Allahabad Court December 1944 Judgments
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L. Charan Das Vs. L. Gur Saran Das Kapur
Court: Allahabad
Decided on: Dec-01-1944
Reported in: AIR1945All146
Sinha, J.1. One Gur Saran Das brought two suits against Charan Company, through Charan Das, in the Court of the Munsif of Cawnpore. The first suit was No. 249 of 1942 for recovery of Rs. 2100 and the second suit, No. 365 of 1942, was for recovery of Rs. 1641-8-0. In the first suit the plaintiff's case was that the defendant entered into contracts of sale or purchase of sugar crystals with the plaintiff. The plaintiff claimed the difference of price or damages. In this suit the plaintiff said that he and the defendant were both acting as principals. In the second suit No. 36S the case was that the plaintiff worked as an agent of the defendant at Bombay. In both these suits the defendant made an application praying for the stay of the suit on the ground that the parties were bound by an arbitration clause in the agreements entered into by them. The matter in controversy in Suit No. 249 should, according to the defendant, have been referred to the Sugar Merchants Association, Cawnpore, an...
Pt. Sada Nand and ors. Vs. Sher Singh and anr.
Court: Allahabad
Decided on: Dec-01-1944
Reported in: AIR1945All153
Waliullah, J.1. This is a defendants' appeal arising out of a suit for cancellation of a deed of gift dated 2nd October 1935 executed by one Ranjit Singh in favour of defendants 1 to 6. The plots in suit were Nos. 575 and 576 (area 3 nalis). The plaintiffs' case was that the plots in question were situate in a joint khata owned by Ranjit Singh and other cosharers and that Ranjit Singh alone was not competent to transfer them by way of gift to defendants l to 6. The defence to the suit was that even prior to the Pauw's settlement of 1892 A. D. there had been a private partition among the cosharers and the plots in suit had come into the exclusive possession of Ranjit Singh's father, and after his death Ranjit Singh had been in exclusive possession of the same and that the plots in suit had been recorded separately in the name of Ranjit Singh's father and after his death in the name of Ranjit Singh and the revenue in respect of the same had been paid separately by them. There was a furth...
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