Allahabad Court April 1934 Judgments
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Ramratanlal and ors. Vs. Gangotri Prasad and ors.
Court: Allahabad
Decided on: Apr-12-1934
Reported in: AIR1935All73; 152Ind.Cas.19
Bajpai, J.1. This is a second appeal by the defendants against whom the plaintiffs suit for recovery of possession of the plaint property has been decreed by the Courts below. The facts are that one Mt. Anjora Kuar was the widow of Ram Rachha Lal and was, as a Hindu widow, possessed of a certain zamindari property and a house. On 18th February 1878, she executed a document which purported to be a perpetual lease in favour of her brother's son by which she leased out the zamindari property to him. Mt. Anjora Kuar died in October 1925. The plaintiffs who are the reversioners of Ram Richha Lal brought the present suit in 1929 for recovery of possession over the leased property and the house owned by Mt. Anjora Kuar. It is conceded by the appellants that so far as the house is concerned, the appellants cannot, in view of the findings of the Courts below, lay any claim and the suit has been rightly decreed regarding the same. It has however been strongly contended that the plaintiffs are no...
Hardwar Bhagat Vs. Sita Ram Rai and ors.
Court: Allahabad
Decided on: Apr-11-1934
Reported in: AIR1934All888; 150Ind.Cas.879
Bajpai, J.1. This is an appeal by the defendant-mortgagee against whom a suit for redemption has been decreed on payment of the principal amount secured by the mortgage. The defence with which I am concerned in this appeal is two-fold : first, that the equity of redemption has been lost and, second, that if the equity of redemption has not been lost, then the mortgagor is liable to pay certain other sums under the contract embodied in the mortgage deed. The contract is to the following effect:I shall pay the rent to the zamindars; the mortgagee has nothing to do with the rent; if the rent is paid by the mortgagee, then I or the field have nothing to do with it, rather the mortgagee may get the fields entered in his name as tenant-in-chief.2. I read this covenant as a double contract. The first contract is to the effect that the rent of the fields mortgaged would be paid by the mortgagor to the zamindars. The second contract is to the effect that if the rent is not paid by the mortgagor...
Dal Chand Vs. Lala Mool Chand and ors.
Court: Allahabad
Decided on: Apr-11-1934
Reported in: AIR1934All896; 150Ind.Cas.770
1. This appeal arises out of certain execution proceedings. There were three decrees against the same judgment-debtors, Jagannath Prasad and others. One had been obtained by Durga Prasad from the Court of the Subordinate Judge and the other two by Mewa Ram and Dal Chand separately from the Court of the Munsif. Durga Prasad executed his decree and attached certain properties and the execution of his decree was transferred to the Collector by the Subordinate Judge. Mewa Ram acted independently. He executed his decree, got the same property attached and got execution of his own decree transferred to the Collector. Both the decrees were therefore in execution before the Collector. Dal Chand did not attach any property separately nor did he apply to the Court of the Subordinate Judge fora rateable distribution. He applied only to the Court of the Munsif in Mewa Ram's case for a rateable distribution. An intimation of his application was sent to the sale officer. Thus the sale officer had th...
Nathwa and anr. Vs. Raghubans NaraIn Singh and anr.
Court: Allahabad
Decided on: Apr-10-1934
Reported in: AIR1934All890; 150Ind.Cas.758
1. This appeal arises out of a suit for recovery of possession of a certain plot; in the village site and for demolition of curtain constructions by the defendants the main question that arose in this suit was whether the existence of a custom has been proved in the village of Asaura by which the occupiers of houses in the village could transfer their house together with the sites upon which the houses stand. The trial Court and the lower appellate Court held concurrently that the alleged custom had not been proved. The case came in second appeal before the learned Single Judge of this Court and he considered the evidence relating to the alleged custom and concurred in finding that the existence of the alleged custom had not been proved.2. It has been argued before us that a sufficient number of instances have been proved to justify a finding that the alleged custom was proved and that it is open to this Court in second appeal to weigh the whole of the evidence and come to a finding wh...
Sadho and ors. Vs. Emperor
Court: Allahabad
Decided on: Apr-10-1934
Reported in: AIR1934All881; 152Ind.Cas.108
Bajpai, J.1. This appeal arises out of sessions trial No. 18 of 1933, in which there were twelve persons accused of riot and another man by the name of Sarju Ahir who died in the course of the riot. This appeal is connected with Criminal Appeal Not 971 of 1933, which arises out of sessions trial No. 17 of 1933, in which there were 11 persons accused of riot and one other man by the name of Bhaglur who died in the course of the riot. The trials were conducted in the Court below by the consent of the parties as practically a joint trial and a consolidated judgment was delivered by the learned Sessions Judge. It has been argued by appellants in both the cases that the procedure adopted by the learned Sessions Judge of looking at the evidence in both cases together has prejudiced the accused, but I find that this procedure was adopted at the instance of the accused themselves and the learned Judge has not dealt with the cases in a manner which would suggest that the accused were prejudiced...
Emperor Vs. Atma Ram
Court: Allahabad
Decided on: Apr-09-1934
Reported in: AIR1934All846
Niamatullah, J.1. This is an application for revision against an order of acquittal passed by a Magistrate, First Class, District Muzaffarnagar, The applicant Kishore Lal was the complainant in a cast of cheating brought by him against At ma Ram and Krishna Lal. The complainant is a partner in a firm known as Uggar Sen Parshotam Das, carrying on business of commission agents at Muzaffarnagar. His story was that, on 14th September 1933, the accused met him at Dehra Dun and desired to purchase through, his firm 10 'bijaks.' The complainant insisted on payment of 50% of the price, but the accused assured him that, payment would be made as soon as the 'bijaks' were purchased. The transcation was to be completed at Muzaffarnagar. The complainant phoned to his firm informing them of the bargain and assuring them that payment would be made by the accused as soon as the 'bijaks' were purchased. The accused made payment by a cheque on the Allahabad Bank, Dehra Dun branch. The bijaks were purcha...
SharfuddIn Vs. M. Khadim Ali Khan and ors.
Court: Allahabad
Decided on: Apr-06-1934
Reported in: AIR1934All807; 150Ind.Cas.1090
ORDERBennet, J.1. This is a reference by the taxink officer on the question of valuation of First Appeal No. 312 of 1933. The question which has been referred is:Is it open to an appellant-defendant in a suit for accounts, against whom a final decree for a definite amount has been passed, to value his appeal, under Section 7, Clause (iv)(f), Court-fees Act, arbitrarily for an amount less than the amount decreed against him2. The appeal is brought by a defendant. There was a suit for accounts and dissolution of partnership in which the lower Court has decreed the claim for the plaintiff amounting to Rupees 10,000, with costs and pending and future interest at eight annas per cent per mensem. The plaintiff was to file the necessary court-fee. The defendant has appealed asking for the relief:That this Hon'ble Court will be pleased to set aside the decree of the Court below and to pass a decree in favour of the appellant for such sum or sums as may be found due to him on legal and proper a...
Mt. Katori Vs. Om Prakash and anr.
Court: Allahabad
Decided on: Apr-06-1934
Reported in: AIR1935All351; 150Ind.Cas.868
Niamatullah, J.1. This is a second appeal by the defendant from the decree passed by the learned Additional District Judge, Etah, upholding in appeal the decree passed by a Munsif of that District in a suit for possession brought by the plaintiff, Dhani Ram, who has since died and is now represented by his son Om Prakash. The suit was decreed by the trial Court. The defendant's appeal to the lower Court was unsuccessful.2. The facts, so far as they are necessary for the purposes of this appeal, are no longer in dispute. The shop in dispute, together with a house, belonged to one Ganga Ram, son of Ishwar Das, of Kasganj, where the property in dispute is situate. There were many persons in Kasganj of the name Ganga Ram, and this fact has proved to be a fruitful source of litigation. The plaintiff Dhani Ram claimed title under a mortgage deed executed by Ram Chandar, son of Ganga Ram, alleged, to be son of Ishar Das, on 16th March 1921. The mortgage was in respect of the shop in dispute. ...
In Re: Durga Das Koosary
Court: Allahabad
Decided on: Apr-05-1934
Reported in: AIR1934All804; 150Ind.Cas.1018
King, J.1. This is an application for the grant of probate of the unadmitnistered portion of the estate of Sukhi Sundari Dasi of Benares who died about 1900. Pie left a registered will under which she had appointed Biswainath Koosary, who was the father of the present applicant, as the executor and had also authorised him to nominate an executor if he liked. Probate was granted to Bishwanath Koosary but he was not able to realise the entire estate. He died some 17 years ago, but before his death he executed a registered will appointing his son, the present applicant, as the executor to administer the estate. The present application is made for a fresh probate being granted to the applicant.2. Under Section 222, Succession Act (Act 39 of 1925), probate can be granted only to an executor appointed by the will but such appointment may be expressed or by necessary implication. Section 224 also shows that when there are several executors so appointed, probate may be granted to them all simu...
Nathu Lal Vs. Kewal Ram
Court: Allahabad
Decided on: Apr-03-1934
Reported in: AIR1934All893; 150Ind.Cas.767
Sulaiman, C.J.1. This is an appeal under the Letters Patent from a judgment of a learned Judge of this Court affirming the decrees of the Courts below passed in a suit for arrears of rent brought by an assignee of rent due to occupancy tenants from a sub-tenant. It appears that Bir Lal and Pati were occupancy tenants who had sub-let the lands to their subtenant Nathu Lal and rents were due from Nathu Lal for the years 1333 to 1335 Pasli. After the rents had fallen due, the occupancy tenants sold the arrears of rent to the present plaintiff Kewal Ram who brought the suit in the Revenue Court. The defence was that the rents had al. ready been paid to the occupancy tenants and that the sale-deed in favour of Kewal Ram was without consideration. No objection was taken that the Revenue Court had no jurisdiction to entertain the suit. The two pleas were overruled and the claim was decreed by the first Court. On appeal before the District Judge, again, no point was taken that the suit was not...
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