Allahabad Court May 1943 Judgments
Emperor Vs. Charan Das
Court: Allahabad
Decided on: May-11-1943
Reported in: AIR1943All329
ORDERMohammad Ismail, J.1. This case has been referred to me under Section 8 (b) of the Ordinance by the special Judge of Saharanpur. The accused Charan Das was charged with an offence under Rule 90 (2) (d), Defence of India Rules, and was sentenced to 18 months' rigorous imprisonment and a fine of Rs. 100 by the special Magistrate. The charge against the accused was that on 10th January 1943 he acquired change worth Rs. 99-1-6 which was in excess of his business requirements. On 18th February 1943 the accused was examined by the Magistrate. It would be convenient to reproduce his statement:Question--Was on 10th January 1943 change worth Rs. 99-1-6 recovered from your house which was in excess of your requirements 1Answer.--Yes. It was kept for my sister's marriage and to be spent at the time of the birth of child. I had ... (The rest is illegible).Question. -- Have you anything else to say?Answer. -- My wife gave birth to male child on 21st January and marriage of my Bister took place...
Tag this Judgment!Jhunni Lal and ors. Vs. Ghasi and ors.
Court: Allahabad
Decided on: May-03-1943
Reported in: AIR1943All302
Plowden, J.1. This is a plaintiffs' appeal from the judgment of the Additional Civil Judge, Bulandshahr, dated 29th March 1941. The plaintiffs brought a suit for possession of plot No. 907/1 by removal of the defendants' hut, fodder stack, cowdung stack, cattle troughs and for filling up and levelling a pit dug by the defendants. The suit was decreed by the Munsif. On appeal the suit was dismissed. In plot No. 907/2 is noted abadi and in plot No. 907/1 we are dealing with the difficult question how far rights can be obtained by tenants against zamindars through adverse possession. The law on this subject is still very obscure but it seems to me impossible for tenants to obtain rights by adverse possession in the village abadi under any circumstances. In my opinion, it is an empty gesture for tenants to attempt to obtain a right of ownership by some overt act because this act is directed against the State of which the zamindar is a landholder entered in the revenue papers.2. In the pres...
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