Allahabad Court December 1939 Judgments
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Allahabad Bank Ltd. Vs. Gulli Lal and ors.
Court: Allahabad
Decided on: Dec-07-1939
Reported in: AIR1940All243
Bennet, J.1. This is a first appeal by the Allahabad Bank Ltd., defendant, against an order in appeal of the learned District Judge of Farrukhabad holding that the suit of the plaintiff lies in the Court of the Civil Judge at Farrukhabad. The plaintiffs are the children of one Nand Lal Gupta and they state in para. 1 of the plaint that Nand Lal Gupta held a fixed deposit of Rs. 3000 with the defendant Bank and that Nand Lal Gupta died on 25th February 1934 at Farrukhabad as the manager of the plaintiff's joint Hindu family. Para. 2 sets out that the plaintiffs are the sole surviving heirs of Nand Lal Gupta. Para. 4 sets out that the cause of action accrued at Farrukhabad on 25th February 1934 on the death of Nand Lal Gupta and on 15th October 1935, the date of the refusal by the defendant to renew the deposit or make the payment till the establishment of legal title. The Bank in its written statement admitted that Nand Lal Gupta had a fixed deposit account with the Bank for the period ...
Jhandoo Mal and Sons Vs. Khalsa Singh Sahi
Court: Allahabad
Decided on: Dec-06-1939
Reported in: AIR1940All305
Bennet, J.1. This is a first appeal from order by a plaintiff Messrs. Jhandoo Mal & Sons of Dehra Dun. The first appeal is directed against an order of the District Judge of Saharanpur setting aside an ex parte decree and remanding the case for re-hearing. The facts are that the plaintiff filed his suit on 6th April 1936 in the Court of the Subordinate Judge of Dehra Dun and the date fixed for final disposal was 11th June 1936. The sole defendant was Sardar Khalsa Singh Sahi described as the Town Engineer of Motihari in Bihar Province. On the date fixed, the defendant appeared by pleader but not in person and the pleader made an application to the effect that summons had been served on the defendant by registered post without any copy of the plaint, that defendant had never bought any goods from the plaintiff, that the defendant could not get leave and could not attend the Court and that time was asked for filing a written statement. On this the Subordinate Judge passed the following o...
Gaya Prashad and ors. Vs. Ram Charan
Court: Allahabad
Decided on: Dec-04-1939
Reported in: AIR1940All184
Bennet, J.1. This is a first appeal by the judgment-debtors against an order of the Court below refusing to entertain an application to record an alleged compromise. The application was headed as an application under Order 23, Rule 3. The sole ground for refusal was that the alleged compromise was of a date subsequent to the final decree in the suit and therefore as Rule 4 of Order 23 states that Order 23 does not apply to execution proceedings the compromise could not be recorded under that Order. The judgment-debtor in appeal points out that although Order 23 will not apply Order 21, Rule 2 will apply and he asks that the Court below be directed to consider his allegations of a compromise under that rule. No ground has been shown by learned Counsel for the decree-holder as to why this should not be done. Some argument was made in regard to Gobardhan Das v. Dau Dayal : AIR1932All273 which was a Full Bench ruling of this Court. Among other matters there is a statement by one learned Ju...
Jagmohan Das Vs. Parshotam Das and ors.
Court: Allahabad
Decided on: Dec-04-1939
Reported in: AIR1940All207
Verma, J.1. This is a plaintiff's appeal and is directed against an order returning the plaint to the plaintiff for presentation to the proper Court. The material facts are these. One Mirza Ali Husain Khan was owner of seven villages: 1. Bhourapur, 2. Sukhmapur, 3. Pitambarpur; 4. Banwaripur, 5. Saloula Khurd; 6. Dayanatpur and 7. Badshahpur Gahar, all situated in the district of Cawnpore. His estate was taken over by the Court of Wards in 1895. There were debts to pay and on 14th August 1896 the Court of Wards executed a simple mortgage hypothecating the villages of Dayanatpur and Badshahpur Gahar in favour of the Maharaja of Balrampur for Rs. 27,000. Ali Husain Khan died in 1907, leaving his daughter, Mt. Bakhtawar Begam, as his heir and representative. In 1908 the estate was released in favour of Bakhtawar Begam. One Husaini Begam laid claim to four of the villages which Bakhtawar Begam had inherited1 from her father, namely Banwaripur, Saloula Khurd, Dayanatpur and Badshahpur Gahar...
Banwari Lal Vs. Ram Gopal and anr.
Court: Allahabad
Decided on: Dec-01-1939
Reported in: AIR1940All190
Verma, J.1. The appellant, Banwari Lal, was, as the plaint stood after amendment, plaintiff 1 in the suit. Mt. Imarti, who has been impleaded as a pro forma respondent to this appeal, was plaintiff 2. The lower Appellate Court has set aside the decree of the Subordinate Judge and has remanded the suit 'for decision according to law.' The appeal is directed against this order of remand.2. One Shyam Sundar Lal was at the time of his death, which occurred in 1926, the sole owner of certain property. Mt. Imarti is his widow. He also left him surviving his mother Mt. Katori. In the ordinary course, on Shyam Sundar Lal's death, Mt. Imarti alone should have got possession of the entire property left by him and her name alone should have been entered in the revenue records against the entire property. It appears however that the mother Mt. Katori, raised some dispute in the course of the mutation proceedings, and ultimately there was an agreement between the two ladies, as the result of which ...
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