Allahabad Court December 1944 Judgments
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Shiam Behari Lal Gour and ors. Vs. Madan Singh
Court: Allahabad
Decided on: Dec-08-1944
Reported in: AIR1945All293
Sinha, J.1. This is a defendants appeal and arises out of a suit for possession of a plot of land and for Rs. 30, on account of compensation. The plot is in the city of Bulandshahr. Mt. Nasiban was admittedly its original owner. On 4th March 1903, she executed a lease in' favour of one Mr. Kichak. Kichak agreed to pay an annual rent of Rs. 5-8-0. He built a kachcha house on this land and on 12th February 1913, he sold his rights to Pt. Sohan Lal Gaur. At the time of the sale, the house was in a dilapidated condition and what passed to Pt. Sohan Lal consisted only of its materials. Pt. Sohan Lal for some time continued to pay rent to Mt. Nasiban, till she died in 1919. Her death led to a regular scramble for her estate. On the one side was her brother, Karim Bux and, on the other, her nephew, Ismail, the son of a predeceased brother. Ismail came forward with a will by Nasiban in his favour, which Karim Bux repudiated. Ismail transferred his rights to Madan Singh, the plaintiff-responden...
Kashi Prasad Vs. Mt. Satwati and anr.
Court: Allahabad
Decided on: Dec-06-1944
Reported in: AIR1945All136
Allsop, J.1. This appeal arises out of an order passed in a suit instituted on the allegation that the appellant Kashi Prasad had committed a breach of a private trust of which he was one of the trustees. The trust is said to have been created by means of a will executed by Ram Das, who died in the year 1924. Under the terms of this trust certain annuities were to be paid to Mt. Ram Piari, the widow of Ram Das, and Mt. Chiraunja, the widow of some other member of Ram Das's joint family, and a sum of Rs. 600 was to be spent on a school and on the upkeep of a grove. After the death of Mt. Ram Piari and Mt. Chiraunja their income was to go to Mt. Satwati, the daughter of Ram Das. As we have said, Kashi Prasad was one of the trustees. It was laid down by Ram Das that Mt. Satwati and her husband should also be trustees after Mt. Satwati's marriage. Mt. Satwati was married to a man called Ram Gopal, and the husband and wife instituted the suit for the removal of Kashi Prasad from his positio...
Bohra Bhup Singh Vs. Sakha Ram and ors. and Bohra Ganga
Court: Allahabad
Decided on: Dec-06-1944
Reported in: AIR1945All158
Yorke, J.1. This is a plaintiff's appeal in a mortgage suit. On 3rd March 1928 defendant 1 Sakha Ram as 'karta' of the joint family-mortgaged the property in suit, namely, shares amounting to one half of 130 bighas 13 biswas in village Sonepur, 89 bighas odd in village Bisrampur and 95 bighas odd in village Gorau in favour of the plaintiff Bohra Bhup Singh for Rupees 2800, the consideration consisting partly of the prior debts, partly of a cash advance, and partly of the payment of a part of the debt due to one Piarey Lal. It was provided in the mortgage deed that the money would be repaid in five years and that meanwhile the loan would bear compound interest at annas 12 per cent, per mensem with six monthly rests. On 24th September 1929 the mortgagor executed two fresh mortgages in respect of some of these properties. He executed a simple mortgage in respect of the same and other property in village Gorau, the same property in village Bisrampur, the same property in village Sonepur al...
Ram NaraIn Vs. Jai Gopal
Court: Allahabad
Decided on: Dec-06-1944
Reported in: AIR1945All219
Sinha, J.1. This is a plaintiff's appeal. The suit was one for profits under Section 226, Agra Tenancy Act of 1926, against the lambardar for the years 1341 to 1343 fasli. The plaintiff did not claim any specific amount. There were various defences raised, but the one with which we are concerned in this appeal, is that the defendant was not responsible for part of the collections, which had been made by other cosharers. Both the Courts below gave effect to this plea and decreed the claim for Rs. 257-11-0. The plaintiff has come in second appeal to this Court and his main contention is that the defendant, as a lambardar was liable for the collections made by the other cosharers in excess of their legal rights. This appeal came up originally before a learned single Judge, who has referred it to a bench of two judges. The learned Counsel for the appellant has taken his stand on the duties of a lambardar, as understood under the Land Revenue Act. Two of those duties are:(a) to collect the ...
Pt. Lalmani Pande Vs. Lala Gopal Sah and anr.
Court: Allahabad
Decided on: Dec-05-1944
Reported in: AIR1945All221
Sinha, J. 1. This is a defendant's appeal and arises out of a suit for recovery of Rs. 1800 on a promissory note of 19th November 1934. This promissory note was executed by two men Keshav Dutt and Gopal Dutt for Rs. 1358. Keshav Dutt and Lalmani are the sons of a man named Moti Ram. Lalmani is the appellant before us. This promissory note was in lieu of two earlier promissory notes, one of 18th November 1931 for Rs. 400 and the other' of 30th November 1931 by Keshav Dutt alone. The first two promissory notes were executed in favour of Lachhi Ram, the uncle of the plaintiffs, whereas the one in suit was executed in favour of his nephews who are the plaintiffs in this action.2. The suit was instituted against Keshav Dutt, Lalmani and Gopal Dutt. The defence of Gopal Dutt was that he was merely a surety. But this will not affect the fate of the case, inasmuch as even if he is not the executant but a surety, the liability of the two is under the law, co-extensive. The defence of Lalmani wi...
Mrs. G.H. Orde Vs. A. Skinner and ors.
Court: Allahabad
Decided on: Dec-05-1944
Reported in: AIR1945All331
Allsop, J.1. The appellant, Mrs. G. H. Orde, made an application under the Encumbered Estates Act. She apparently relied on the provisions of Section 49 of the Act because she made the application in her capacity as the executrix of her deceased husband's will. She gave lists of her deceased husband's property and of the debts which were due from him. In the course of the enquiry, it was proved that she owed personal debts-in particular a debt of Rs. 4000 to one Murari Lal and consequently on the application of one of the creditors the learned Special Judge gave her the option of withdrawing her application or paying the debt. This order was passed on 24th April 1939. Then on 6th July, she made an application that she had no personal debt, but the learned Judge was able to point out that she did owe a sum of as. 4000 and it is now not contested that she had a personal liability for the payment of this money. On the same date she made another application that she might be allowed to put...
Suraj Prasad Vs. Mt. Makhna Devi and anr.
Court: Allahabad
Decided on: Dec-04-1944
Reported in: AIR1946All127
Allsop, J.1. This appeal arises out of a suit in which the appellant, Suraj Prasad, was the plaintiff and the respondents, Mt. Makhna Devi and Mt. Shyama, were the defendants. The plaintiff sought to recover a sum of Rs. 27,210-13-3 with the pendente lite and future interest from Mt. Makhna Devi. This sum of money according to him consisted of certain sums advanced from time to time to Mt. Makhna Devi with interest at the rate of 12 per cent, per annum up to 3rd November 1934. The learned Judge of the lower Court gave the plaintiff a decree for Rs. 10,106-3-2 with pendente lite and future interest at 3i per cent, per annum against Mt. Makhna Devi and against the estate of her deceased husband, Deo Narain. Suraj Prasad claims the balance in this appeal. Mt. Makhna Devi has not appealed upon the ground that no money was due from her but she has put in a cross-objection upon the ground that she was entitled to certain benefits under the provisions of the Agri. culturists' Relief Act.2. In...
Pearey Lal Vs. Hub Lal
Court: Allahabad
Decided on: Dec-04-1944
Reported in: AIR1945All139
Wali Ullah, J.1. This is a plaintiff's appeal and arises out of a suit for possession and damages. The plaintiff's case briefly is this: There was a usufructuary mortgage granted in favour of defendant 1 Hub Lal. On 9th September 1932 he sold his rights to Chunni Lal, the plaintiff's brother. Chunni Lal applied for mutation but his application was dismissed on the objection of defendant 1. Chunni Lal died and the plaintiff as the surviving brother and a member of the joint Hindu family has brought this suit for possession and mesne profits. The details of the sale consideration are as below: Rs. 200 paid before the Sub-Registrar. Rs. 200 left with Chunni Lal to be paid to Bhiki Lal on account of a promissory note dated 15th January 1932 for Rs. 175. The plaintiff brought this suit on the definite allegation that he had made payment to Bhiki Lal on 28th September 1932. This Bhiki Lal, it must be borne in mind, was the plaintiff's wife's brother.2. The learned Munsif did not accept the p...
Jawahar Lal Vs. Sri Thakur Radha Gopaljee Maharaj
Court: Allahabad
Decided on: Dec-04-1944
Reported in: AIR1945All169
Sinha, J.1. This is a defendant's appeal and arises out of a suit for recovery of Rs. 900, Rs. 720 principal and Rs. 180 interest. One Janki Prasad had four sons, Radha Ballabh, Kanahaiya Lal, Keshab Deo and Jagan Prasad, and a daughter Mt. Bibi Sukkho. Radha Ballabh's son is the appellant before us. The plaintiff, Sri Thakur Radha Gopalji Maharaj, brought the above suit through the manager, Madan Lal. The story with which the plaintiff came to Court was briefly this: Janki Prasad had, on 18th March 1893, executed a will whereby he dedicated permanently a sum of Rs. 12 per month for the expenses of an idol. He had himself purchased the property yielding the above amount. He died and so did his son Radha Ballabh soon after. The story further goes on to say that Radha Ballabh, before his death, directed his son, Jawahar Lal, to continue making payments in accordance with the terms of the will. This Jawahar Lal did for sometime, but later on he stopped the payments. The suit was brought o...
Joti Bhushan Gupta Vs. B.N. Sarkar Through S.N. Mittra, Manager
Court: Allahabad
Decided on: Dec-04-1944
Reported in: AIR1945All311
Mulla, J.1. These are two second appeals which arise out of two separate suits brought by Joti Bhushan Gupta, the appellant in both appeals, to recover his share of the rent of a theatre hall known as the Lakshmi Theatre Hall or the 'Chitra' situated at Benares. The first suit, (No. 178 of 1937), which has given rise to Appeal No. 1536 of 1939, was filed on 7th May 1937, and it related to the period between 1st September 1936 to 30th April 1937. The second suit (NO. 485 of 1937) which has given rise to Appeal No. 1515 of 1939, related to the period between 1st May 1937, and 31st October 1937. B. N. Sarkar, the respondent in both appeals, was the principal defendant common to both suits. In the second suit, however, one S. N. Mittra was also impleaded as a defendant. For the purposes of these appeals, however, we are not concerned with him any longer. The two suits raised the same questions of fact and law for consideration and they were accordingly consolidated with the consent of part...
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