Allahabad Court July 1933 Judgments
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Ram Singh Vs. Deo NaraIn and ors.
Court: Allahabad
Decided on: Jul-21-1933
Reported in: AIR1933All758; 145Ind.Cas.547
Mukerji, J.1. This is a pre-emption appeal and the pre-emptor, who is the appellant before us, is a minor; The pedigree given in the written statement of the vendee, defendant 1, is accepted by the learned Counsel for the appellant. It shows that the elder brother of the appellant, Ram Singh, and the own paternal uncles of Ram Singh, namely, Jang Bahadur Singh, Jagdeo Singh and Udant Singh together with Bisheshar Singh, a distantly related collateral, sold the property in suit to the respondent, Deo Narain. Ram Singh claims pre-emption and his suit failed, because it was held that as a member of the joint Hindu family he had no right to maintain the suit.2. In this Court it has been contended that Ram Singh, being a minor, is entitled to pre-empt and in the alternative he is at least entitled to pre-empt the share of Bisheshar Singh. 3. On the question whether Ram Singh as a minor member of the family is entitled to pre-empt it has been urged that no consent could be given on behalf of...
Gopi Nath Vs. Gobind Missir and ors.
Court: Allahabad
Decided on: Jul-20-1933
Reported in: AIR1934All360
Iqbal Ahmad, J.1. This appeal has been filed as an execution second appeal. It arises in the following circumstances : Sudarshan Prasad, the grandfather of Gopi Nath, appellant before me, held two simple money decrees against one Harakh Ram Jaini. Harakh Ram Jaini owned certain mortgagee rights in certain occupancy holdings on the basis of two mortgage deeds executed by a man named Sarju Singh in the years 1890 and 1912. The latter mortgage deed was a deed by way of further charge and could be redeemed along with the mortgage of 1890. On the 14th of June 1923, Sarju Singh executed a mortgage deed with respect to be holding in favour of Gopi Nath for a sum of Rs. 2,100 and out of the mortgage money left a sum of Rs. 1,600 for the redemption of the two mortgages of 1890 and 1912. Two days after the execution of this mortgage, viz., on the 16th of June 1923, Harakh Ram Jaini transferred his mortgagee rights to one Gobind Missir along with certain-other propertiRs. Two days after this tran...
B. Bansgopal Vs. Emperor
Court: Allahabad
Decided on: Jul-20-1933
Reported in: AIR1933All669; 145Ind.Cas.680
Sulaiman, C.J.1. This revision has been referred to a Full Bench by a 'Division Bench because it was considered that it involved 'an important question of law requiring an authoritative pronouncement. It appears that after the promulgation of Ordinance No. 2 of 1932, called the Emergency Powers Ordinance, by the Governor-General, the same was extended to the United Provinces, and the Local Government extended its provisions to the districts of these provinces, including Fatehpur, on 9th January 1932, and the power under Section 4 of the Ordinance, was delegated by the Local Government to the District Magistrate of Fatehpur sometime before 12th January 1932.2. On 12th January 1932 the District Magistrate of Fatehpur issued a notice, called an order, to the applicant, Babu Bansgopal, under Section 4, United Provinces Emergency Powers Ordinance No. 2 of 1932, prohibiting- him from making any speech or instigating in any way non-payment of rents or attending any meeting and procession, and...
Mohammad Hanif and ors. Vs. Ali Raza
Court: Allahabad
Decided on: Jul-20-1933
Reported in: AIR1933All783
ORDER1. This case has been referred to a Full Bench because it raises a substantial question of law requiring an authoritative pronouncement. In 1928, a decree for a fairly large sum of money was passed in favour of the respondent, Ali Raza, against Mohammad Hanif and others, judgment-debtors, by the Subordinate Judge of Cawnpore. This decree was later on transferred to the Allahabad Court for execution. An application for execution, was made at Allahabad in January 1929 to which the judgment-debtore in September 1929 objected, pleading that the decree had been adjusted out of Court under a private arrangement More than one date had to be fixed for the bearing of the application. On the last date, namely, 31st May 1930, the decree-holder was absent and his pleader made a statement that he had no instructions to go on with the case The Court heard the objection and allowed it ex parte. It 'appears that the execution case was then struck off and a certificate was sent to the Cawnpore Cou...
Sheikh Muhammad Hanif and ors. Vs. Sheikh Ali Raza
Court: Allahabad
Decided on: Jul-20-1933
Reported in: 145Ind.Cas.995
1. This case has been referred to a Full Bench because it raises a sub-stantial question of law requiring an authoritative pronouncement.2. In 1928, a decree for a fairly large sum of money was passed in favour of the respondent, Ali Raza, against Muhammad Hanif and others, judgment-debtors, by the Subordinate Judge of Cawnpore. This decree was later on transferred to the Allahabad Court for execution. An application for execution was made at Allahabad in January, 1929 to which the judgment-debtors in September, 1929, objected, pleading that the decree had been adjusted out of court under a private arrangement More than one date had to be fixed for the hearing of the application. On the last date, namely, May 31, 1930, the decree-holder was absent and his. Pleader made a statement that he has no instructions to go on with the case. The court heard the objection and allowed it ex parte. It appears that the execution case was then struck off and a certificate was sent to the Cawnpore Cou...
Shiam Lal and ors. Vs. Collector of Agra
Court: Allahabad
Decided on: Jul-19-1933
Reported in: AIR1934All239
ORDER1. This is an appeal by a zamindar and two tenants of a plot of land which has been acquired by Government under the Land Acquisition Act. The questions which arise in appeal are as to the market value of the property compensation for damage sustained and the method of distribution. The land as recorded in the revenue papers is an agricultural land, and the two tenants are its occupancy tenants. The first appellant, Shiam Lal, is the zamindar. The appellant however claimed that the land was a building site and had been let out for the purpose of keeping manure and fuel wood. The tenants filed an application before the Collector merely pointing out certain circumstances which should be taken into account in awarding compensation. They did not put forward any definite claim and did not mention any amount which should be fixed as compensation. The learned District Judge has accordingly held that they cannot be given any amount larger than what was awarded by the Collector. We are of ...
Bankey Lal Vs. Mt. Ram Piari and ors.
Court: Allahabad
Decided on: Jul-19-1933
Reported in: AIR1933All659; 147Ind.Cas.224
Bennet, J.1. This is a second appeal by a minor plaintiff who brought a suit under the guardianship of his father for a declaration that a certain usufructuary mortgage of a house dated 12th October 1923, executed by his father in favour of Rup Lal was invalid, and asking for the alternative relief of redemption on payment of that portion of the mortgaged consideration which was found to be valid. The Court of first instance held that the mortgage-deed was valid to the extent of Rs. 713 only, but the lower appellate Court has held that the mortgage-deed was valid to the extent of the wole consideration, which amounts to Rs. 2,400. The question has been argued before us that the mortgage-deed is altogether invalid. The executant, Ghure Lal, came of age on 1st February 1917, having been a minor with a guardian appointed by the District Judge. The mortgage in question was executed on 12th October 1923. The six items of consideration in the mortgage are as follows:(1) Rs. 100 cash paid pre...
Shiam Lal J. Dewan Vs. Official Liquidators of the U.P. Oil Mills Co., ...
Court: Allahabad
Decided on: Jul-19-1933
Reported in: AIR1933All789; 145Ind.Cas.893
Sulaiman, C.J.1. An important question of limitation arose in this case and that question has been referred to a Full Bench by the Division Bench before which the case came on for hearing at first. The U.P. Oil Mills Company Ltd., was a registered company which came into existence on 25th June 1920 and commenced business in December of that year. Paras Ram and Company were appointed managing agents of this company and, as the Articles of Association show, it seems that there was an agreement between the managing agents and the company that the agents would conduct the business under the supervision of the directors of the company. After carrying on business for a few years the company went into liquidation on 12th May 1927 and Chaudhry Liaqat Husain Khan, the chairman of the Board of Directors was at first appointed as the liquidator. Later on, on application made to the High Court there was an order passed on 5th July 1929 for a compulsory winding up and an official liquidator Mr. Haz...
Rikhdeo Rai and ors. Vs. Ganga Prasad Pande and ors.
Court: Allahabad
Decided on: Jul-19-1933
Reported in: AIR1933All825
Niamatullah, J.1. This appeal is concluded by a finding of fact. The plaintiffs-respondents sued the defendants-appellants for a declaration that the plots specified at the foot of the plaint were in possession of the plaintiffs in the year 1334-F, and that the defendants were not tenants in respect of those plots. The plaintiffs are admittedly the owners to the land in dispute. They alleged that they had themselves cultivated the land in 1334-F. but the patwari fraudulently entered the names of the defendants as tenants of the aforesaid plots. Proceedings under Section 145, Criminal P.C., were taken by the plaintiffs. The criminal Court attached the land pending the dispute between the parties being settled by a competent Court. The plaintiffs then instituted the suit which has given rise to this appeal.2. The main question in the case was whether the defendants were tenants occupying the land in dispute on behalf of the plaintiffs, or whether it was the khudkasht of the plaintiffs in...
Shiam Lal and ors. Vs. the Collector of Agra
Court: Allahabad
Decided on: Jul-19-1933
Reported in: 148Ind.Cas.100
Sulaiman, C.J.1. This is an appeal by a zamindar and two tenants of a plot of land which has been acquired by Government under the Land Acquisition Act. The questions which arise in appeal are as to the market value of the property, compensation for damage sustained and the method of distribution.2. The land as recorded in the Revenue papers is an agricultural land, and the two tenants are its occupancy tenants. The first appellant, Shiam Lal, is the zamindar. The appellant, however claimed that the land was a building site and had been let out for the purpose of keeping manure and fuel wood.3. The tenants filed an application before the Collector merely pointing out certain circumstanceswhich should be taken into account in awarding compensation. They did not put forward any definite claim and did not mention any amount which should be fixed as compensation. The learned District Judge has accordingly held that they cannot be given any amount larger than what was awarded by the Collect...
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