Allahabad Court September 1938 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Sheo Nandan Singh Vs. Suraj Prasad Singh and ors.
Court: Allahabad
Decided on: Sep-01-1938
Reported in: AIR1939All22
Misra, J.1. These are two connected appeals arising out of proceedings under Section 144, Civil P.C. in the Court of the Assistant Collector, First Class, District Ballia. Sheo Nandan Singh, the appellant in this Court, obtained two decrees for ejectment from the rent Court against the opposite parties in these two appeals and was put in possession of the properties in respect of which he had sued for ejectment. The opposite parties appealed with success and thereafter applied under Section 144, Civil P.C., for restoration of their possession and for mesne profits for the period of their dispossession. The Assistant Collector assessed the mesna profits and awarded them against the plaintiff-appellant Sheo Nandan Singh. The latter was satisfied with the order of the Assistant Collector but the opposite parties appealed to the District Judge who decreed a larger amount to the opposite parties. The present appeals have been laid to this Court against the decision of the learned District J...
Sundar Lal Vs. Kaushi Ram
Court: Allahabad
Decided on: Sep-01-1938
Reported in: AIR1939All31
Mohammad Ismail, J.1. This is a defendant's appeal from an order arising out of a suit for accounts under Section 33, Agriculturists' Belief Act, on the allegations that the plaintiff 'borrowed two sums of Rs. 150 and Rs. 100 under bonds dated 15th May 1931 and 22nd August 1931 respectively, that the plaintiff repaid Rs. 490 to the defendant; that the latter appropriated Rupees 349 towards the bond of 15th May 1931 and the balance of Rs. 141 was appropriated towards the second bond, that the plaintiff is an agriculturist and that he is entitled to the benefit of Section 30 of the Act. The suit was resisted by the defendant inter alia on the grounds that the plaintiff was not an agriculturist, that the bond of 15th May 1931 having been fully satisfied no accounting with respect to that could be claimed under the provisions of the Act, that the plaintiff paid only Rs. 186 which was appropriated in full satisfaction of the first bond; that nothing was paid towards the second bond. The tri...
Syed Tayyab Hasan Vs. Syed Saghir Hasan and ors.
Court: Allahabad
Decided on: Sep-01-1938
Reported in: AIR1939All52
Misra, J.1. This is a first appeal from the order of the additional Civil Judge of Moradabad, dated 30th July 1937. The relevant facts which have given rise to this appeal are as follows : On 22nd August 1927, a mortgage by way of conditional sale was made by defendants 1 and 2 in favour of the plaintiff and defendant 3 for a period of five years. The mortgagees were however not put in possession of the property mortgaged. On 1st June 1933, the mortgagees brought a suit on foot of this document alleging that the transaction was one of an absolute sale with a condition of re-purchase and that they were really the owners of the property entered in the document. They therefore claimed proprietary possession of the property in that suit and also asked for mesne profits from 1st July 1930 to 30th Juno 1933, and for damages for the materials of one of the houses covered by the deed which materials were said to have been taken away by the mortgagors. In the alternative, they prayed that if th...
Kundan and ors. Vs. Jawahar Singh
Court: Allahabad
Decided on: Sep-01-1938
Reported in: AIR1938All617
Misra, J.1. These are two connected second appeals between the same parties arising out of two suits for arrears of rent brought by Jawahar Singh, plaintiff, respondent, against Kundan Singh and others, defendants-appellants in the Court of the Assistant Collector, First Class, Meerut. The relevant facts are as follows : Two persons named Mahabir Singh and Gajraj Singh owned an area of 22 bighas 8 biswas and 10 biswansis of land which they sold to Jawahar Singh, the plaintiff, by a sale deed dated 22nd December 1908. The land sold lay partly in Mahal Dharam Singh and partly in Mahal Jawahar Singh. After having executed the sale deed the vendors appear to have leased out the land to the defendants on a rental of Rs. 472 per year. The vendee obtained actual possession of the land sold to him except for an area of 6 bighas 5 biswas in Mahal Dharam Singh and an area of 7 bighas 13 biswas in Mahal Jawahar Singh. In respect of these two areas he brought two suits for ejectment against the de...
Mt. Chunni and anr. Vs. Emperor
Court: Allahabad
Decided on: Sep-01-1938
Reported in: AIR1938All653
ORDERMulla, J.1. This is an application in revision by two persons Mt. Chunni and Sikandar against an order passed by a Magistrate of the First Class under Section 133, Criminal P.C., which has been confirmed in revision by the learned Sessions Judge of Agra. The relevant facts of the case may briefly be stated as follows : It appears that the two applicants purchased a piece of land from one Shan Mohammad and started building a house thereon. A notice was served upon them by the Chairman of the local Town Area Committee to the effect that they were encroaching upon a public way and asking them to stop the construction. When they failed to comply with that notice, the Chairman of the Town Area Committee made a complaint to the District Magistrate whereupon a proceeding under Section 133, Criminal P.C., was instituted. The Magistrate issued a conditional order as required by Section 133 directing the applicants to remove the construction which obstructed a public way and to show cause w...
- ‹ Prev
- 1
- 2
- 3
- 4
- Next ›