Allahabad Court April 1936 Judgments
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Abrar HusaIn and ors. Vs. Ahmad Raza and ors.
Court: Allahabad
Decided on: Apr-21-1936
Reported in: AIR1937All82; 167Ind.Cas.405
Niamatullah, J.1. This is an appeal by the plaintiffs and defendants 2 to 7 and arises out of a suit for declaration. The parties to this litigation are cosharers in village Belamau Saraiyan. The plaintiffs claimed a declaration that they and defendants 2 to 7 are the owners of groves Nos. 1035 and 971 in proprietary right, and, therefore, of the cattle market which is held on those plots, and that defendant 1 had no right to any part of the profits accruing from that market. The suit was contested by defendant 1 only. Defendants 2 to 7, who are described in. the plaint as pro forma defendants, did not file a written statement in the trial1 Court, nor did they in any way affirm or deny the plaintiffs' claim or the right of defendant 1. The defence of defendant 1 was that the cattle market is held on the joint land belonging to all the cosharers, including himself, and that the income accruing from it belongs jointly to all the cosharers. The trial Court found in favour of the plaintiff...
Mt. Sampatia Bibi and anr. Vs. Mir Mahboob Ali and anr.
Court: Allahabad
Decided on: Apr-21-1936
Reported in: AIR1936All528
Bennet, J.1. This is a second appeal by Mt. Sampatia Bibi and Alam Ali defendants, against a decree of the lower appellate Court in favour of the plaintiff, decreeing possession of a house to the plaintiff. The following pedigree is relevant:X|-------------------------------------------| |Shamsher Sher| =Mt. Sampatia,Shamsad Ali widow.2. Defendant Alam Ali, appellant, is the son of one Zahur Ali, and Mt. Sampatia married Zahur Ali after the death of her husband Sher. The claim of the plaintiff was that Sher was a Shia, and as he had no children his childless widow Mt. Sampatia did not inherit any share in the house. He further pleaded that on the death of Sher, Shamsher inherited the whole house as sole heir, and on the death of Shamsher his son Shamsad inherited the house, and on 9th July 1932 Shamsad sold the house by a sale deed to the plaintiff. As that defendant , Mt. Sampatia, was allowed by the plaintiff to live in the house and he now desires to resume possession of the house. ...
Ram Dhan and anr. Vs. Mt. Chunni Kunwari
Court: Allahabad
Decided on: Apr-21-1936
Reported in: AIR1936All578; 165Ind.Cas.7
ORDER1. This is a second appeal from a decision dated 16th August 1933 of the learned Additional Subordinate Judge of Bareilly, by which he allowed an appeal from a decision dated 7th May 1931, of the learned Additional Munsif of Bareilly.2. The plaintiff is one Mt. Chunni Kunwar, and the defendants are two brothers named Ram Dhan and Tek Chand. On 16th August 1918, one Karam Ali executed a simple mortgage-deed of some zamindari property in favour of the defendants and their mother, Mt. Jai Dei, and on 22nd August 1922, a decree was obtained on the basis of that mortgage. Some years were then allowed to elapse, but on 21st December 1926, the property was sold in execution of the above decree, and it was purchased by the present defendants. In the meantime, on 18th July 1923, Karam Ali had executed another simple mortgage of the property in favour of the defendants, and on 22nd December 1926, they brought a suit on the basis of that mortgage. On 17th January 1927, Karam Ali executed a u...
Abdul Mughni Khan Vs. Mt. Farkhunda Bibi
Court: Allahabad
Decided on: Apr-21-1936
Reported in: AIR1936All661
1. This is a defendant's appeal arising out of a suit for possession of properties specified in the plaint and for the recovery of mesne profits. The question raised in the appeal is a short and simple one. The facts may be briefly stated. Defendant 2 on 18th September 1924 executed a simple mortgage deed by which he mortgaged his one quarter share of Mauza Kakarghata to the plaintiff. The plaintiff brought a suit on the footing of the mortgage and obtained a decree on 12th May 1928. The decree she put into execution. The mortgaged property was auctioned and purchased by the plaintiff herself on 21st November 1928. Prior to the auction-sale, namely on 20th April 1928, the mortgagor and his co-sharers executed a theka whereby they leased the property in suit and the shares of the other cosharers for a period of twelve years to defendant 1. Following upon the execution of this theka defendant 1 obtained mutation in respect of the entire property leased in his favour.2. The plaintiff file...
Ashiq Ali and ors. Vs. Emperor
Court: Allahabad
Decided on: Apr-21-1936
Reported in: AIR1936All747; 165Ind.Cas.193
1. This is an appeal by Ashiq Ali, Sadiq Ali and Munshi from their conviction and sentences of transportation for life under Section 302, I.P.C., passed by the learned Sessions Judge of Meerut. The appellants and Imdad Ali were prosecuted for the murder of Umrao on 10th May 1935 at 6 p. m. in village Dibarsi, district Meerut. Ashiq Ali and Sadiq Ali are the sons of Imdad. Munshi is a cousin of Imdad. The accused and the deceased all belong to village Dibarsi. The story for the prosecution, briefly stated, is that Umrao and his son Barkat returned with the marriage party of the latter to their village on 10th May 1935, and that at about 6 p. m. when Umrao came out of his house into a lane, he was assaulted by all the four accused named above. The injuries received by Umrao resulted in his death on 27th May 1935. The occurrence is deposed to by Tulwa, Munshi and Imam Khan, who profess to be eye-witnesses. The important question in the case is whether the evidence given by these witnesses...
B. Jang Bahadur Singh and ors. Vs. Basdeo Singh and ors.
Court: Allahabad
Decided on: Apr-18-1936
Reported in: AIR1936All549
Niamat Ullah, J.1. These four connected appeals arise out of two suits brought by Basdeo Singh and others, appellants in S. A. Nos. 1160 and 1323 of 1932, on foot of two security bonds, one executed by Mt. Manki Kunwar, appellant in S.A. No. 1139 of 1932, on 6th August 1923, and the other by Jung Bahadur Singh and others, appellants in S. A. No. 1133 of 1932, on 5th September 1933. The suits were decreed by the lower Court. The plaintiffs and the defendants were both dissatisfied with the decree passed by the trial Court. Hence four appeals were filed in the Court of the District Judge, who upheld those decrees. The four appeals before us are from the decrees passed in appeal by the District Judge. The circumstances leading to the present litigation are these: Basdeo Singh and others brought two suits for pre-emption against Raj Singh, who was the vendee under two sale-deeds from certain persons. Both these suits were decreed by the trial Court on payment of certain amounts. The vendee...
(Firm) Mangal Sen-chandra Bhan Vs. (Firm) Malik Singh-mohar Singh
Court: Allahabad
Decided on: Apr-18-1936
Reported in: AIR1936All566
Harries, J.1. This is a defendant's second appeal against a decree of the lower appellate Court confirming a decision of the Court of first instance decreeing the plaintiff's claim in part. The plaintiff's claim was for damages for the Wrongful rejection of goods agreed to be sold and delivered by the plaintiff to the defendant. It appears that on 2nd May 1930 the defendant ordered from the plaintiff, 1000 sleepers of a quality known as Samodha. The purchase price was Rs. 3,187 and delivery was to be given at Agra within ten days of the date of the contract. On the day upon which the order was given the defendant paid to the plaintiff a sum of Rs. 200 by way of earnest money to bind the bargain. The goods were despatched from Jhelum in the Punjab to Agra and arrived in Agra within time. The defendant however inspected the goods and rejected them on the ground that they were not of the quality contracted for. The plaintiff on hearing of the rejection came to Agra, paid the freight upon ...
Misri Lal and ors. Vs. Alexander Gardner and ors.
Court: Allahabad
Decided on: Apr-17-1936
Reported in: AIR1936All697
1. These appeals arise out of a suit brought by the plaintiff Lala Misri Lal on foot of two mortgage deeds, one dated 14th January 1920 for Rs. 1,000 carrying interest at the rate of 2 per cent per mensem compoundable every six. months, and the other dated 5th July 1921 for Rs. 1,800 carrying interest at the same rate. The sum due under the first mortgage on the date of the suit (14th January 1932) was Rs. 11,550 and that due under the second deed on the aforesaid date was Rs. 19,500. Both deeds were executed by one Mr. Alexander Gardner, who appears to have owned considerable zamindari property in the district of Etah, in favour of the plaintiff Misri Lal and his brother Ulfat Rai since deceased. Shares in no less than 10 villages were hypothecated under the aforesaid mortgage deeds. The mortgaged property has since passed to subsequent transferees by private alienations or in execution of decrees against the original mortgagor. About 30 defendants were impleaded, some of whom contest...
(Lala) Dau Dayal Vs. Ram Prasad
Court: Allahabad
Decided on: Apr-17-1936
Reported in: AIR1936All741; 165Ind.Cas.649
ORDER1. This is a reference by an Honorary Assistant Collector of Benares through the Collector under Section 267, Clause (2), Agra Tenancy Act 3 of 1926, under the following circumstances. A suit was brought for arrears of rent due under a theka given by the plaintiff to the defendant in respect of some agricultural lands and shops. There was a joint lease for both the agricultural land and the shops, in which one rent was fixed for both the properties. The suit was filed by the plaintiff for arrears of rent in the civil Court, which returned the plaint for presentation to the revenue Court, finding that the suit was not cognizable by it. The plaint was filed in the revenue Court. The same objection of jurisdiction was taken by the defendant in the revenue Court as was taken by him in the civil Court. The defendant contended that the suit was not cognizable by the revenue Court. Without going into this question of jurisdiction the revenue Court gave a decree to the plaintiff. On appea...
Mt. Maina Vs. Bhagwati Prasad
Court: Allahabad
Decided on: Apr-16-1936
Reported in: AIR1936All557
Bajpai, J.1. This is an appeal by the defendant. A short pedigree may be given at once:RAM SUDH MAN TIWARI = Mt. Jaicha Tiwarin |Mt. Hansrani (daughter)|--------------------------| |Ram Nain alias Ram Lagan MisirBhagelu Misir |--------------------------| |Bhagauti alias Ramji Misir Bagesari Misir (Plaintiff 1) (Plff. 2).2. It appears that Ram Sudh Man Tiwari was possessed of some zamindari property. He died and after his death his widow Mt. Jaicha Tiwarin came into possession of the said property. After the death of the latter Mt. Hansrani, the daughter, came into possession of the property. She along with Ram Nain on 10th June 1892 sold the property to Kashi Sahu, who is the predecessor of the present defendants. It is not quite clear whether Mt. Hansrani figured as the guardian of Ram Lagan in the sale deed or whether Ram Nain figured as the guardian of Ram Lagan. The lower appellate Court says that the sale deed was executed by Ram Nain for self and as guardian of Ram Lagan. Be that...
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