Allahabad Court January 1939 Judgments
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Sh. Fitrat HusaIn and anr. Vs. Liaqat Ali and anr.
Court: Allahabad
Decided on: Jan-18-1939
Reported in: AIR1939All291
Bennet, J.1. This is a reference under Order 46, Rule 1, Civil P.C., by the learned Small Cause Court Judge, Sahaswan, of the following question:Whether on a transfer of sir rights in respect of a plot on which a grove stands, the right to the trans-possession of the trees is transferred to the transferee, or the trees also would be subject to the ex-proprietary tenancy rights2. The frame of this question is somewhat unfortunate. Section 6, Agra Tenancy Act, Act 3 of 1926, lays down that sir rights are not transferable except in two cases, neither of which arises in the reference. The question is also at fault in referring to 'subject to the ex-proprietary rights' where the alternative really is 'or the right to the possession of the trees remains with the transferor.' The order of reference has set out the question more correctly at an earlier part as follows:The question, on which there is a dispute between the parties, then resolves itself into whether on the transfer of proprietary...
Gulzari Lal Vs. Manzoor Ahmad and ors.
Court: Allahabad
Decided on: Jan-18-1939
Reported in: AIR1939All378
Iqbal Ahmad, J.1. This is a defendant's appeal arising out of a suit for recovery of Rs. 1000 principal and Rs. 375 interest. The plaintiff's case was that he had deposited a sum of Rs. 1000 with firm Hazari Lal Banwari Lal on 4th September 1930, and at the time of the deposit a memorandum evidencing the deposit was executed by Gulzari Lal, defendant-appellant. The suit was filed more than three years after the date of the alleged deposit, viz. on 30th October 1934. The suit was contested by the defendant-appellant inter alia on the ground that it was barred by limitation. This contention of the defendant has been overruled by both the Courts below and in my judgment rightly. The memorandum mentioned above is addressed to the plaintiff-respondent and is as follows:The sum of Rs. 1000 that you have deposited (jama kiya hai) with me will be handed over to you whenever you demand the same and I will pay you interest at the rate of 12 annas per cent, per mensem.2. It is contended by the le...
Kaushal Pal Singh Vs. Jwala Bank
Court: Allahabad
Decided on: Jan-18-1939
Reported in: AIR1939All482
ORDERAllsop, J.1. This is an application under Section 25, Small Cause Courts Act. The applicant was impleaded in a suit for the recovery, of money which had been advanced to his deceased son. The allegation was that he was in possession of some of his son's assets. The Court passed a decree against the assets in the possession of the applicant. It is urged that the applicant had, before the suit was instituted, made an application under the Encumbered Estates Act and therefore was not liable to be sued because a suit was barred under the provisions of Section 7 of that Act. It seems to me that the argument is misconceived. Section 7 bars a suit against the applicant under the Encumbered Estates Act in his personal capacity. Learned Counsel has referred to the definition of the word 'debt' which appears in Section 7. The definition includes any pecuniary liability. Learned Counsel urges that the allegation was that his client had a pecuniary liability to pay his son's debts. I do not t...
Udhan Lohar Vs. Emperor
Court: Allahabad
Decided on: Jan-17-1939
Reported in: AIR1939All685
Mohammad Ismail, J.1. Udhan Lohar, resident of village Salempur, District Farrukbabad, appeals from his conviction and sentence under Section 302, I.P.C., for having caused the death of Thakur Banwari Singh on the night between 31st May and 1st June 1938 at village Tera. There is also a reference before us by the learned Sessions Judge for the confirmation of the death sentence imposed on the appellant. The prosecution story is that Banwari Singh deceased was sleeping outside his house when he was set upon by the appellant Udhan and two other persons named Bhawani and Pooran and was done to death by spear wounds and lathi blows. The wife of the deceased and his aunt were sleeping in side the house and his son Rameshur was sleeping outside at some distance. They heard the noise and coming to the place whore the deceased was sleeping they found that Banwari Singh was dead and a sheet covered his body. A report of the occurrence was made at the instance of the relatives of the deceased by...
Mt. Lalita Devi Vs. Nathuji Joshi
Court: Allahabad
Decided on: Jan-16-1939
Reported in: AIR1939All333
Mohammad Ismail, J.1. This is a first appeal from order of the learned District Judge of Benares arising out of proceedings under Act 4 of 1912. On the application of Mt. Lalita Devi, the appellant before us, the learned District Judge directed an in question for the purpose of ascertaining whether Nathuji Joshi was a person of unsound mind and incapable of managing himself or his affairs. The application was opposed by the alleged lunatic Nathuji. The learned District Judge upon a consideration of evidence came to the conclusion that Nathuji was of weak intellect but not of unsound mind. He accordingly held that he had no power to appoint a guardian of the person of Nathuji or a manager of his estate.2. Nathuji is about 55 years of age and owns some zamindari property which is valued at Rs. 11,000 and is also alleged to possess moveable property which is valued approximately at Rs. 8735. Nathuji until a few years ago lived with his brother Diwakarji who looked after him and his proper...
Jagannath Vs. Municipal Board
Court: Allahabad
Decided on: Jan-16-1939
Reported in: AIR1939All337
Verma, J.1. These three connected second appeals arise out of three different suits filed by three different persons against the Municipal Board, Soron. The points that arise for decision however are the same in all the three appeals. The appellant in each case was the plaintiff. The suits have been dismissed by both the Courts below. In the year 1930, certain bye-laws were made by the Municipal Board under Section 298, List I, heading J(d) of the U.P. Municipalities Act (No. 2 of 1916) for charging fees in respect of projections over streets and drains. These bye-laws were confirmed by the Commissioner. The projections of the plaintiffs in each of these cases have been in existence from before the passing of the bye-laws in question. Bye-law No. 11 deals with existing projections and provides that the rates noted in the schedule will apply also to all projections of the nature of 'saiban, takhtas and patia zerin.' The Municipal Board acting under these bye-laws took certain steps to r...
Kanhai Singh and ors. Vs. Basdeo Sahai and ors.
Court: Allahabad
Decided on: Jan-13-1939
Reported in: AIR1939All387
Bennet, J.1. This is a second appeal by six plaintiffs against a decree of the lower Appellate Court dismissing their suit and the prayer is that the decree of the trial Court by which their suit was partly allowed should be restored. The plaintiffs consist of five Ahirs and one Gaderia, that is, they are all persons whose livelihood is gained by keeping cattle. The plaintiffs asked for a declaration that a certain house and enclosure in the village were not saleable in execution of decree No. 9 of 1933 and that the sale was null and void. The ground for the declaration was that the house and enclosure were appurtenant to the 'Than' or 'Isthan' of a village deity named Mahikhasur where the plaintiffs and other villagers go to worship. The particular worship alleged was that of making offerings to the Brahmin family who conducted the worship at the platform or 'Than' when the cattle of the cattle-owners were afflicted with disease. The defence was that there was no such 'Isthan' in the ...
Bhora Singh and ors. Vs. Fora and ors.
Court: Allahabad
Decided on: Jan-12-1939
Reported in: AIR1939All347
Iqbal Ahmad, J.1. This is a plaintiffs' appeal in a pre-emption suit. By a sale deed dated 2nd January 1935 Earn Singh, defendant, sold the property in dispute in favour of Fora and others who were impleaded as defendants 1 to 3 in the suit. The sale consideration entered in the sale deed was Rs. 780. The plaintiff-appellants, who are members of a joint Hindu family, then brought the suit giving rise to the present appeal. Bhuru Singh plaintiff is the grandfather of the remaining two plaintiffs named Munshi Singh and Phul Singh. The plaintiffs alleged that the real sale consideration was Rs. 250 and not Rs. 780 as entered in the sale deed and this allegation of the plaintiffs has been accepted by both the Courts below. The plaintiffs are admittedly cosharers in the mahal in which the property sold is situated whereas the vendees are total strangers. The vendees however resisted the suit on the allegation that the sale in their favour was effected after the refusal by the plaintiffs to ...
Kunwar Jaswant Singh Vs. Executive Officer, Municipal Board
Court: Allahabad
Decided on: Jan-12-1939
Reported in: AIR1939All450
Collister, J.1. This is a plaintiff second appeal arising out of a suit for refund of licensing fees alleged to have been illegally levied, and for damages. The plaintiff owns a limo factory at Muhiuddinpur, outside the limits of the Municipal Board of Meerut. He owns a number of thelas drawn by buffaloes, by means of which he delivers Lime to his customers. It appears that on 4th and 6th September 1934 two of these thelas wore carrying lime to the Sadar Bazar within the municipal limits when they were stopped by the licensing inspector of the Municipal Board. The latter demanded licensing fees at the rate of Rs. 12 per thela and detained the two thelas at the Municipal office, while the thela walas were allowed to return with the buffaloes and make their report to their employer. Subsequently, the plaintiff paid the taxes under protest and thereafter he instituted this suit, alleging that the taxes had been illegally levied and that his thelas had been wrongfully detained. He accordin...
Sri Mahanth Pauhari Bishunath Jati Vs. Ram Lagan Jati
Court: Allahabad
Decided on: Jan-12-1939
Reported in: AIR1939All500
Verma, J.1. This is a second appeal by the plaintiff zamindar against a decree of the learned District Judge of Ghazipur by which the claim of the plaintiff for arrears of rent for 1340 and 1341 Fasli, so far as it related to an enhanced rate on account of the growth of sugar-cane, was disallowed by the learned District Judge. The issue in question was as follows:Whether the custom of Beshi rent for sugar-cane is applicable to exproprietary tenants or not, if so, what will be the proper rent ?2. The plaint set out that the exproprietary rent apart from this claim for sugar-cane was Rs. 92-6-0 and the amount of exproprietary rent was not in dispute. The plaintiff claimed that owing to sugar-cane cultivation, there was Rs. 56-14.0 in addition duo for 1340 Fasli and Rs. 14-15-0 due for 1341 Fasli. The trial Court, the Assistant Collector, First Class, held that the custom applied to exproprietary tenants and that the rate was Rs. 6-12.0 per bigha and he allowed Rs. 33.6-0 for 1340 Fasli a...
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