Allahabad Court April 1935 Judgments
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Janki Misir Vs. Beni Singh and ors.
Court: Allahabad
Decided on: Apr-30-1935
Reported in: AIR1935All853; 160Ind.Cas.940
Kendall, J.1. This is an appeal against the appellate order of the Second Additional Subordinate Judge of Jaunpur, confirming the order of the trial Court, which had dismissed the plaintiff-appellant's suit. The facts are given sufficiently fully in the order of the lower appellate Court. The question that has been argued in second appeal is contained in the 3rd issue set forth in that judgment, namely, whether the decision of the previous suit operates as a bar against the plaintiff so far as defendants 2, 3 and 4 are concerned, When the Subordinate Judge came to deal with this question however what he considered was whether the decision of the previous suit had the effect of barring the plaintiff's suit against all the defendants.2. In the suit brought by the present appellant in 1927, for possession of this property against trespassers, the defendants were the same as in the present proceedings, with this exception, that defendant 4 in the former suit Sardar Singh, has died and is n...
BadruddIn Vs. Secy. of State and ors.
Court: Allahabad
Decided on: Apr-30-1935
Reported in: AIR1935All844; 158Ind.Cas.526
ORDERBennet, J.1. This is an application in revision by a plaintiff whose suit has been dismissed by the Small Cause Court. The plaintiff despatched a consignment of boots and shoes from Agra Cantonment to Karachi, at railway risk. The consignment arrived at Karachi, but plaintiff could not arrange for its delivery and at his request it was detained for a considerable time. The plaintiff then asked the railway company at Karachi, to nave the goods rebooked from Karachi, to Agra. In accordance with rules and regulations the railway company stated that the plaintiff should execute risk note A if the goods were to be rebooked. The plaintiff refused to execute risk note A and has brought this suit for Rs. 145 compensation against the railway company. The consignment was still lying at Karachi, in charge of the railway company when the suit was brought. The only issue framed was:Is the suit premature and is the plaintiff entitled to any and what amount of damages?2. The Court below has held...
Managing Committee, George High School Vs. Abdul Karim Khan and ors.
Court: Allahabad
Decided on: Apr-30-1935
Reported in: AIR1935All895; 157Ind.Cas.111
Allsop, J.1. The appellants are the Managing Committee of the George High School at Azamgarh. The respondents Abdul Karim Khan and others were the plaintiffs in the trial Court. It appears that some land was acquired for the appellant by the Government under the provisions of the Land Acquisition Act, over this land there used to be a drain through which water used to flow from the property of the plaintiffs. The appellants closed this drain and the plaintiffs then instituted the suit upon the allegation that the accumulation of water had caused them damage. They prayed for a perpetual injunction restraining the defendants-appellants from interfering with the flow of water through the drain. The trial Court dismissed the suit upon the ground, that any rights which the plaintiffs might have had over the land was destroyed under the provisions of Section 16, Land Acquisition Act. The section is as follows:When the Collector has made an award under Section 11 he may take possession of the...
Chandra Mohan Lal Vs. Mt. Mathuri Kuer and anr.
Court: Allahabad
Decided on: Apr-30-1935
Reported in: AIR1935All912; 157Ind.Cas.177
Allsop, J.1. This second appeal arises out of a suit in which the plaintiff claimed in his capacity as lambardar sums alleged to have been paid by him as Government Revenue on behalf of the defendants, his co-sharers in the mahal. It has been found that the revenue paid was Rs. 1,743 and that the lambardar collected a sum of Rs. 2,079-1-2 on account of profits. The lambardar alleged that there was an agreement between him and the co-sharers by which they were all to collect their own share of the profits. But the learned Judge of the lower appellate Court has found as a fact that the lambardar did not act upon the agreement and that he collected rents, instituted suits, ejected tenants and generally behaved as though no agreement had taken place. The position then is that the lambardar was collecting rents on behalf of the co-sharers as well as for himself.2. It has been urged that he was entitled out of his collections to set apart for himself his full share of the gross profits of th...
Official Liquidators, Dehra Dun Mussoorie Electric Tramway Co., Ltd. V ...
Court: Allahabad
Decided on: Apr-29-1935
Reported in: AIR1936All826; 166Ind.Cas.98
Sulaiman, C.J.1. The question referred to the Full Bench is:Does Section 86, Civil P.C. apply to proceedings under Sections 184, 186 and 187, Companies Act2. The Dehra Dun Electric Tramway Co., Ltd., has been in liquidation and has been wound up. The former Maharaja of Nabha had purchased a large number of shares and paid in a large sum of money in cash, but a sum of about Us. 20,000 was outstanding as the unpaid balance on account of those shares. After some correspondence, the then Managing Agent accepted a Rolls Royce car as payment on account of the outstanding balance. The oar was shown as part of the properties of the Company and the shares were shown as having been paid up. There was, however, some dispute on account of the transfer of that car by the Managing Agent and an interpleader suit was filed in the Calcutta High Court in respect of that car. It was on account of the pendency of that interpleader suit that the Company Judge ordered that the question of the liability of t...
Syed Khurshed Ali Vs. Ghulam Mustafa
Court: Allahabad
Decided on: Apr-29-1935
Reported in: AIR1935All873; 158Ind.Cas.908
ORDERKendall, J.1. This application has arisen from a somewhat complicated set of circumstances. The present applicant filed a suit for possession of land by the demolition of a house and obtained a decree, which was upheld in the lower appellate Court and the High Court on 28th July 1931. The substance of the decree was that the opposite party would be entitled to remove the materials of the house within three months from the date of the decree, and if he failed to do so, the plaintiff was to be entitled either to remove the materials with the help of the Court or to obtain possession of the land with the materials. The opposite party was permitted to file an appeal under the Letters Patent which was dismissed on 4th August 1933, but omitted to pray for an extension of the time allowed to him by the decree of 28th March 1931, for the removal of the materials. Later on he made an application in review for extension of time, explaining that the omission had been by oversight and on 16th...
Aijaz Ahmad Vs. Nazirul Hasan and anr.
Court: Allahabad
Decided on: Apr-29-1935
Reported in: AIR1935All868; 158Ind.Cas.753
Iqbal Ahmad, J.1. The question of law that arises in the present appeal is whether a Collector has jurisdiction to set aside the sale of immovable property held in execution of a decree transferred to him by the Civil Court in accordance with the provisions of Section 68, Civil P.C., after the sale has been confirmed by him and the record of the execution case has been retransmitted to the Civil Count, if he is satisfied that the decree-holder, by the exercise of fraud, kept the judgment-debtor ignorant of the execution proceedings culminating in the sale of the property and of the confirmation of sale, when as a consequence of his fraud the decree-holder succeeded in purchasing the property of the judgment-debtor for much less than its real value.2. The plaintiff-respondent held a decree for costs for a sum of Rs. 1,585 against Mohammad Munawar, the predecessor in interest of the defendants. The plaintiff applied for execution of the decree by attachment and sale of 1 anna 2 pies shar...
iqbal UddIn and anr. Vs. Ram Nath
Court: Allahabad
Decided on: Apr-29-1935
Reported in: AIR1935All894; 157Ind.Cas.172
Kendall, J.1. This appeal arises from a suit for partition by a stranger to whom a part of the property of an undivided family had been transferred. The plaintiff-respondent obtained a decree for partition of his share. The appellants wished to buy out his share, and they made a report under Section 4, Partition Act of 1893. Both the Courts have held that the property concerned is not a 'dwelling house' within the meaning of that section. The lower appellate Court has remarked:The fact that the land is khandal from six or seven years, coupled with the fact that Mt. Nabban lives in mohalla Sari Gobbardan, points out that its owners have given up the idea of using it as a dwelling house. 2. The learned Counsel for the appellants wished to assail the finding that Mt. Nabban lives in mohalla Sari Gobhardhan on the ground that there is no evidence to support It. But there is no certificate to support this plea, and I have therefore not allowed it to be taken in this Court. The next argument...
B. Raghubir Das Vs. B. Sital Prasad and ors.
Court: Allahabad
Decided on: Apr-26-1935
Reported in: AIR1935All740; 157Ind.Cas.673
ORDERKendall, J.1. This is an application for the revision of an appellate order passed by the Subordinate Judge of Gorakhpur allowing the opposite parties to withdraw their suit under Order 23, Rule 1, Civil P.C. The circumstances briefly are that the plaintiff opposite-parties had brought a suit for a declaration that they alone were entitled to realise the dues from certain shopkeepers, and they also claimed an injunction against interference with this alleged right. The Munsif after taking all the evidence and hearing arguments dismissed the suit. The plaintiffs appealed, but during the course of the appeal they made an application to be allowed to withdraw the suit on the ground that there was a formal defect, namely, that they had not claimed an alternative relief in the event of their being found not to be in possession of the property; and as the trial Court had dismissed the suit in accordance with the provisions of Section 42, Specific Relief Act, this defect was fatal to the...
Govind Singh Vs. Ram Prasad and anr.
Court: Allahabad
Decided on: Apr-25-1935
Reported in: AIR1935All838; 158Ind.Cas.911
Harries, J.1. This is an appeal against an order of the District Judge of Shahjehanpur appointing Ram Prasad the guardian of his infant daughter. Ram Prasad, a Brahmin by caste, applied to the Court to be appointed as the guardian of Mt. Man Piari who was then about five years of age. He alleged that the little girl was his illegitimate daughter conceived in adulterous intercourse between him and Mt. Sukh Dei now deceased, Mt. Sukh Dei was the legal wife of the appellant Govind Singh, but the learned Judge has found that at the time of conception of Mt. Man Piari Mt. Sukh Dei was living with Ram Prasad and that Govind Singh had no access to her. In those circumstances the learned Judge found as a fact that Mt. Man Piari was the daughter of Ram Prasad and that the appellant Govind Singh was not related to her in any way. For about eleven months before these proceedings were brought Mt. Man Piari had been living with Govind Singh, but the record is silent as to how she came to live with ...
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