Allahabad Court February 1934 Judgments
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Shankar Lal and anr. Vs. Toshan Pal Singh
Court: Allahabad
Decided on: Feb-06-1934
Reported in: AIR1934All553; 150Ind.Cas.151
Niamatullah, J.1. This is an appeal by the defendants and arises out of a suit for rendition of accounts on the allegation that the defendants were the agents of a joint Hindu family of which Dhyan Pal Singh father of the plaintiff was the karta op to 1923 and thereafter plaintiff 1 became the karta. The suit has been decreed by the Court below which passed a preliminary decree directing the appointment of a commissioner and an account being taken of what is due from the defendants to the plaintiff. The plaintiff's case was that defendant 1, Pt. Shankar Lal, was employed by Thakur Dhyan Pal Singh, the plaintiff's father, to manage certain zamindari properties belonging to the joint family consisting of Dhyan Pal Singh and his sons, that defendant 2, brother of defendant 1 was associated with the latter in the management of the aforesaid property, that Dhyan Pal Singh died in 1923, after which the plaintiff, who is the eldest son of Dhyan Pal Singh, became the karta, that the defendants...
Tika Ram and anr. Vs. Sri Thakur Dooji Maharaj
Court: Allahabad
Decided on: Feb-02-1934
Reported in: AIR1934All787; 152Ind.Cas.189
Mukerji, J.1. This is a Letters Patent appeal by the defendants who have lost throughout this litigation. The facts, briefly are these : The land in dispute is now numbered as plot No. 528 and formerly it was numbered as 524. It has a small area. The defendants gave a Qabuliat to the plaintiff in the year 1903 and the lease was to be a permanent one. Later on, on 13th May 1915 the defendants relinquished the perpetual lease and took the land in suit with some other lands for a period of three years for purposes of cultivation. The earlier lease was a building lease. The plaintiff sued the defendants for ejectment in the Revenue Court in 1921, but by a judgment dated 15th March 1922 the Assistant Collector dismissed the suit in respect of the plot now in suit but decreed it in respect of the other plots. We have been taken through the judgment of the learned Assistant Collector. It appears that the ground taken by him in dismissing the suit in respect of the plot in dispute was that the...
Hanso Patak Vs. Harmandil Patak and anr.
Court: Allahabad
Decided on: Feb-02-1934
Reported in: AIR1934All851
Sulaiman, C.J.1. The claim put forward by the plaintiff is that his is entitled to a share in the house built by his father out of his income as a Pandit, inasmuch as the same work had been carried on by his grand-father and therefore the right to receive such income is a part of the family property. No doubt it has been found that the plaintiff's grand-father was a Brahmin who officiated as a Pandit in the houses of his clients and received some, income and that after his death the plaintiff's father carried on the same work. But the learned Judge has pointed out that his profession consisted of going from house to house for picking up such work as he might come across and for rendering religious ministration to those who wanted it. The mere fact that most of the patrons of the father might have been member of the families which had previously patronised, the grand-father, does, not create any vested interest in the plaintiff's family to force their services upon such patrons. If the ...
B. Bhairon Prasad Vs. Ablak Singh and anr.
Court: Allahabad
Decided on: Feb-01-1934
Reported in: AIR1934All529
Mukerji, J.1. This is a plaintiff's appeal and arises out of a suit for redemption. The plaintiff alleged that his paternal grandmother, Mt. Jhamtnan Kunwar, made a mortgage in favour of the ancestors of the defendants, namely, Mindai Singh and Mangal Singh, some time between 1863 and 1869; that the mortgage was for Rs. 40, that the mortgagee is still in possession, that the plaintiff is entitled to redeem the same on payment of the amount of the mortgage money. The defendants denied that there was any such mortgage as was alleged by the plaintiff in existence. They however admitted that there was a mortgage in their favour but they said that it had been more than 60 years prior to the institution of the suit and that any suit for the redemption of that mortgage would be time barred.2. The parties led evidence. The first Court was satisfied that the plaintiff had proved the mortgage he set up and decreed redemption. The defendants appealed and that appeal was accepted by the learned su...
Gajadhar Prasad Ramnath and anr. Vs. Lado Ram Gajanand
Court: Allahabad
Decided on: Feb-01-1934
Reported in: AIR1934All587; 150Ind.Cas.438
1. This is a defendants' appeal arising out of a suit for recovery of damages for breach of a contract. On 6th February 1933, the defendants entered into a contract with the plaintiff firm, who are carrying on the business of commission agents, to purchase five bars of silver from the plaintiff to be delivered at Calcutta on 31st March 1930 at the rate of Rs. 47-5.0 per bar. In the written contract there was no mention of any liability to pay customs duty. Between the date of the contract and the date of delivery the customs duty on imported silver was raised by Government by the amount of Rs. 9-6-0 per 100 tolas. When the due date was arriving, the plaintiff demanded from the defendants the payment of the price but the defendants paid no heed to it. As the amount was not paid, the plaintiff firm instructed their agents in Calcutta to resell the goods which were sold at Rs. 45 plus Rs. 9-6-0, that is, at Rs. 54-6. The plaintiff demanded from the defendants the difference between this a...
Dhum Bahadur Vs. Hori Lal
Court: Allahabad
Decided on: Feb-01-1934
Reported in: AIR1934All714
ORDERBijpai, J.1. This is a reference by the District Magistrate of Bareilly in which he suggests that the High Court should order a retrial of the accused. The reference has been sent by the District Magistrate through the learned Sessions Judge who agrees with the recommendation of the District Magistrate. The facts are that the accused who was the Karinda of Rai Bahadur Lala Sheo Prasad was prosecuted under Section 408, I.P.C. The charge against him was that he was entrusted with certain sums of money which he embezzled. The learned Magistrate who tried the accused acquitted him, but in the course of his judgment used observations which would go to show that he was not satisfied with the accused's innocence and that the circumstantial evidence against the accused was very strong but there was not sufficient judicial certainty of the accused's guilt to convict him. The learned District Magistrate has taken exception to several passages in the judgment of the trial Court and has empha...
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