Allahabad Court September 1934 Judgments
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Ram Jash GoshaIn Vs. Markande Pathak and ors.
Court: Allahabad
Decided on: Sep-24-1934
Reported in: AIR1934All1068; 153Ind.Cas.611
ORDERNiamatullah, J.1. This is an application in revision by the plaintiff whose suit for Rs. 229-11-0 on foot of a promissory note alleged to have been executed by the defendants was dismissed by the lower Court. The plaintiff's case as set out in his plaint is that ha advanced Rs. 200 in cash to the defendants on 13th January 1931, in lieu of which the defendants executed the promissory note in suit agreeing to pay the aforesaid sum with interest at the rate of 6 per cent per annum. The defence was a denial of the receipt of consideration. It was alleged that the plaintiff had filed a complaint in a criminal Court against the defendants and taking advantage of his position as a prosecutor ho obtained the promissory note in suit by the exercise of undue influence. It was emphasized at more than one place in the written statement that the promissory note was without consideration and as such not enforceable. The plaintiff gave his own evidence in support of his claim and stated that he...
Moti Ram and ors. Vs. Onkar Prasad and ors.
Court: Allahabad
Decided on: Sep-24-1934
Reported in: AIR1935All27
Niamatullah, J.1. This is a judgment-debtors' appeal which arises in the following circumstances:Jwala Prasad and Narain Das obtained a mortgage decree against Moti Ram and others. Jwala Prasad assigned his rights to Ulfat Rai who subsequently died and is now represented by his son Onkar Prasad. The decree was passed in 1912 so that any fresh application for execution is barred. Onkar Prasad had made an application within time for execution of the decree for the common benefit of himself and Narain Das. The decree was transferred to the Collector as the property to be sold was ancestral property. Narain Das died in the meantime and his son Panna Lal made an application to the Collector praying for substitution of his name in place of his father Narain Das. It transpired before the Collector that Narain Das had died long before Panna Lal made his appearance. The Collector sent back the record of the case to the civil Court for substitution proceedings being taken. On the case being laid...
Bhagwan Prasad and anr. Vs. Pelu Kewat and ors.
Court: Allahabad
Decided on: Sep-24-1934
Reported in: AIR1935All33
ORDERNiamatullah, J.1. This is an application in revision by the defendants and arises out of a Small Cause Court suit for recovery of Rs. 35 the value of a nim tree alleged to have been cut and appropriated by defendants 1 and 2. The lower Court decreed the suit to the extent of Rs. 20. One of the grounds taken in the lower Court and urged in this Court relates to the jurisdiction of the Small Cause Court to entertain the suit. It is contended that the allegations in the plaint charge defendants 1 and 2 with the offence of criminal misappropriation, and therefore the suit falls within the purview of Article 35(11), Schedule 2, Provincial Small Cause Courts Act. The defendants' contention is so far right that if the plaintiff's allegation contained in his plaint amounts to an averment that the defendants were guilty of criminal misappropriation the suit was one which should have been instituted in a regular civil Court. I have been taken through the plaint by the learned advocate for t...
Ajodhia Kalwar and anr. Vs. Balkaran and ors.
Court: Allahabad
Decided on: Sep-24-1934
Reported in: AIR1935All93; 152Ind.Cas.925
1. This is a decree-holder's appeal arising out of execution proceeding's. The decree-holder had obtained a simple money decree against the judgment-debtors, and in execution of it they attached three plots of land belonging to the judgment-debtors. The latter objected that they were mere non-occupancy tenants of these plots and their rights were not saleable. The decree-holders' contention was that the judgment-debtors had acquired the rights of perpetual lessees under a registered document executed by a zamindar on 23rd September 1927. The first Court held that the rights of the judgment-debtors were not transferable in spite of a provision to that effect in the lease. The lower appellate Court came to a contrary conclusion. A learned Judge of this Court in second appeal has agreed with the view of the first Court and has dismissed the decree-holder's application.2. The sole question before us for consideration is whether, under the terms of this particular document, the judgment-deb...
Saira Khatun Vs. QutubuddIn and ors.
Court: Allahabad
Decided on: Sep-24-1934
Reported in: AIR1935All143; 157Ind.Cas.615
Niamatullah, J.1. This is an appeal by defendant 1, and arises from a suit brought by the plaintiff-respondent for recovery of a share in four properties mentioned at the foot of the plaint. The trial Court dismissed the plaintiffs suit, but the lower appellate Court has decreed it. The position of the parties will appear from the following pedigree. Asgar Ali | ---------------------------------------------- | | |Mt. Martini Ausaf Ali Mt. Kaniz{daughter) Roshan Ali Fatma (daugh-Mt. Fatma Mt. Saira ter)ImtiazBegam (daughter) Defdt. 1. Ali | ---------------------------------------------- | | | |Nizam Mt. Muhammodi Hafizul KutubudUddin Begum Rab dinDefdt 2. Defdt. 3. Dofdt. 4. Plaintiff.2. The plaintiff's case as set out in the plaint is that the properties detailed at the foot of the plaint belonged to Roshan Ali though properties Nos. 2 and 3 were purchased benami in the name of defendant 1 and property No. 4 was purchased at auction by one Abdul Rahman for Roshan Ali and he (Abdur R...
Sukhan Singh and ors. Vs. Uma Shankar Misir and ors.
Court: Allahabad
Decided on: Sep-21-1934
Reported in: AIR1935All65; 152Ind.Cas.663
Niamatullah, J.1. These two appeals arise opt of proceedings under Section 144, Civil P.C. The appellants objected to restitution being made under Section 144, Civil P.C., to a lady named Chandrajota Kunwar, so far as it was claimed in denial of the appellants' rights as statutory tenants. The lower Court dismissed the appellants' objection and delivered actual possession of the lands in dispute to Mt. Chandrajota Kunwar. It appears that the Collector of the Benares, who was in charge of the estate known as Sakaldiya estate, instituted a suit, against Mt. Chandrajota Kunwar for setting aside an agreement and for possession of property of which the lands now in dispute were parts. It is not necessary to enter into the details of the controversy between the parties to that suit. Suffice it to say, that it was a suit for inter alia, the relief of possession against Mt. Chandrajota. The suit was decreed by the Court of first instance on 17th March 1930, and possession was delivered to the ...
Tara Prasad Singh and anr. Vs. Raja Singh and ors.
Court: Allahabad
Decided on: Sep-21-1934
Reported in: AIR1935All90; 152Ind.Cas.929
Kendall, J.1. Mr. Upadhiya who holds the brief of Mr. Kanhaiya Lal Misra, counsel for the applicant, appeared before I signed my first order, and I have allowed the case to be argued on the merits.2. This is an application for the revision of an order of the Additional Munsif of Azarngarh dismissing an objection to an award made by certain arbitrators. The facts are given in the order of the learned Additional Munsif. The objection has been made on the ground that one of the three arbitrators who had been appointed by the parties re-refused to sign the award. It was indeed stated on behalf of the applicant that he had not taken any part in the arbitration proceedings. The Court has found as a fact that all the arbitrators had arrived at a decision with respect to the subject-matter of dispute, that they waited to give the award in the hope that the parties might compromise, and then, when there was no compromise, one of the arbitrators refused to sign the award and filed his resignatio...
Chandulal Vs. Bharat Singh
Court: Allahabad
Decided on: Sep-21-1934
Reported in: AIR1935All96; 152Ind.Cas.921
1. This is a second appeal by the plaintiff whose suit was dismissed by the Courts below on the ground that it was barred by Order 2, Rule 2, Civil P.C. The facts may be briefly stated. It appears that the plaintiff brought a previous suit for redemption of a mortgage. A preliminary decree in the suit was passed on 14th February 1927, and the date fixed for payment was 14th August 1927. The plaintiff deposited the entire amount due under the preliminary decree on 8th August 1927, and then applied for the preparation of a final decree. The final decree itself was prepared on 12th November 1927, but possession was delivered by the mortgagee on 17th February 1929. The plaintiff then brought the present suit for recovery of mesne profits from 8th August 1927 to 17th February 1929. This suit, as we stated before, was dismissed by the Courts below on the ground that it was barred by Order 2, Rule 2, Civil P.C.2. The Courts below have relied on three cases of this Court : Goswami Gordhan Lalj...
Sukh Lal Vs. Bhoora
Court: Allahabad
Decided on: Sep-20-1934
Reported in: AIR1934All1039; 153Ind.Cas.205
Rachhpal Singh, J.1. This is a revision application against an order passed by the learned Judge of Small Cause Court dismissing the suit instituted by the plaintiff against the defendant.2. The plaintiff-applicant instituted a suit against the defendant on foot of a simple money bond alleged to have been executed by him on 25th June 1925. This bond had been executed in favour of the plaintiff and his brother who is dead. Under the provisions of the bond in suit a sum of Rs. 600 was agreed to be paid by the defendant in instalments of Rs. 40 yearly within a period of 15 years. There was a farther stipulation to the effect that in cast) of default of any payment of any instalment the creditor would be entitled to recover the whole amount due on the bond tit once3. The defendant denied the execution oi the bond. The learned Judge has found that the execution of the deed by the defendant was fully proved. He further found that the defendant had made no payment towards the bond. He however...
Mt. Haidari Begum Vs. Jawad Ali
Court: Allahabad
Decided on: Sep-20-1934
Reported in: AIR1935All55
Bennet, J.1. This is an application which has been made to this Court under Section 491, Criminal P.C., by Mt. Haidari Begum who was married to the opposite party Saiyed Jawad AH Shah known as the Mian Sahab of Gorakhpur. The application is that the minor son aged 4 years of the parties should be brought before this Court and be delivered to the applicant. It is stated that on 29th July 1933, the applicant left Gorakhpur to go to the house of her father in Lucknow and she expected her husband to follow with the child, but her husband did not come or send the child, and on the 2nd August, she received a letter from her husband divorcing her. Her husband has kept the child. She has therefore made this application as under the Mahomedan law the mother is entitled to the guardianship of a child under 7 years of age. Now, the first question which arises is whether this Court should exercise its discretionary power under Section 491 in this matter. The discretionary power is given by the fol...
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