Allahabad Court March 1940 Judgments
Kutub UddIn Vs. Waqf Alalaulad of Mt. Fatima Begam
Court: Allahabad
Decided on: Mar-29-1940
Reported in: AIR1940All383
Collister, J.1. This is a defendant's second appeal. Mt. Fatma Begam was the owner in her own right of certain zamindari property, which has an income of Rs. 121-5-3. On 22nd January 1927 she executed a waqf alal-aulad under Act 6 of 1913, in which she appointed herself as the first mutawali and after her death the plaintiff, whose name is Ghulam Jilani. The deed of waqf provides that after the death of Ghulam Jilani the office of mutawalli shall go to such of his male issue as may be fit to hold the post, and that in the event of no such issue surviving, it shall similarly pass to the-male issue of the plaintiff's brother, Inam Jilani; and if no male issue of Inam Jilani is alive, then the succession shall be transferred to the issue of Mehdi Hasan, the plaintiff's father in the female line. Para. 2 of the instrument goes on to provide as follows:If, God forbid, none of the male or female issue-of Mehdi Hasan aforesaid is alive, that member of my father's family who shall be deserving...
Tag this Judgment!Municipal Board Vs. Ram Gopal
Court: Allahabad
Decided on: Mar-29-1940
Reported in: AIR1940All517
Collister, J.1. This is an application in revision by the Municipal Board of Bareilly arising out of a conviction under Section 4, U.P. Prevention of Adulteration Act (Act 6 of 1912). Ram Gopal, the opposite party to this application, is described as a commission agent, and it has been found by the trial Court that he allowed a man named Hardwari to sell ghee at his shop on condition that he was paid commission out of the sale proceeds. On a certain day the sanitary inspector came and took samples of the ghee which was being exposed for sale at this shop, and upon analysis it was found to be 'grossly adulterated.' The Municipal Board thereupon prosecuted Hardwari and Ram Gopal under Section 4 of the Act, and in a summary trial they were both convicted, Ram Gopal being sentenced to pay a fine of Rs. 200 and Hardwari to pay a fine of Rs. 75. There was an appeal by Ram Gopal and in the result his fine was reduced to Rs. 30. Hardwari did not appeal.2. Two points are taken in this applicati...
Tag this Judgment!Girdhari Lal and ors. Vs. Jang Singh and ors.
Court: Allahabad
Decided on: Mar-28-1940
Reported in: AIR1940All394
ORDERRachhpal Singh, J.1. This is a revision application arising out of proceedings under the Encumbered Estates Act. Girdhari Lal and other applicants made an application under Section 4, Encumbered Estates Act, which was sent to the Special Judge under the provisions of Section 6. The opposite party, Jang Singh and others, had a claim against the landlord debtors and they preferred their claim which was based on foot of a mortgage decree, dated 6th December 1929, in the Court of the Special Judge. It may be noted here that the application under the Encumbered Estates Act had been made on 11th April 1936. The main question for consideration in the present appeal is whether the lower Appellate Court was right in allowing interest to the creditors in defiance of the provisions of Section 14, Encumbered Estates Act. Both parties are agreed that the principal amount due from the landlord debtors to the creditors was a sum of Rs. 3240. Section 14, Encumbered Estates Act, among other things...
Tag this Judgment!Mahabir Rai and ors. Vs. Rajender Rai and ors.
Court: Allahabad
Decided on: Mar-26-1940
Reported in: AIR1940All368
Iqbal Ahmad, J.1. This is a vendees' appeal arising out of a pre-emption suit and the sole question that arises for consideration in the appeal is whether the plaintiffs had a preferential right of pre-emption as against the vendees. The zamindari share sold is in village and mahal Puraniyan. Both the plaintiffs and the vendees were cosharers in this village on the date of the sale sought to be pre-empted. The plaintiffs, however, claimed a preferential right of preemption on the allegation that the share sold was in a sub-division of the mahal in which the plaintiffs and the vendors were cosharers and the vendees were not. On this allegation the plaintiffs maintained that they came within class 2 of the pre-emptors prescribed by Section 12, Agra Pre-emption Act, (11 of 1922). Class 2 comprises, 'cosharers in the sub-division of the mahal in which the property is situated.' The vendees on the other hand alleged that Puraniyan was an undivided mahal and that there were no divisions or s...
Tag this Judgment!Tej Singh and ors. Vs. Chaudhari Hannu Prasad and ors.
Court: Allahabad
Decided on: Mar-26-1940
Reported in: AIR1940All433
Mohammad Ismail, J.1. This is an appeal by the plaintiffs from a decree and judgment of the learned Civil Judge of Mainpuri. The plaintiffs brought this suit for the recovery of the properties described at the foot of the plaint and mesne profits. The plaintiffs claimed to be the reversioners of Drig Singh who died in 1885 leaving two widows, Mt. Indar Kuar and Mt. Rukman Kuar. The widows took possession of the estate of the deceased as limited owners. Mt. Indar Kuar died in 1926 while Mt. Rukman Kuar died on 25th May 1931. On 2nd December 1890 the widows executed a mortgage by conditional sale for Rupees 5290 in favour of Hannu Prasad, defendant 1, and Kalyan Singh, father of defendants 2 to 4. By this deed besides the properties in suit 20 biswa share of village Kailashpur was mortgaged. The mortgagees brought a suit for foreclosure (No. 6 of 1903) on 23rd January 1903. In this suit village Kailashpur, for the reasons to be stated later, was not included. A preliminary decree was pas...
Tag this Judgment!Mumtaz Vs. Chhutwa and anr.
Court: Allahabad
Decided on: Mar-20-1940
Reported in: AIR1940All386
Bennet, J.1. This is a complaint of contempt of Court made by one Mumtaz against Chhutwa and Nasira. Mumtaz was the complainant in a case under Section 297, Penal Code, against the accused for having ploughed up the graves of his relations and the accused were convicted of that offence on 7th August 1939 and sentenced by a Magistrate to three months rigorous imprisonment and Rs. 50 fine. The accused were released on bail by order of the Sessions Judge on the same date. On 22nd December 1939 the Sessions Judge upheld the sentence of three months'' rigorous imprisonment but remitted the sentence of fine. Warrants were issued by the Sessions Judge presumably on that date but the accused were never arrested on those warrants. On 9th January 1940 an application was made by Mr. David in this Court for revision of the order of the Sessions Judge and that application states: 'It is therefore prayed that the applicants be released on bail pending the disposal of this application.' On 2nd Februa...
Tag this Judgment!Goswami Murari Lal and anr. Vs. Mt. Bibi and ors.
Court: Allahabad
Decided on: Mar-19-1940
Reported in: AIR1940All395
ORDERRachhpal Singh, J.1. This is a revision application by decree-holders arising out of a case in execution proceedings. The facts of the case can very briefly be stated as follows: Murari Lal and Ram Prasad obtained a decree against Akbar Husain and others. I am informed that Akbar Husain and others were cosharers in a certain village and that they have jointly sold their share and that under the terms of the sale deed it has been agreed that if the purchasers lost possession over the property the vendors would be liable in damages under the usual indemnity clause. The property or a portion thereof was lost and therefore Murari Lal and Ram Prasad instituted a suit and obtained a decree for damages against all the respondents. Now, it so happened that Akbar Husain, one of the judgment-debtors, made an application under Section 4, Encumbered Estates Act. He showed in his application the debt which was due to the two decree-holders. Somehow or other the other respondents were not made ...
Tag this Judgment!Durga Prasad and anr. Vs. Chunni and ors.
Court: Allahabad
Decided on: Mar-18-1940
Reported in: AIR1940All528
Iqbal Ahmad, J.1. This is a defendants' appeal arising out of a suit for redemption of a mortgage dated 24th July 1882. The mortgage was with respect to zamindari share, groves and an occupancy plot and was executed by three brothers named Khuman, Thakuri and Channi in favour of Mt. Shibbo, the predecessor-in-interest of the defendants-appellants. The family pedigree of the mortgagors is as follows: AMAR ___________________|__________________ | | | Khuman Thakuri Channi | | _________________|______Himanchal | | | | | | Mathuri Chaturi Murli | |________________________________ | | | __|___________________ Pati Lal Lilawati | | |Chunni, Kuber, Dwarka,(plff.) (plff.) (plff.)2. Channi, one of the mortgagors, died shortly after the execution of the mortgage leaving three sons shown in the above pedigree. Mathuri, one of the sons of Channi, had attained majority, but his other two sons were then minors. On 17th August 1887, Khuman, Thakuri and Mathuri sold their seven-ninth share in the equi...
Tag this Judgment!Mohammad Maqsud Ali Khan Vs. Roop Chand
Court: Allahabad
Decided on: Mar-14-1940
Reported in: AIR1940All387
1. This is a first appeal from an order of the Civil Judge of Saharanpur. The facts that have given rise to this appeal may be stated briefly: Khan Bahadur Naim Khan made a waqf 'alal aulad' of certain properties. Before the dedication of the property the founder had mortgaged it to the opposite party. A decree on foot of the mortgage was obtained by the creditor and execution proceedings with respect to the mortgage decree were started in the Court below. Khan Bahadur Naim Khan is dead. His son Khan Bahadur Maqsud Ali Khan the appellant is the present mutawalli of the endowed property and in the execution proceedings Maqsud Ali Khan represented the waqf estate as mutawalli. It appears that Khan Bahadur Maqsud Ali Khan owns some property in his personal capacity. He is also in debt. An application under Section 4, U.P. Encumbered Estates Act, was made by Maqsud Ali Khan to the Collector and the application was forwarded by the Collector to the Special Judge in pursuance of Section 6 of...
Tag this Judgment!Molai Misir Vs. Gopal Lal and anr.
Court: Allahabad
Decided on: Mar-13-1940
Reported in: AIR1940All485
Iqbal Ahmad, J.1. This is a defendant's appeal arising out of a suit for profits filed in the Revenue Court under Section 227, Agra Tenancy Act (3 of 1926). The claim was with respect to 1341 to 1343 fasli. The facts that give rise to the question of law that has been argued in the present appeal are not in dispute and are as follows: Molai Misir, defendant-appellant, was the sole owner of a patti called patti Molai Misir. An area of 17.63 acres of sir and an area of 3.46 acres of khudkasht land appertained to this patti. On 6th September 1917, Molai Misir usufructuarily mortgaged his half share in the patti including the sir and khudkasht land to the plaintiff-respondents. On the execution of this mortgage, Molai acquired exproprietary rights in half of the sir and the khudkasht land, but no proceedings under Section 36, Land Revenue Act (3 of 1901), were, taken with the result that the area in which exproprietary rights were acquired was not specified and no rent was fixed. Molai Mis...
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