Allahabad Court July 1939 Judgments
Man Singh and anr. Vs. Baij Nath Sahai
Court: Allahabad
Decided on: Jul-27-1939
Reported in: AIR1939All694
Thom, C.J.1. This is a defendants' appeal against the decision of a learned Single Judge of this Court. The appeal arises out of a suit under Section 227, Agra Tenancy Act of 1926. The plaintiff's claim is in respect of his share of profits for the years 1337 to 1339 Fasli. The sum claimed is Rs. 570. The suit was contested by two defendants namely the present appellants who filed a joint written statement. It was denied in the written statement that they had made any collections of rents from tenants for the years in question and it was averred that the plaintiff himself had realized his share of rents from the tenants. The main question for consideration in this appeal is as to the extent of the liability of Man Singh who made certain collections during the years in question. It was contended for Man Singh that he was entitled to deduct from the collections which he had made his total share of the profits in the whole jamabandi. On the other hand it was maintained for the plaintiff t...
Tag this Judgment!Gokaran Singh Vs. Brij Bhukan Singh and ors.
Court: Allahabad
Decided on: Jul-27-1939
Reported in: AIR1939All717
Iqbal Ahmad, J.1. This appeal arises out of proceedings under the U.P. Encumbered Estates Act (25 of 1934), and the cardinal question that arises for decision in the appeal is as to whether in proceedings under the Act the debtor applicants or the creditor claimants are to be treated as plaintiffs in proceedings before the Special fudge. The facts are undisputed and are as follows : Thakur Gokaran Singh, appellant, filed an application before the Collector under Section 4 of the Act and the Collector in accordance with Section 6 of the Act forwarded the application to the Special Judge. The appellant then, in pursuance of the provisions of Section 8 of the Act, filed a written statement before the Special Judge embodying the particulars of the debts due from him, and one of the creditors named in the written statement was one Mulu Singh. The notices prescribed by Section 9 of the Act were then published and Mulu Singh on 18th April 1936 filed a written statement embodying the particula...
Tag this Judgment!Bindra Pandey Vs. Munna Pandey and ors.
Court: Allahabad
Decided on: Jul-26-1939
Reported in: AIR1939All721
Rachhpal Singh, J.1. This is a plaintiff's second appeal arising out of a suit for redemption. The facts which have given rise to this litigation between the parties can very briefly be stated as follows : One Mt. Shukla Pandain was the proprietor of 20 gandas share in village Sodairampur. She created a usufructuary mortgage in respect of 10 gandas out of 20 gandas in 1898 in favour of Munna Pande and his brother Bhola Pande. When Mt. Shukla died this 20 gandas share was divided between certain claimants. One of them was a collateral of her husband, while the other two, Ram Dawar and Dwarika, were her daughter's sons. Bach of them got 10 gandas. So far as the collateral is concerned, he redeemed 5 gandas which had been allotted to him and there is no controversy in respect of 10 gandas which he got. The dispute is as regards the remaining 10 gandas which went to the share of the abovementioned sons of the daughter of Mt. Shukla. The sons of her daughter were minors and in 1910 their fa...
Tag this Judgment!Nand Kishore and anr. Vs. Emperor
Court: Allahabad
Decided on: Jul-26-1939
Reported in: AIR1939All710
ORDERMulla, J.1. This is an application in revision by two persons, Nand Kishore and Hemraj against an order passed by the loamed Sessions Judge of Agra in appeal, convicting thorn of an offence under Section 424, I.P.C. It appears that the applicants were convicted by the trial Court under Section 418, I.P.C. but the learned Sessions Judge found that an essential ingredient of that offence had not been established by the evidence for the prosecution and he thereupon set aside the applicants conviction under that Section and proceeded to convict them under Section 424, I.P.C., maintaining the sentence of line imposed upon them. As the conviction by the learned Sessions Judge has boon challenged mainly on the ground that it is wholly illegal, it is necessary to set out a few relevant facts in order to develop the points of law which arise for consideration.2. The applicant Nand Kishore is the manager of the local branch of the Motor and General Finance Company Limited at Agra. The head ...
Tag this Judgment!Rai Indra NaraIn Vs. Mohammad Ismail and ors.
Court: Allahabad
Decided on: Jul-25-1939
Reported in: AIR1939All687
Bennet, J.1. This is an execution second appeal brought by R.B. Rai Indra Narain who objected to the execution of a decree by the decree-holder Mohammad Ismail and the objection was dismissed by the execution Court and that order was confirmed by the lower Appellate Court. The facts are that on 12th June 1913 there was a compromise decree granted to the respondent Mohammad Ismail by which he was to get Rs. 10 per mensem from his relatives and this sum was to be a charge on the property. Mohammad Ismail several times put his decree in execution and recovered his maintenance allowance. On 20th' May 1933, the appellant Indra Narain pur, chased this property at an auction sale on a decree against the owners Irshad Ali and Masum Ali who were apparently the persons liable under the decree of Mohammad-Ismail or their descendants. The objection is that the auction-purchaser had no knowledge of the charge and that he was a bona fide purchaser for value. Learned Counsel for the auction-purchaser...
Tag this Judgment!Bansidhar Upadhya and anr. Vs. Mt. Gujrati and anr.
Court: Allahabad
Decided on: Jul-25-1939
Reported in: AIR1939All688
Verma, J.1. This is an appeal by the plaintiffs in a suit for sale on foot of a simple mortgage. Both the Courts below have dismissed the suit. The mortgage in suit was executed by one Bhagwati Upadhya on 18th June 1923. The case of the plaintiffs was that Bhagwati was a separated Hindu and was the sole owner of the property mortgaged. Bhagwati is dead and the plaintiffs impleaded Mt. Gujrati, the widow of Bhagwati, as the sole defendant to the suit. The only plea of the defendant with which we are concerned was the plea that Bhagwati was not a separated Hindu but was a member of a joint Hindu family with his brother Ram Tawakkal Upadhya, and died in a state of jointness. The defendant therefore pleaded that on Bhagwati's death no right of inheritance arose in her favour and that the entire property belonging to the family devolved on Ram Tawakkul Upadhya alone by survivorship. Accord. Ingly she contended that she could not represent the estate and no decree could be passed in a suit i...
Tag this Judgment!Sital DIn Dube and anr. Vs. Sripal Singh and ors.
Court: Allahabad
Decided on: Jul-25-1939
Reported in: AIR1940All44
Verma, J.1. The essential facts may be briefly stated as follows: On 2nd February 1899 some of the respondents, along with the predecessors-in-interest of the other respondents and some other members of their family who are dead, executed a deed in favour of one Lal Satnarain Pal Singh. By means of this deed certain land measuring 35 bighas 1 biswa 19 dhurs was granted to Satnarain Pal Singh on payment of a nazrana of Rs. 2499 for cultivation. The grantee was to pay rent at the rate of Rs. 210 per annum. The grantors covenanted that the grantee would be entitled to remain in possession 'generation after generation' and it was stipulated that the grantee would pay the annual rent agreed upon without any objection on the ground of failure of rains or on the ground of any other similar calamity. The grantors further agreed that they would have no right to enhance the rent or to eject the grantee and that the only right which they would have against the grantee would be to recover the rent...
Tag this Judgment!A.S. Agarwal Vs. Emperor
Court: Allahabad
Decided on: Jul-24-1939
Reported in: AIR1939All697
ORDERMulla, J.1. This is an application in revision by one Mr. A.S. Agarwal who has been convicted by a First Class Magistrate in a summary trial of an offence under Section 23, Boilers Act, and has been fined Rs. 200. The facts of the case are very simple. The case was instituted upon the complaint of the Chief Inspector of Factories and Boilers. It appears that the applicant is the Manager of a dairy owned by Messrs. L. Moti Lal and Sons, Army Contractors. For the purposes of the dairy it is necessary to clean and sterilize utensils used for keeping milk and other products. In order to sterilize such vessels a contrivance was in use at the said dairy which consisted of a closed tin canister with a capacity of more than 7 gallons with two stopcocks, one on the top and the other at the bottom placed upon a brick furnace. It is admitted and indeed cannot be denied that this contrivance generates steam under pressure. It appears that the Chief Inspector of Boilers happened to arrive on t...
Tag this Judgment!Moti Lal Vs. Emperor
Court: Allahabad
Decided on: Jul-24-1939
Reported in: AIR1939All701
ORDERMulla, J.1. This is an application in revision by one Rai Sahib Moti Lal who has boon convicted under Section 307, U.P. Municipalities Act and has been fined Rs. 10. The conviction was recorded in the first instance by a Magistrate of the second class who imposed a fine of Rs. 100. The applicant wont up in appeal to the District Magistrate who upheld the conviction but reduced the fine to a sum of Rs. 10 only in view of the careless procedure adopted by the Municipal Board. The applicant then wont up in revision to the learned Sessions Judge of Bulandshahr who has again uphold the conviction and the sentence. Hence the application in revision. The facts of the case may briefly be stated as follows : In Win town of Khurja there is a block of 17 shops which was originally owned by one Mt. Jumni Kunwar. This property was put to auction sale in execution of a decree. It was sold in two lots : one of 10 shops and the other of 7 shops. The former lot was purchased by one Puran Mal and t...
Tag this Judgment!Emperor Vs. Qudrat and anr.
Court: Allahabad
Decided on: Jul-19-1939
Reported in: AIR1939All708
ORDER1. This is a reference under Section 307, Criminal P.C., by the learned Assistant Suasions Judge of Benares. Mt. Bhagmania said to be about 12 or 13 years of age, was living with her father-in-law named Sudaman in village Lachhmangarh. On 1st August 1938, Sudaman found at about 8 or 9 P.M. that Mt. Bhagmania had disappeared from the house in which the family was living. Sudaman searched for the girl, but did not succeed in tracing her. He gave information to Lallan Singh, the zamindar of the village. The next day the Sub-Inspector of police station Balua happened to visit the village. Lallan Singh informed the Sub-Inspector of the disappearance of the girl. After some investigation Qudrat, accused, was summoned, and it is stated that he informed the Sub-Inspector that the girl would be found at the house of Mt. Rasulan, accused 2, in village Dharain. The girl was found outside the house of Mt. Rasulan and was made over to Iqbal Ahmad, the Sub-Inspector. Qudrat and Rasulan were pro...
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