Allahabad Court May 1940 Judgments
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S. Saadat HusaIn Vs. Ram Kishan Das
Court: Allahabad
Decided on: May-09-1940
Reported in: AIR1940All373
ORDERIqbal Ahmad, Bajpai and Ismail, JJ.1. This appeal arises out of a suit for a declaration thatthe muafi properties in villages Pipla Jagir and Bijai Nagla,...are non-transferable under the Pensions Act (No. 23 of 1871) and are not attachable and saleable in execution of the decree in suit No. 706 of 1932 passed by the Court of the Munsif of Bijnor, which was not a competent Court, (for enforcement of the hypothecation lien.)2. On the hearing of this appeal by the Division Bench, it appeared that certain questions of law of great importance were involved in the case and that the judicial decisions on those questions were not re-concilable. The Division Bench accordingly referred the case to a Full Bench and his Lordship the Chief Justice was pleased to constitute the present Full Bench of three Judges. The questions that have been partly argued before this Bench are firstly, whether in view of the provisions of Sections 4 to 6, Pensions Act there is an inherent want of jurisdiction ...
Kallu Singh Vs. Mt. Mir Kunwar
Court: Allahabad
Decided on: May-08-1940
Reported in: AIR1941All369
Iqbal Ahmad, J.1. This purports to be 'reference' by the Chief Inspector of Stamps under Section 6B(1), Court-fees Act, 1870, as amended up to date in its application to the United Provinces by the United Provinces Court-fees (Amendment) Act, 1938. Mr. K.S. Verma, the Stamp Reporter of this Court, has submitted a report to the effect that the present proceedings 'being in sub-stance and form a reference by the Chief Inspector of Stamps and not an application in revision is incompetent.' We have perused the report of Mr. Verma and we are in entire agreement with that report. Indeed Mr. Verma has written an able and comprehensive report and every one of the points raised by him in his report is unanswerable and the junior standing counsel has not been able to meet it. The facts that led to the present 'reference' are as follows : One Kallu Singh filed a suit (NO. 4 of 1939) in the Court of the Second Civil Judge of Meerut praying for the following reliefs:(1) It may be declared that the ...
Bhoop Singh Vs. Sri Ram and anr.
Court: Allahabad
Decided on: May-08-1940
Reported in: AIR1940All427
Ganga Nath, J.1. This is a defendant's appeal arising out of a suit brought against him and Ram Charan Singh, defendant-respondent, defendant 2, by Sri Ram, respondent 1, to recover Rs. 200 for the price of the trees alleged to have been cut away by the defendants and for an injunction to restrain them from cutting away any more trees from plots Nos. 59, 60 and 62 of khewat No. 1. The plaintiff's case was that the trees were planted in these plots by the defendants' father Kalyan Singh, who was the sole proprietor of khewat No. 1, in which the plots are, that half of the share of the defendants in the zamindari, including the trees, was sold in an auction sale and purchased by the plaintiff in 1930 and that in May, June and July 1935, the defendants cut away some of the trees. The defendants contended that the trees did not pass to the plaintiff with the sale of the zamindari and that they still belonged to them. Both the Courts have concurrently found that the trees passed with the za...
Ram DIn Singh Vs. Sarju Prasad and ors.
Court: Allahabad
Decided on: May-07-1940
Reported in: AIR1940All431
Iqbal Ahmad, J.1. This is a defendant's appeal arising out of a suit for possession over certain haqiats and tenancy plots specified at the foot of the plaint and for Rs. 200 on account of damages. The facts that culminated in the suit giving rise to the present appeal are undisputed and are as follows: The plaintiff-respondents held a simple money decree against one Har Narain Singh. Ram Din Singh, defendant-appellant, also had obtained a simple money decree against Har Narain Singh. Har Narain Singh was mortgagee under certain usufructuary mortgage deeds and the haqiats and the tenancy plots in dispute in the present litigation were mortgaged with possession to Har Narain Singh. Both the plaintiff-respondents and the defendant-appellant took out; execution of their respective decrees and, apart from other zamindari properties, attached the mortgagee rights of Har Narain Singh under the five usufructuary mortgage deeds. The zamindari properties attached by the plaintiffs and the defen...
Jagarnath Prasad and ors. Vs. Chunni Lal and anr.
Court: Allahabad
Decided on: May-06-1940
Reported in: AIR1940All416
Mohammad Ismail, J.1. This is an appeal by some of the defendants in a suit brought by the plaintiffs for the recovery of Rs. 34,861-10-6 by sale of the properties described at the foot of the plaint. Harbans Singh, a resident of mauza Dola in the District of Meerut, was at one time in possession of considerable immovable properties. Harbans Singh had three sons, Fateh Singh, Udai Prakash and Om Prakash. Gandharap Singh is the son of Om Prakash and is described in the plaint as aged five years. It is admitted that Fateh Singh was a major at all material periods. There is dispute about the exact age of the remaining two sons. According to the plaintiffs Udai Prakash was born in 1896 and Om Prakash some four years later. The defendants contend that Udai Prakash was born in October 1901 while Om Prakash in 1904. On 19th February 1920 Fateh Singh on his own behalf and on behalf of his minor brother Om Prakash, and Udai Prakash executed a hypothecation bond in favour of L. Chunni Lal, plain...
Mulla Haider HusaIn Vs. Mohammad Subhan Khan and ors.
Court: Allahabad
Decided on: May-03-1940
Reported in: AIR1940All428
Collister, J.1. These two appeals arise out of one and the same judgment. I will first take up S.A. No. 624 of 1938. The suit was for possession of 5 annas, 8 pies odd of zamindari property. The defence inter alia was that the suit was barred by limitation. Azim Ullah Khan was the original owner of a 7 annas share including the shares which are now in dispute. He died in 1892 and on his death mutation was effected in the name of his son, Bahadur Ali. Azim Ullah Khan also left four daughters. These were: (1) Mt. Anjam, plaintiff 3, (2) Mt. Mabi, deceased, whose daughter is Mt. Rahiman, plaintiff 5, (3) Mt. Illahi Bibi, deceased, whose son and daughter are Subhan Khan and Mt. Ghafuran, plaintiffs 1 and 2 respectively, (4) Mt. Shahzadi, deceased, whose grandson is Nawab Khan, plaintiff 4. The father of this plaintiff is dead. Although Bahadur Ali had four sisters, his name alone was mutated against the property. Bahadur Ali died in 1919, leaving a widow, three sons and two daughters. The ...
Rahmat Ullah Vs. Mohammad HusaIn and ors.
Court: Allahabad
Decided on: May-01-1940
Reported in: AIR1940All444
Iqbal Ahmad, J.1. The subject of dispute in the suit out of which the present appeal arises was a house in the city of Benares. The house was admittedly let on rent by Shafiullah, one of the plaintiff-respondents to Rahmatullah, defendant-appellant, by means of a written lease dated 10th December 1930. The lease was for a fixed period of three years, and the rent reserved by the lease was payable in accordance with Hindu calendar months. During the continuance of the lease, viz., on 24th November 1933, Shafiullah executed a deed of waqf with respect to the house and appointed Muhammad Husain and four others as mutwallis of the waqf. The mutwallis were co-plaintiffs with Shafiullah and they are also respondents to the present appeal. On the very date on which the deed of waqf was executed Rahmatullah defendant got a lease with respect to certain portions of the house from certain persons who are not parties to the present litigation and subsequently on 6th November 1935 Rahmatullah purc...
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