Allahabad Court December 1938 Judgments
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Municipal Board Vs. Jokhun
Court: Allahabad
Decided on: Dec-13-1938
Reported in: AIR1939All394
Thom, C.J.1. This is a defendants appeal arising out of a suit in which the plaintiff claimed a declaration that a certain house in the Municipality of Benares was not liable to be assessed to water-tax amounting to Rs. 151-3-6 and that the plaintiff was entitled to an order for the refund of this amount which had been deposited by him and further Rs. 200 in name of damages on account of the illegal attachment of the plaintiff's property.2. The plaintiff averred that the Municipality attached his property and that he had to pay the sum of Rs. 151-3-6 in name of water-tax in order to have the property released. That a certain amount was due by the plaintiff to the defendant is not disputed. The attachment was in respect not only of water-tax but in respect of house-tax. It is a matter of admission that the plaintiff was not liable to be assessed in respect of water-tax. It was contended however for the Municipal Board that the plaintiff had in fact been assessed for water-tax and that i...
Kashi Nath Vs. Municipal Board
Court: Allahabad
Decided on: Dec-12-1938
Reported in: AIR1939All375
Bennet, J.1. This is a second appeal by the plaintiff against a decree of the lower Appellate Court dismissing his suit for a mandatory injunction which had been decreed by the trial Court but maintaining the decree for damages. The plaintiff brought a suit against the Municipal Board of Agra for Rs. 30 as damages for non-supply of water in the second story of the plaintiff's house during the period May to October 1933 and for a mandatory injunction to the Board to supply water to the plaintiff during prescribed hours of water supply and at the prescribed altitude with such conditions and reservations as the Court deems proper. The plaintiff occupies a double storeyed house in Naiki Maindi, Rakabganj Ward, which is assessed to a water rate of Rs. 19-5-5 per annum and he receives a supply of water in the lower storey of his house but he does not get a supply from the water tap in the upper storey of his house. He brought a suit No. 448 of 1932 against the Board for damages and injunctio...
Bibi Amna Khatoon Begum and ors. Vs. Beni Ram and ors.
Court: Allahabad
Decided on: Dec-12-1938
Reported in: AIR1939All209
Ganga Nath, J.1. This is a plaintiffs' Letters Patent Appeal against the decision of a learned single Judge of this Court. It arises out of a suit brought by the plaintiffs against the defendants-respondents to recover arrears of rent. The defendants are thekadars. There was no dispute about the amount of arrears of rent due from the defendants, but the defendants contended that they were entitled to remissions, remission of revenue having been made by the Government. The lower Courts found in favour of the defendants and gave the benefit of the remissions to them. On appeal the learned single Judge confirmed their decision. The lease sued upon was executed on 16th May 1914 when the old Agra Tenancy Act of 1901 was in force. The lease itself provided that even if in any year during its continuance remissions of revenue were made by the Government, the thekadars would not be entitled to any remissions in the rent payable by them to the lessors. Reliance was placed by the defendants on S...
Kamla Prasad Ram Pandey Vs. Hasan Ali Khan
Court: Allahabad
Decided on: Dec-09-1938
Reported in: AIR1939All308
Bennet, J.1. This is a second appeal by the defendant against a decree in favour of the plaintiff by the lower Appellate Court decreeing recovery of Rs. 875 principal on a promissory note and interest at 24 per cent per annum simple from the date of the promissory note, 15th January 1931, up to the date of the suit, 6th January 1934, and thereafter at 6 per cent per annum simple. The appellant alleges that the interest which should have been decreed should be only at; Rs. 2 per mensem as a lump sum, that is Rs. 24 per annum for the three years, Rs. 72. This rate on Rs. 875 is about Rs. 2-9.0 per annum per cent which is a remarkably low rate. The promissory note In question was on a printed form in Hindi, the kind of form which is commonly sold in the bazar and it was as follows:sud mo sud dar sud upar asal har shash mahi ke aj ki tarikh se taroz wasul kul mutalba ke bashrah do rupaiya mahwar....2. The signature of the defendant is in Hindi and Is similar to the writing in which the for...
Nosh Ali and ors. Vs. Shamsunnesa Bibi and anr.
Court: Allahabad
Decided on: Dec-09-1938
Reported in: AIR1939All319
Mohammad Ismail, J.1. This is a plaintiffs' appeal arising out of a suit brought for the recovery of possession over three, fourths of the property owned by one Sheikh Nasru. Sh. Nasru died in July 1932 and his widow Mt. Fahimo Bibi assumed possession of the entire property left by Sh. Nasru in lieu of her dower. Mt. Fahimo under a deed dated 25th July 1932 dedicated the entire property as waqf for charitable purposes and appointed herself as mutwalli for life and on her death defendant 1 was nominated to succeed her as mutwalli. The plaintiffs came to Court on the allegation that they were entitled to succeed to three-fourths share in the property left by Sh. Nasru as residuaries; that Mt. Fahimo had no right to dedicate their share as waqf; that the waqf was illegal and opposed to Mahomedan law and that the dower debt was only Rs. 101 and not Rs. 2000. The plaintiffs accordingly prayed for a decree for possession. It appears that Mt. Fahimo died soon after the execution of the deed o...
Lachman Singh Vs. Mulwa
Court: Allahabad
Decided on: Dec-08-1938
Reported in: AIR1939All224
Bennet, J.1. This is a second appeal by a defendant; against concurring decrees of the two lower Courts. The plaintiff brought a, suit on the allegation that a certain plot was his occupancy tenancy and he had planted a grove on that plot and in 1923 the defendant, apparently in execution of a wimple money decree, had the trees of the grove put up to sale and purchased the trees but did not remove them. The plaintiff sued for an injunction requiring the defendant to vacate the land. The trial Court decreed that the defendant should remove the trees within two months and failing that the plaintiff should be entitled to get them removed by execution and also granted Rs. 8 damages and three-fourths costs. The defendant appealed and the lower Appellate Court dismissed the appeal. The point raised for defence was that the nature of the occupancy holding was hanged by the planting of trees and therefore the trees became transferable and the action-purchase entitled the defendant to hold the ...
Bishan Datt Singh and anr. Vs. Mathura Prasad and anr.
Court: Allahabad
Decided on: Dec-08-1938
Reported in: AIR1939All260
Collister, J.1. This is a defendant's second appeal arising out of a suit for enforcement by foreclosure of a mortgage by conditional sale. The mortgage in question was executed on 19th October 1929 for Rs. 2400 by Randhir Singh, defendant 1, and his son Bishanpal Singh, defendant 2. The plaintiff impleaded both the mortgagors and also the two minor sons of defendant 2; and the latter alone contested the suit. They are the appellants before us. Defendant 1 died during the pendency of the appeal in the lower Appellate Court. The suit was mainly contested on the ground that the mortgage was executed without legal necessity and was not for the benefit of this joint Hindu family. Both Courts have found that there was no legal necessity and that the transaction was not for the benefit of the family. The trial Court found further that the plaintiff was not entitled to a personal decree, but the learned Judge of the lower Appellate Court has reversed the decree of the trial Court and has pass...
Mt. Shayam Peare Vs. Ram Autar Singh
Court: Allahabad
Decided on: Dec-07-1938
Reported in: AIR1939All252
Bennet, J.1. In this case the plaintiff sued to recover Rs. 1275 on the basis of a promissory note dated 13th September 1927 executed by Ram Sarup deceased who was the husband of the defendant, Mt. Shyam Poari. The trial Court dismissed the suit on the ground that no suit lay on the promissory note. An appeal was taken and the plaintiff's case was decreed on 30th August 1935. The defendant has brought an appeal on several grounds but the only ground which has been argued is the ground of limitation. The facts are that the plaintiff relied on a payment of Rs. 20 made on 4th October 1930 as saving limitation and he brought the suit on 4th October 1933. The date on which the payment was made was more than three years from the date of the promissory note, that is 13th September 1927, but the plaintiff relied on the provisions of Section 4, Limitation Act. Now Section 4 states:Where the period of limitation prescribed for any suit, appeal or application expires on a day when the Court is cl...
Govind Prasad Vs. Mt. Batulan and ors.
Court: Allahabad
Decided on: Dec-07-1938
Reported in: AIR1939All251
ORDERMulla, J.1. The only question involved in this revision is whether a person who holds proprietary grove in a certain village but pays neither any revenue nor rent, nor any local rate can be deemed to be an agriculturist within the definition of that term in Section 2, Agriculturists' Relief Act. In my view the answer must definitely be in the negative. A careful perusal of Section 2(2) of the Act will show that the law contemplates three classes of persons who are entitled to the benefit of the Act : firstly, persons paying revenue; secondly persons paying rent; and thirdly, persons paying some local rate under the District Boards Act. A money-lender residing in the city who purchases just one proprietary grove from some zamindar and does not hold any other land of any kind and consequently does not pay any revenue, rent or local rate, cannot possibly be deemed to be an agriculturist within the meaning of the Agriculturists Relief Act. The argument on behalf of the applicant is th...
Sheo Prasad Singh Vs. Ram Khelawan Singh and ors.
Court: Allahabad
Decided on: Dec-07-1938
Reported in: AIR1939All249
Thom, C.J.1. This is a defendant's appeal arising out of a suit in which the plaintiffs claimed a declaration that they were entitled to redeem a certain mortgage dated 3rd September 1907, which had been executed by one Mt. Manki in favour of defendant 1. Harnandan was the last male owner of the property in dispute. His widow on his death took a widow's estate in the property. She executed a mortgage on 3rd September 1907. The mortgage was a usufructuary mortgage and the mortgagor was entitled to redeem within 60 years. Mt. Manki died on 14th September 1929. The plaintiffs claimed that they were entitled as the reversionary heirs to succeed to the property. The contesting defendant on the other hand claimed that he was the reversionary heir. In these circumstances the plaintiffs filed a suit out of which this appeal arises. The finding of the Court of first instance and of the lower Appellate Court is, that the plaintiffs are the reversionary heirs of Harnandan. The trial Court decreed...
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