Allahabad Court April 1933 Judgments
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Markandey Singh and ors. Vs. Badan Singh and ors.
Court: Allahabad
Decided on: Apr-26-1933
Reported in: AIR1933All568; 147Ind.Cas.517
Rachhpal Singh, J.1. This is a plaintiffs' appeal arising out of a suit instituted by them against the defendants-respondents to recover possession over the property specified in the plaint and mesne profits. The plaintiffs and their father Sheoharan Singh, who constituted a joint family, owned fractional shares in villages Turwa, Pipraul and Atauli. On 10th December 1919, Sheoharan Singh executed a sale-deed in consideration of Rs. 10,500 in favour of Rachhu Singh under which he sold the shares owned by the joint family in the aforesaid three villages. On the same date, he purchased a two-anna share in village Basgaon from one Lochan Singh for a sum of Rs. 12,000. Sheoharan Singh died in 1927. Rachhu Singh died about seven years before the date of the suit. The plaintiffs alleged in their plaint that the sale-deed which their father executed in favour of Rachhu Singh on 10th December 1919, was not binding upon them for the following reasons:Sheoharan Singh was a man of weak intellect ...
(Sahu) Shyam Lal Vs. M. Shayamlal
Court: Allahabad
Decided on: Apr-26-1933
Reported in: AIR1933All649
Sulaiman, C.J.1. This has been referred to a Full Bench because of certain important questions of law which arise in it. It appears that Sahu Shyam Lal instituted Suit No. 125 of 1923 in the Court of the Subordinate Judge of Moradabad for dissolution of his partnership with Kalyan Das and others. On 25th December 1923, the parties compromised their dispute and a written compromise was filed in Court. Under this compromise, apart from the liability to pay Rupees 1,000,, the defendant agreed that Rupees 1,500 were further due to the plaintiff from the defendant and he agreed to pay the amount in annual instalments of Rs. 150 each spread over a number of years. It was also provided that in a default of payment of any instalment, the whole of the amount would become due and would be payable with interest at 1 percent, per mensem, and it further provided that the property specifically mentioned in the compromise would remain (makful and marhun) hypothecated and mortgaged for the amount due ...
Sahu Shyam Lal Vs. M. Shayamlal
Court: Allahabad
Decided on: Apr-26-1933
Reported in: 146Ind.Cas.145
1. This has been referred to a Full Bench because of certain important questions of law which arise in it. It appears that Sahu Shyam Lal instituted Suit No. 125 of 1923 in the Court of the Subordinate Judge of Moradabad for dissolution of his partnership with Kalyan Das and others. On December 25, 1923, the parties compromised their dispute and a written compromise was filed in court. Under this compromise, apart from the liability to pay Rs. 1,000, the defendant agreed that Rs. 1,500 were further due to the plaintiff from the defendant and he agreed to pay the amount in annual instalments of Rs. 150 each spread over a number of years. It was also provided that in a default of payment of any instalment, the whole of the amount would become due and would be payable with interest at 1 per cent, per mensem and it further provided that, the property specifically mentioned in the compromise would remain (makful and marhun) hypothecated and mortgaged for the amount due to the plaintiff and ...
Ram Adhar and anr. Vs. Mt. Sudesra
Court: Allahabad
Decided on: Apr-25-1933
Reported in: AIR1933All491; 145Ind.Cas.529
Mukerji, J.1. This is a reference to a Full Bench. The questions to be decided are: '(1) Does the word ''sister' in Section 2, Hindu Law of Inheritance (Amendment) Act, 2 of 1929, include a half sister? (2) If so, does it include both a half-sister by the same father and a half-sister by the same mother?' These are abstract questions of law, and we therefore need not go into the facts of the case. The word 'sister' in the English language ordinarily means a sister of the full blood. For authority, see Murray's English Dictionary, 1919 Edition. It says: 'A female in relationship to another person or persons having the same parents.' Then (sic) notes in smaller types 'Sometimes loosely used in the sense of half-sister, and in that of sister-in-law.' In the Concise Oxford Dictionary 'sister' is stated to mean 'daughter of the same parents' (also sister-german) or (strictly half-sister parent). This means that a sister must be the child of the same parents, but sometimes a half-sister is a...
Mohammad Abdul Jalil Khan and anr. Vs. Mohammad Abdul Salam Khan
Court: Allahabad
Decided on: Apr-25-1933
Reported in: AIR1933All519
Sulaiman, C.J.1. This is a defendants' appeal arising out of a suit instituted by the plaintiff which has been partially decreed by the Court below. The plaintiff-respondent and the defendants-appellants are three brothers; they are joint owners of the five properties, situate in Aligarh, detailed in the plaint. Each of the three brothers owned one-third share in them. Property No. 1 is a pucca residential) house, while properties Nos. 2 to 5 are kutcha buildings known as ahatas.2. The plaintiff, in his plaint, stated that during the period of three years from 1st June 1925, to 31st May 1928, the plaint property had been in use and possession of the defendant, that properties Nos. 1 and 2 could be let at about Rs. 300 per mensem and that therefore he was entitled to recover from the defendants a sum of Rs. 100 monthly as compensation for the use and occupation of his one-third share of these two properties. As regards properties Nos. 3 to 5 the plaintiff alleged that the defendants had...
Munna Lal Vs. Shiva Charan Lal
Court: Allahabad
Decided on: Apr-25-1933
Reported in: AIR1933All539
Niamatullah, J.1. This is an application for revision by the defendant in a suit which was dismissed by the lower Court for non-appearance of the plaintiff but subsequently restored on an application purporting to be one under Order 9, Civil P.C. It appears that the case was fixed for final disposal on 2nd March 1932, when it was called but the plaintiff was found to be absent. His pleader appeared and represented that he could not lead evidence in the absence of the plaintiff himself. He however offered to argue the questions of law arising in the case. The learned Munsif recorded the evidence of one witness of the defendant but dismissed the plaintiff's suit 'for default of the plaintiff.' On 1st April 1932, the plaintiff presented an application at 4-30 p. m., for restoration of the suit. In support of the application an affidavit was filed showing the circumstances in which the plaintiff was absent on 2nd March 1932. It was alleged that he had gone to fetch his witnesses and was de...
Mangat Rai and ors. Vs. Duli Chand and ors.
Court: Allahabad
Decided on: Apr-25-1933
Reported in: AIR1933All579; 147Ind.Cas.932
Young, J.1. This is a first appeal from the judgment of the Additional Subordinate Judge of Meerut. The plaintiffs brought a suit for declaration that they were the owners of certain property and that the defendants had no right to it. The lower Court dismissed the suit. The plaintiffs appeal. The admitted facts are as follows: One B. Duli Chand, a vakil, together with his two infant sons, were the mortgagees of the land in suit. On 12th March 1927, B. Duli Chand obtained a decree for sale of the mortgaged property for the sum of Rs. 5,000. The property in due course was put up to auction and was purchased by Duli Chand for Rupees 1,300. On 5th September 1927, the sale was set aside at the instance of the judgment-debtor by the Subordinate Judge. On the 7th of the same month the judgment-debtor sold this property together with other property to the plaintiffs for the sum of Rs. 13,000. On 1st November 1927, B. Duli Chand filed an appeal in the High Court against the order setting aside...
Mt. Anis Begam and ors. Vs. Malik Muhammad Istafa Wali Khan
Court: Allahabad
Decided on: Apr-25-1933
Reported in: AIR1933All634
Sulaiman, C.J.1. This is a defendants' appeal arising out of a suit for restitution of conjugal rights. The plaintiff alleged that the parties were married in 1903 and defendant 1 was sent to the plaintiff's house in October 1926, and began to live with him as his wife and gave birth to a daughter; but that about two years ago the other defendants took her away from the plaintiff's house to their own house for a week under the pretext of attending a ceremony; that, when after the expiry of the week, the plaintiff, went to bring his wife, the defendants made excuses and ultimately refused to send her, although they sent the plaintiff's daughter to the plaintiff's house. He accordingly prayed that the defendant should be ordered to come to the plaintiff's house and that a perpetual injunction should be granted against the other defendants from interfering with defendant is returning to the plaintiff's house.2. Defendant 1 in her written statement asserted that the plaintiff became immora...
Emperor Vs. Abdul Qayum
Court: Allahabad
Decided on: Apr-21-1933
Reported in: AIR1933All485
Bennet, J.1. This is an application by the Local Government for the enhancement of sentences of three years passed under Sections 392 and 397, Penal Code, concurrently by the learned Sessions Judge and Subordinate Judge of Etawah on one Abdul Qayum. It is clear in the first place that the sentence is illegal as it is contrary to the provisions of Section 397, Penal Code. That section lays down that:If, at the time of committing robbery or dacoity the offender... attempts to cause death to any person, the imprisonment with which such offender shall be punished shall not be less than seven years.2. In the present case it was found by the learned Sessions Judge that the accused had caught a small girl in the streets of Etawah at night and forcibly carried her to a well and took off her nose-ring of gold and her silver hanjhan and her dhoti with a border coloured pink and he threw the small girl into a well and ran away. The girl is aged 9 or 10 years and she remained in this well all nigh...
Mt. Panna Vs. Ram Saran and anr.
Court: Allahabad
Decided on: Apr-21-1933
Reported in: AIR1933All492; 145Ind.Cas.530
Young, J.1. This is a second appeal from the decision of the learned Subordinate Judge of Ghazipur. The action was for a mandatory injunction directing the defendant to remove a wall that he had built, on the ground that it interfered with existing easements belonging to the plaintiff. There were two houses, the plaintiff's, to the north, and the defendants', to the south. Originally the plaintiff had a kutcha house with a gabled roof, and she discharged water from her roof therefore both to the north and to the south. For this easement, that is, an easement to discharge half her water to the south she had acquired a prescriptive right. Some 15 years ago however the plaintiff changed her kutcha house into a pucca house and instead of the gabled roof she erected a flat roof of her house. In the new roof there was now only one hole which discharged all the water from the roof towards the south. The plaintiff also claimed an easement for the light of her room on the second-storey of her h...
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