Court : Allahabad
Reported in : AIR1941All1
Bajpai, J.1. This is an appeal by the defendant Dharam Narain. The plaintiff Suraj Narain brought a suit for 'possession of the entire wakf property, moveable and immovable, and all the funds of the wakf created under a document dated 14th May 1900 executed by Mt. Bibi Sabitri and of the office of mutwalli and amin of the aforesaid wakf by dispossession of the defendant.' It was also prayed that the defendant may be ordered to render all accounts of the funds and income of the property appertaining to the wakf from 1926 upto the institution of the suit and that a decree for the amount found payable by the defendant for the period of his possession with reasonable interest may be passed in favour of the plaintiff against the person and property of the defendant. The Court below decreed the plaintiff's suit 'for possession over the office of trustee and over the property, moveable and immovable, belonging to the trust.' A preliminary decree for account was also passed in favour of the pl...
Tag this Judgment!Court : Allahabad
Reported in : AIR1941All27
Collister, J.1. This is an application under Section 23(3), Civil P.C. The applicants are coal merchants and contractors at Jharia in the province of Behar. The opposite party manufactures and sells bricks at Benares. The applicants pray that Suit No. 346 of 1939, which has been instituted against them by the opposite party in the Munsif's Court at Benares be transferred to the Court of the Subordinate Judge of Dhanbad, where Suit No. 166 of 1939, instituted by the applicants against the opposite party is pending. It is said that the two suits arise out of a contract for the supply of coal dust. It is unnecessary for the purpose of our decision to set out the grounds upon which the transfer is sought. It is admitted that in Suit No. 346 of 1939, pending in the Munsif's Court at Benares, the applicants have raised a plea denying the jurisdiction of that Court. Section 23 postulates that the several Courts concerned shall both have jurisdiction, and it is therefore obvious that in view o...
Tag this Judgment!Court : Allahabad
Reported in : AIR1940All490
Allsop, J.1. We have before us an application by Seth Mithan Lal against the official liquidators of the Agra Spinning and Weaving Mills Ltd. (in liquidation). His prayer is that the official liquidators should be directed to refund him a sum of Rupees 34,618-10-11 out of a sum of Rs. 72,431-8.6 deposited by him in the Imperial Bank of India Ltd. at Agra. For some time before the year 1928 it appears that the company had not been able to carry on its business owing to lack of the necessary funds and therefore on 26th November 1928 the company through one of its directors, Kunwar Ganesh Singh, whose authority is no longer disputed, entered into an agreement with the applicant, Seth Mithan Lal. In general terms the agreement was that Seth Mithan Lal should supply a certain amount of cotton to the mills in order that they might spin it, that he was to pay spinning charges at a certain rate and that he would advance money to the company to pay for their staff and for the purchase of machin...
Tag this Judgment!Court : Allahabad
Reported in : AIR1941All31
Braund, J.1. This suit is a mortgage suit brought upon a mortgage dated 11th January 1930. The mortgage was made by one Bechu Ram, in favour of the plaintiff-respondent, who is the mortgagee. Bechu Ram was himself the first defendant to this suit, but he at no point defended it and suffered a mortgage decree to be passed against him by default. Ha died during the pendency of this appeal to which he was not a party but the defendant-respondent, Hari Kishan, is in fact his heir.2. The question involved in this appeal is, subject to a preliminary point, the old, but troublesome one relating to the power of the manager of a joint Hindu family to dispose of the assets, so as to bind the interests of the members of the family. It is sufficient for the purposes of this appeal for me to say that the remaining defendant-respondents are all members of the family, who dispute their liability, or rather the liability of their shares in the mortgaged property, upon the mortgage. They put forward a ...
Tag this Judgment!Court : Allahabad
Reported in : AIR1940All519
ORDERMulla, J.1. This is an application in revision under Section 115, Civil P.C. It arises out of a proceeding under the Encumbered Estates Act. The applicant here was one of the creditors in the proceeding which was instituted at the instance of the opposite party, Ganesh Singh. A decree for a certain amount was passed in favour of the appellant who was in possession of certain properties under a mortgage. The mortgage deed provided for interest at a certain rate but in passing the decree in favour of the applicant under Section 14, Encumbered Estates Act, the Special Judge did not award him any pendente lite or future interest. The decree was passed on 28th November 1938. Subsequently on 16th May 1939, the applicant was dispossessed by the Collector purporting to act under Section 35, Encumbered Estates Act. The applicant who had not been granted any interest in the decree and who has now been dispossessed of the property made an application for review of the decree under Section 14...
Tag this Judgment!Court : Allahabad
Reported in : AIR1940All514
ORDERAllsop, J.1. I have before me five matters arising out of the winding up of the Gorakhpur Electric Supply Co. Ltd., (in liquidation). There are four applications by the official liquidators that order should be issued to Messrs. Siemens (India) Ltd,, Messrs. Nariman & Co., Syed Jawad Ali Shah and Ram Kishen Das Khanna to refund sums of money paid to them by the managing agents of the company after the petition for winding up had been filed. Then there is an application by Ram Kishen Das Khanna that the order of the official liquidators disallowing his claim for salary should be set aside and the official liquidators should be directed to pay him the amount due. The four applications by the liquidators raise substantially the same questions of law and principle and I think it will be convenient if I dispose of them in one order. As the application of Ram Kishen Das Khanna is connected with the application of the liquidators against him, I will deal with that matter also at the same...
Tag this Judgment!Court : Allahabad
Reported in : AIR1941All338
Verma, J.1. The material facts are these. A deed of simple mortgage was executed by one Mohammad Hasan in favour of one Nasir Ullah Khan. He purported to execute it on behalf of his sister, Mt. Ummul Farwah, as her general attorney. A sum of Rs. 900 was borrowed and property belonging to Mt. Ummul Farwah was hypothecated. The heirs of the mortgagee, Nasir Ullah Khan, subsequently sold their mortgagee rights to the respondents of this appeal. The latter instituted Suit No. 55 of 1934 for the enforcement of the mortgage by sale of the property hypothecated and impleaded Mt. Ummul Farwah as well as Mohammad Hasan as defendants to the suit, besides the heirs of Nasir Ullah Khan who had sold the mortgagee rights to the plaintiffs and who were impleaded as pro forma defendants. Mt. Ummul Farwah appeared and contested the suit, but Mohammad Hasan did not appear and the suit was ordered to proceed ex parte against him. The lady defendant pleaded that Mohammad Hasan had no authority to transfer...
Tag this Judgment!Court : Allahabad
Reported in : AIR1940All480
Mohammad Ismail, J.1. This is an appeal by Nathu who has been convicted under Section 302, I.P.C. and sentenced to transportation for life. A learned Judge of this Court has issued a notice to the appellant calling upon him to show cause why the sentence should not be enhanced. The prosecution case is that the appellant Nathu and his father originally resided in village Sonehta in the sub-division of Orai. Many years ago, Nathu's father shifted to Hamirpur district and settled down in village Atrauli. Nathu lost his parents about 11 years ago. After the death of his parents Nathu and his sister went back to village Sonehta and began to live with Bhagirath, deceased. Bhagirath is a relation of the appellant Nathu. It is stated that Bhagirath treated the children badly and did not look after them, with the result that they ran away after staying with Bhagirath for a few months. Nathu is now about 19 or 20 years of age. On reaching the age of discretion, he demanded some ornaments belongi...
Tag this Judgment!Court : Allahabad
Reported in : AIR1940All535
Ganga Nath, J.1. This is a plaintiff's a appeal arising out of a suit brought by him and the plaintiffs-respondents against the defendants-respondents to recover possession of two rooms, shown in red colour and marked as A, B, C, D, in the plan attached to the plaint. These rooms are situated in village Pabsara. The plaintiffs' case was that Kallu was allowed to occupy these rooms as a licensee about 50 years ago. On his death, his brother Tej Singh, defendant lt also lived in these rooms as a licensee. In 1924 Tej Singh sold these rooms to Nait Ram, defendant 2. The sale was invalid and the plaintiffs, who are the zamindars of the site of these rooms, were entitled to possession of these rooms. The defendant inter alia contended that there was no licence, that there was a custom prevailing in the village under which the ryots were entitled to sell their houses and that the sale made by defendant 1 to defendant 2 was valid. The trial Court found that the licence set up by the plaintiff...
Tag this Judgment!Court : Allahabad
Reported in : AIR1940All497
Collister, J.1. Upon an application by one Hrishikesh Sanyal notice was issued to A.P. Bagchi, a practising lawyer of Allahabad, to show cause why he should not be committed for contempt of Court. The notice has been duly served, and we have beard counsel for both parties. It is necessary to state a few preliminary facts. The parties are related to each other by marriage. The opposite party's younger brother-who died in 1928-had married the applicant's sister, and there are five children of that union, all minors. The mother-who had been appointed guardian of the minors after the death of her husband, died on 24th December 1939. The applicant lives at Benares and the opposite party at Allahabad. On 2nd January 1940, the opposite party applied to the District Judge of Allahabad praying for his appointment as guardian of the minors. He also prayed that he be appointed ad interim guardian and that an inventory of the property in the hands of the applicant be taken. Notice was issued and v...
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