of a decree and order of the Judge' of the Small Cause Court of Jaunpur, dismissing the suit of the plaintiff applicant for compensation for dispossession of the property purchased from the defendant. The circumstances are briefly that the defendant had purchased some immovable property from a Hindu widow, who was in need of money for the' purposes of pilgrimage, and that the defendant thereafter sold the property to the plaintiff. It has been found by the Court below and indeed admitted by the plaintiff that at 'the time' of his purchase from the defendant, his knowledge of the defendant's title to the property was just as extensive as that of the defendant himself, that is to say, he' knew that the property had been purchased from a Hindu widow who had a limited interest, and that the widow could not legally transfer the property except for legal necessity, but it appears that both, parties to the contract for sale were doubt...
B. Sarda Prasad Vs. Kanhai Lal and ors.
Court: Allahabad
Decided on: Mar-07-1933
Reported in: AIR1933All412; 145Ind.Cas.304
Bennet, J.1. This is a second appeal by defendant 7, Sarda Prasad under the following circumstances: There were two properties, one in Jaswantnagar and one in Mubarakpur Gudha owned by Ganga Prasad, and he executed on 1st March 1909, a simple mortgage for Rs. 1;200 in favour of Nand Kishore and Dilasaram, and on 17th September 1913, a simple mortgage for Rs. 200 in favour of the' same persons. On these two simple mortgages the mortgagees brought a suit, for sale, Suit No. 42 of 1917 and a decree was obtained in that year, and again sale was made, and the property of Jaswantnagar was purchased by a person Gulzari Lal on behalf of Sarda Prasad, the appellant, before us. The sale was confirmed on 21st February 1919. Now Ganga Prasad had made another simple mortgage on 20th February 1914, in favour of the present plaintiff. The plaintiff has sued on his simple mortgage and he made the present appellant Sarda Prasad a defendant 7, on the ground that he was a subsequent purchaser of part of ...
Mahmud Ali Khan Vs. Emperor
Court: Allahabad
Decided on: Mar-07-1933
Reported in: AIR1933All438
Young, J.1. This is an application in revision from the decision of the learned Sessions Judge of Farrukhabad. The applicant, Mahmud Ali Khan was charged under Sections 60(a)(b) and (f) of the Excirse Act, Section 9(c) of the Opium Act, Section 19 of the Arms Act and Section 332 of the Indian Penal Code before a Magistrate of the first class. He was found guilty by the learned Magistrate and sentenced to one year's R.I. and a fine of Rs. 500 under Section 60(a) of the Excise Act and one year's R.I. and a fine of Rs. 500 under Sections 60(b) and (f) of the same Act. Under Section 9(c) of the Opium Act he was sentenced to one year's' R.I. and a fine of Rs. 100. Under Section 19 of the Arms, Act he was sentenced to one year's R.I. Under Section 332 I.P.C. he was sentenced to four months' R.I, the sentences to run consecutively, making a total in all of four years and 4 months' R.I., and the fines amounted in all to Rs. 1,100.2. The police by Farrukhabad obtained information that Mahmud Al...
Sri Shambhu Prasad and anr. Vs. Mahadeo Prasad and ors.
Court: Allahabad
Decided on: Mar-06-1933
Reported in: AIR1933All493
Sulaiman, C.J.1. This is a defendants' appeal arising out of a suit for recovery of possession of certain immovable properties. It appears that there were two brothers Ram Rattan and Gajadhar Prasad of whom the former died about the beginning of 1909. He left a daughter Mt. Saraswati whose sons the present plaintiffs are. There was some dispute in the mutation proceedings in which Mt. Saraswati made a statement that Gajadhar Prasad was the heir of the deceased. Gajadhar Prasad's name was accordingly entered in the revenue papers and he got possession. Gajadhar Prasad later on transferred part of the properties on 10th September 1914 to the defendants-appellants. In 1922 Mt. Saraswati died. After her death the present suit was instituted by her sons on 10th May 1928 against the transferees. The plaintiffs' case was that the transfer of possession by Mt. Saraswati to Gajadhar Prasad was without any legal necessity and that the transfer by Gajadhar Prasad to the defendants was not binding...
Emperor Vs. Subhani
Court: Allahabad
Decided on: Mar-03-1933
Reported in: AIR1933All465
Iqbal Ahmad, J.1. This is a reference by the learned Sessions Judge of Mirzapur recommending that the conviction of Subhani under Section 16, Motor Vehicles Act (Act No. 8 of 1914) for contravening Rules 79 and 81, U.P. Motor Vehicles Rules of 1928 by a Magistrate of the First Class be quashed and that the fine paid by Subhani be refunded to Mm. The facts found by the learned Magistrate are that lorry No. 94 was driven on the Chilh-Gopiganj Road by. one Niaz Ahmad and that Subhani accused was in charge of the lorry. The permit that was granted to the owner of the lorry accorded permission for the lorry in question to ply within the Bhadohi district and the road on which the lorry was permitted to ply was also specified in the permit in the following words: 'State portion of the road from Bhadohi to Chilh. 'The Chilh-Gopiganj Road on which the lorry was being driven by Niaz Ahmad was not specified in the permit. The maximum number of passengers and the maximum weight of goods which coul...
Gopal Singh Vs. Kailash Gir and ors.
Court: Allahabad
Decided on: Mar-03-1933
Reported in: AIR1933All652
Bennet, J.1. This is a first appeal from order brought by Gopal Singh, one of the defendants. There was a suit brought under Section 132. Act 3 of 1926, Agra Tenancy Act, by a landowner against Gopal Singh, Bhola Singh and Gangadhar Dube as the three thekadars of a perpetual lease for Rs. 5,952, arrears of rent for the years F.1336 to 1338. There was some deficiency in court-fees, and eventually, the case was fixed for 21st April 1932, for final hearing after issues had been framed. At that time, the Court hours were apparently in the early morning, from 6 a. m., to noon, owing to the hot whether, and on the date in question the Court disposed of this case, decreeing it ex parte against all the three defendants, on the ground that they had failed to produce any evidence. On the next day, 22nd April 1932,anapplicatio;n was made by the three defendants for restoration of the case on the ground that they had been present until 12 o'clock in the day and when the presiding officer did not c...
Ananda Prasad Vs. Bhagwant Prasad and ors.
Court: Allahabad
Decided on: Mar-03-1933
Reported in: AIR1933All926
Niamatullah, J.1. This appeal has arisen out of a suit brought by the plaintiff-appellant for a declaration that the parties to the suit are the four partners in a firm styled, Luxmi Flour Mill, each having an equal share in the assets thereof, and that the defendant 1 is not entitled to have the Mill attached and sold in execution of a decree obtained by him against defendant 3.2. The plaintiff's case as set out in the plaint is as follows: The plaintiff, Ananda Prasad, the defendant 1 Babu Bhagwant Prasad, an Advocate practising at Ghazpur, defendant 2 Tirjugi Narain, who is a cousin of the first defendant and Haranandan Singh, defendant 3, a brother-in-law (sister's husband) of the plaintiff, entered into an agreement of partnership for the purpose of setting up a flour mill at Ballia with a capital of nearly Rs. 4,000. Each partner agreed to contribute Rs. 1,000. The plaintiff advanced Rs. 2,000 for himself and his brother-in-law, Harnandan Singh. The defendant 1 advanced the remai...
B. Upendra Nath Basu Vs. B. Het Lal and ors.
Court: Allahabad
Decided on: Mar-02-1933
Reported in: AIR1933All380
King, J.1. This is a defendant's appeal arising out' of an order passed by the Subordinate Judge of Benares under para. 21, Schedule 2, Civil P.C. ordering an award to be filed and pronouncing judgment according to the award. The appellant Babu Upendra Nath Basu was defendant 1 in the suit. In the year 1908 he purchased certain zamindari property in the village called Raitar in the District of Patna which is in the province of Bihar and Orissa. In 1902, the appellant borrowed a sum of Rs. 61,000 from Ishwari Prasad and in 1914 Ishwari Prasad and the appellant agreed that Ishwari Prasad should have a half share in. the Raitar property in lieu of his loan. No conveyance was executed in Ishwari Prasad's favour but the appellant continued to manage the Raitar property both for Ishwari Prasad and for himself and to pay a half share of its profits to Ishwari Prasad. After Ishwari Prasad's death his sons and grandson entered into an agreement with the appellant on 25th April 1925 in respect o...
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