Allahabad Court March 1941 Judgments
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Bhola Nath and anr. Vs. Pahalwan Singh and ors.
Court: Allahabad
Decided on: Mar-10-1941
Reported in: AIR1941All289
Dar, J.1. Plaintiff 1, Bhola Nath and his son Babu Earn, plaintiff 2, are the owners of a house in village Keli in Budaun District. Adjoining this house and to its north is a cattle shed or an enclosure for tying cattle owned by defendant 1 Pahalwan Singh and his two sons Gajju Singh and Arman Singh, defendants 2 and 3. For a long time past the water of plaintiffs' house had flown through a drain which passed through defendant's an closure on to public way. In the beginning of 1937 defendants closed this drain on their side of enclosure having put up a cattle trough over it and they stopped the flow of water from the plaintiffs' side of the house. As a result the plaintiffs brought a suit in the Court of the Munsif of Budaun against the defendants for opening up of the closed drain and for an injunction restraining the defendants from causing any obstruction to the flow of water from the plaintiffs' bouse and for Rs. 10 as damages caused to plaintiffs' wall by logging of water. The pla...
Chaudhri Mohammad Sulaiman Khan Vs. Mt. Amir Jan
Court: Allahabad
Decided on: Mar-06-1941
Reported in: AIR1941All281
Dar, J.1. This is a plaintiff's appeal arising out of a suit for partition of a dwelling house in quasba Marehra, district Etah. There are two cosharers in the house and their shares are admitted. The only question in the case is whether the plaintiff is entitled to the partition of the house or whether the house should be valued and be sold to the defendant under Section 4, Partition Act. In case the house is to be sold there is no dispute as to the value of the share. It has been assessed at Rs. 500 and the finding has not been challenged. The trial Court has found in favour of the plaintiff that he was entitled to the partition. The defendant took up the matter in appeal and the appellate Court has found in favour of the defence, namely that the house is to be valued and its value should be paid to the defendant but the house should not be partitioned. The plaintiff has now made a second appeal to this Court and he has raised two points before me. Firstly he contends that on the fac...
Chhallu Vs. Emperor
Court: Allahabad
Decided on: Mar-03-1941
Reported in: AIR1941All288
Ganga Nath, J.1. This is an appeal by Chhallu against his conviction and sentence under Section 304A, I P.C.. He has been sentenced to six months rigorous imprisonment. A fight took place between the appellant and Raja Earn on one side and Shankar and Kala on the other. Girwar deceased came and intervened. The prosecution evidence shows that the appellant had a spear in his hand with which Girwar was stabbed, and he died after some time. It has been found by the learned Sessions Judge-and I think rightly -that the appellant did not intend to strike Girwar and it was by accident that he was struck while he was intervening in separating the persons who were fighting with one another. The learned Sessions Judge has convicted the appellant under Section 304A, I.P.C. Section 304A must be read along with Sections 336, 337 and 338, I.P.C. All the sections are confined in their operation to acts done without any criminal intent, apart from the rashness or negligence which is their essential in...
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