Allahabad Court July 1933 Judgments
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Ram NaraIn Chaube and ors. Vs. Basdeo Misra and ors.
Court: Allahabad
Decided on: Jul-18-1933
Reported in: AIR1934All70
Bennet, J.1. This is a second appeal by the defendants in a suit for recovery of possession by redemption. The defendants contested the validity of a deed of sale dated 29th December 1920 by one Tirbhawan in favour of the plaintiff. This deed was not registered until 13th May 1921. In the interval, on 6th January 1921, Tirbhawan executed and registered another sale-deed in favour of the defendants. The claim of the defendants is as expressed in the 4th ground of appeal, that the sale to the plaintiff was only complete on the date that the sale-deed was registered, that is 13th May 1921, and that prior to that date the sale to the defendants had been duly registered. This argument ignores the provisions of Section 47 Registration Act, which states:A registered document shall operate from the time it would have commenced to operate if no registration thereof had been required or made, and not from the time of its registration.2. Once the sale-deed in favour of the plaintiff was registere...
Mt. Salamat Begam Vs. Sheikh Ikram and ors.
Court: Allahabad
Decided on: Jul-18-1933
Reported in: AIR1933All663; 145Ind.Cas.728
Bennet, J.1. This is a second appeal by one Mt. Salamat Begam, defendant 1, against a declaration granted by the lower Courts to the plaintiff. The following pedigree will be relevant: SALAR BAKHSH ___________________|___________________________ | | Mohammad Bakhsh Ilahi Bakhs (died 1902) | = Mt. Mammo Begam Mohammad Husain __________________| | | Riasat Husain _____________|_________________ | | Nadir Husain (defen- Ikram Husain (plain- dant 3) Salamat Be- tiff)=Azizunnissa gam (defendant 1). (defendant 2).2. The plaintiff has asked for a declaration that he is the owner of a two biswas odd property in which the names of the contesting defendant, Mt. Salamat Begam and Azizunnissa, the wife of the plaintiff, are fictitiously recorded, and the plaintiff also asked that if he were found out of possession, possession should be awarded to him. The Court of first instance granted the declaration and held that the relief for possession was unnecessary. An appeal was filed and it was dismisse...
Atar Singh Vs. Mt. Man Kunwar and ors.
Court: Allahabad
Decided on: Jul-18-1933
Reported in: AIR1933All833
Bennet, J.1. This is a second appeal in a suit which has been tried in a very curious manner. The circumstances are that the father of the plaintiff is recorded in the khewat for Zamindari property, and he made a document conferring certain occupancy rights on his sister. In accordance with that the sister, defendant 1, made an application to the Revenue Court under Section 18, U.P. Act 3 of 1926 ( the Agra Tenancy Act) for entry of her name as occupancy tenant. That application was opposed by the present plaintiff. The objection was apparently taken that the present plaintiff was not recorded in. the khewat and that his father alone was recorded. The revenue Court, therefore, acted under Section 18(3) and required the present plaintiff to institute, within three months, a suit in the civil Court for the determination of his proprietary rights. Para. 1 of the plaint sets forth the claim of the plaintiff that he, on his birth, acquired proprietary rights jointly with his father Natthu S...
Attar Singh Vs. Musammat Man Kunwar and ors.
Court: Allahabad
Decided on: Jul-18-1933
Reported in: 146Ind.Cas.983
1. This is a second appeal in a suit which has been tried in a very curious manner. The circumstances are that the father of the plaintiff is recorded in the khewat for zemindari property, and he made a document conferring certain occupancy rights on his sister. In accordance with that, the sister, defendant No. 1, made an application to the Revenue Court under Section 18, U.P. Act III of 1926 (the Agra Tenancy Act) for entry of her name as occupancy tenant. That application was opposed by the present plaintiff. The objection was apparently taken that the present plaintiff was not recorded in the khewat and that his father alone was recorded. The Revenue Court, therefore, acted under Section 18(3) and required the present plaintiff to institute within three months, a suit in the Civil Court for the determination of his proprietary rights. Paragraph 1 of the plaint sets forth the claim of the plaintiff that he, on his birth, acquired proprietary rights jointly with his father Natthu Sin...
Dhondha Kandoo Vs. Sitaram and ors.
Court: Allahabad
Decided on: Jul-18-1933
Reported in: 145Ind.Cas.664
1. This is an application for the revision of an order of the District Magistrate of Azamgarh, directing a Second Class Magistrate to write and pronounce judgment in a case which had been tried by him. The circumstances are that a case under Section 325, Indian Penal Code, had been instituted in the court of the Magistrate, who passed an order on December 21, 1932, on the order sheet to the effect that final orders, would be passed on December 23. On that date the Magistrate merely wrote an informal order on the order sheet acquitting the accused without delivering a judgment at all. An application for revision was filed in the court of the District Magistrate, Who recorded an order that he would look into the matter on inspecting the tahsil, and his order of January 13 which is the subject of the present application was apparently written during the inspection of the tahsil, but must be regarded as an order passed on the present application to him for revision.2. It is argued in suppo...
Ramchand Vs. Sher Singh
Court: Allahabad
Decided on: Jul-17-1933
Reported in: AIR1933All666; 147Ind.Cas.949
Niamatullah, J.1. This is a plaintiff's appeal and has arisen out of a suit for recovery of Rs. 1,510 together with interest. Both the Courts below dismissed it. The plaintiff-appellant and the defendant-respondent obtained two separate simple money decrees against one Kunwar Balbir Singh. The respondent applied for execution of his decree by attachment of the villages, Jarkhi and Nagla Raiya, belonging to the judgment-debtor. An attachment was made on 6th May 1927. The appellant also applied for execution of his decree, and obtained attachment of one of the two aforesaid villages, namely, village Jar-khi. The appellant made an application on 3rd April 1928, to the Subordinate Judge of Agra, before whom the respondent had taken execution proceedings, that the sale proceeds be rateably applied in satisfaction of the two decrees. The Court granted the application. In the meantime the respondent's decree was transferred to the Collector for execution, as the villages sought to be sold wer...
In Re: Burmah Shell Oil Storage and Distributing Co. Ltd. of India
Court: Allahabad
Decided on: Jul-17-1933
Reported in: AIR1933All735; 145Ind.Cas.674
Sulaiman, C.J.1. This is a reference by the Board of Revenue under Section 57, Stamp Act, (Act 2 of 1899) for the expression of an opinion as to whether the document in question is chargeable as a lease under Article 35(a)(4), Schedule 1, Stamp Act, or an indemnity bond or an agreement chargeable with less duty.2. It appears that an agreement was executed on a blank paper on behalf of the Secretary of State which was also signed by the representative of the Burmah Shell Oil Storage and Distributing Company of India, Limited and was dated 7th September 1931. Under this document the Oil Company, which is called the licensee throughout, was to have the temporary use or occupation of a piece of land at Roorkee, solely and entirely for the purpose of constructing and maintaining thereon a petroleum installation for the storage of petroleum, etc; the Company was forthwith to erect on part of the said land a petroleum installation at its own cost capable of holding, in the case of existing in...
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