Allahabad Court April 1939 Judgments
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Jafar UddIn Vs. Debi Prasad and anr.
Court: Allahabad
Decided on: Apr-05-1939
Reported in: AIR1939All590
ORDERMulla, J.1. This is a plaintiff's application in revision under Section 25, Small Cause Courts Act. The suit out of which it arises was brought by the plaintiff to recover a certain amount from the defendants on the allegation that he had carried out certain repairs to some carriages of the defendants in accordance with an agreement between the parties. The suit was filed in the Court of Small Causes at Meerut on 30th March 1935 which was admittedly the last date of limitation. One of the grounds taken by the defendants was that the Meerut Court had no jurisdiction inasmuch as the agreement between the parties had taken place at Muzaffarnagar. The learned Small Cause Court Judge upheld that plea and consequently directed the return of the plaint to the plaintiff for presentation to the proper Court. This order was passed on 18th September 1935. The plaint was however actually returned to the plaintiff on 23rd September 1935 and he proceeded on the same date to file it in the Court...
Raj Bahadur Vs. Mt. Jamna Kuer
Court: Allahabad
Decided on: Apr-05-1939
Reported in: AIR1939All607
Mohammad Ismail, J.1. The facts out of which this appeal has arisen are fully stated in the judgment of the Court below. The plaintiff is the stepmother of the defendant. On the death of the defendant's father there-was a dispute between the parties with respect to the mutation of names in the revenue papers. The defendant at the time was a minor and was represented by Sobha Ram who was appointed a guardian by the District Judge under Guardians and Wards Act. The dispute ended in a compromise. In this compromise it was agreed that the name of the plaintiff would be recorded in the village records with respect to one-fourth share in a certain village. It was further stipulated that the defendant would give a sum of Rs. 200 per annum in lieu of profits to the plaintiff regardless of the actual income realized from the share allotted to the plaintiff. There were certain other stipulations in the deed which are not relevant for the purposes of this suit. This compromise was entered into in...
Mahender Man Singh Vs. Badri and ors.
Court: Allahabad
Decided on: Apr-03-1939
Reported in: AIR1939All433
Bennet, J.1. This is a reference to a Full Bench in the following terms:Does an appeal lie to the District Judge under Section 242(1)(d), Agra Tenancy Act (3 of 1926), against the decision of the Revenue Court in a suit for recovery of arrears of revenue brought under Section 223 of that Act, if the defendant pleads that he is not liable to pay any revenue at all?2. The plaintiff brought two suits in the Court of an Assistant Collector, First Class, under Section 223, Agra Tenancy Act, claiming arrears of revenue under Rs. 200 from a number of defendants. On the decision of the Assistant Collector dismissing the suits, the plaintiff applied to the Commissioner in revision and the Commissioner forwarded the application in revision to the Board of Revenue stating his opinion that revision lay. The Board of Revenue differed and held that these were cases in which appeals lay to the District Judge under Section 242, Agra Tenancy Act of 1926, and therefore that no revision lay to the Board,...
L. Chunni Lal Vs. Chandan Gopal and ors.
Court: Allahabad
Decided on: Apr-03-1939
Reported in: AIR1939All542
ORDERMohammad Ismail, J.1. This is an application in revision on behalf of the creditor against an order of the learned District Judge reversing an order of the Special Judge, 2nd Grade, Hamirpur. It appears that two brothers named Sri Gopal and Chandan Gopal, jointly owed some money to the applicant Chunni Lal. The creditor obtained a decree for the money due to him against the two brothers. It appears that in a private partition between the two brothers it was declared that the debt due to Chunni Lal would be paid by Sri Gopal alone. It is obvious that Chunni Lal was in no way bound by this arrangement arrived at between the brothers. Chunni Lal executed his decree against the two brothers. In the meantime one of the brothers, Chandan Gopal, made an application under Section 4, Encumbered Estates Act, and the application having been found in order was referred to the Special Judge for further proceedings.2. On 16th September 1935 Chandan Gopal made an application under Section 7 of t...
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