Allahabad Court April 1944 Judgments
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Firm Banwari Lal Ram Bharosey Vs. Firm Mansay Lakhansay and Co. Throug ...
Court: Allahabad
Decided on: Apr-11-1944
Reported in: AIR1945All22
Allsop, J.1. The defendant-appellant brought a suit against Lachmi Narain, Ram Kishan and Om Prakash, who was a minor, for the recovery of some money. A decree on the basis of a compromise was passed in his favour on 5th September 1934. The judgment-debtors were to pay a sum of Rs. 10,000 in certain instalments and agreed not to transfer a house in Kalpi until the money was paid. They agreed also to file a formal registered security bond within a period of twenty-five days by which this house was to be pledged as security for the payment of the amount due. They filed a security bond duly registered on 13th September 1934. One of the terms of the decree was that the whole sum due should be realized if there was a failure to pay any instalment. There was such a failure and in August 1935 the defendant-appellant put his decree into execution and attached the house.2. In the meanwhile the plaintiff-respondent, Mansay Lakhansay, who had obtained a decree against Lachmi Narain, and his broth...
Mt. Chauli Alias Subhadra Devi Vs. Mt. Meghoo and ors.
Court: Allahabad
Decided on: Apr-11-1944
Reported in: AIR1945All268
Allsop, J.1. The question which has been referred to this Full Bench arises in an appeal instituted by Mt. Chauli alias Subhadra Devi. She instituted the suit, which gave rise to the appeal, in order to obtain possession over an enclosure or gher, the whole of the village of Somli and a share of five biswas in the village of Nanadur. These properties originally belonged to Amolak Ram who left him surviving on his death three daughters, Mt. Parmeshri who died in 1905, Mt. Lachhmi who died in 1910 and Mt. Barfi who died' in 1922. Mt. Chauli is the daughter of Mt. Lachhmi. This was a joint family of Jains and it is admitted that the daughter's daughter would have preference in respect of self-acquired property over a daughter's son but that a daughter's son would succeed to the ancestral property in preference to a daughter's daughter. It thus became necessary to decide which of the properties in suit were self-acquired and which were ancestral. The trial Court held that Somli village was...
United Provinces Through Collector of Muttra Vs. Lala Sri Nath Das
Court: Allahabad
Decided on: Apr-11-1944
Reported in: AIR1944All216
Allsop, J.1. This appeal arises out of an; order passed under land acquisition proceedings. The Municipal Board of Agra wished to acquire a shop for the purpose of widening a road. It was a very small shop with an area of 38 square feet. The Land Acquisition Officer estimated the compensation at Rs. 402-8-0 including the legal percentage for compulsory acquisition. On a reference to the learned District Judge,1 he increased the amount to Rs. 800 which was the sum originally claimed by the owner of the shop. This claim was based on a deed of sale said to have been executed in favour of the owner by his predecessor in the year 1934. The notable fact is that this sale took place about twenty days after the municipal board had offered to buy the house by private treaty for Rs. 150. There seems to be no doubt that the owner of the shop was well aware that there would be compulsory acquisition on behalf of the municipal board and that he consequently entered into this sale with a false consi...
Hamid HusaIn Khan Vs. J.R.K. Wallace
Court: Allahabad
Decided on: Apr-10-1944
Reported in: AIR1944All200
Malik, J.1. This is a defendant's appeal. On 21st March 1938, the defendant had executed a lease of certain agricultural property in favour of the plaintiff on payment of Rs. 266 per year as rent. It was also provided in the lease that the lessee was liable to pay land revenue which was Rs. 122 per annum. Soon after the lease, however, disputes arose between the parties and the lessor first came into the Court on a claim that the rent reserved-had not been paid. After the decision of that case, the lessee started the present proceedings on 12th July 1940. His allegations were that he was entitled to certain compensation or damages which amounted to about Rs. 746. The details of the claim were that the defendant lessor was to have his share on private partition with Khadim Singh of a certain plot recorded in the village papers, so that the lessee may be able to take possession of the portion which had come to the lessor's share and for failure to give him possession under this head the ...
Ganga Sahai Vs. Tejpal Singh and ors.
Court: Allahabad
Decided on: Apr-06-1944
Reported in: AIR1944All232
Allsop, J.1. Choudhri Tikam Singh, the father of the plaintiff-respondents executed a deed of usufructuary mortgage on 10th July 1928 in favour of the appellant, Ganga Sahai in order to secure the payment of a sum of Rs. 6337 due upon a decree. He made an application under the Encumbered Estates Act on 29th August 1935 and, therein made the necessary statement that he had disrupted the joint family of which he and the respondents were members. The special Judge in accordance with the provisions of the Encumbered Estates Act apportioned the debts and property of the family between the applicant andh is sons. He found that the liability of Chaudhri Tikam Singh under the mortgage was to pay a sum of Rs. 1267-6-5 and the liability of the sons was to pay a sum of Rs. 5069-9-7, that is, he held that Chaudhri Tikam Singh was liable for 1/5th of the debt and the sons for 4/5ths of it. Then the respondents, on 24th May 1941, made an application under Section 12, Agriculturists' Relief Act, for ...
Hira Lal Vs. Ratan Lal
Court: Allahabad
Decided on: Apr-06-1944
Reported in: AIR1944All293
ORDERVerma, J.1. This application for revision must be allowed. The applicants were the defendants in a suit which was brought by the opposite party in the Munsif's Court in respect of a plot No. 218 jim in the abadi of a village called Ramnagar Khandauli on the allegations that the plaintiff was the owner of a half share in mahal Shib Lal, that the whole of the plot No. 218, or a portion of it - it has not been made clear to me what precisely was the plaintiff's case on this point - appertained to that mahal, that he had been in possession of the whole plot for over 25 years and that the defendants had interfered with his possession by cutting certain trees and in various other ways. The plaintiff prayed for a perpetual injunction, for the recovery of Rs. 70 on account of the price of the trees, and for other reliefs. Among other pleas, the defendants alleged that the plaintiff was not the owner of the plot in question and had not been in possession of it. Several issues were framed f...
Pyare Lal Vs. Ram Sarup
Court: Allahabad
Decided on: Apr-05-1944
Reported in: AIR1944All221
Ismail, J.1. This is a plaintiff's appeal arising out of a suit brought for the recovery of Rupees 3321-4-0 on account of compensation for use and occupation of certain zamindari property for a period of three years with future interest. The facts that have given rise to this appeal have not been disputed. It appears that the defendant-respondent Ram Sarup executed a usufructuary mortgage in favour of the plaintiff-appellant on 2nd June 1927 for a consideration of Rs. 9600. By a kabuliyat of even date the mortgagor obtained a lease of the mortgaged property on payment of a certain sum of money payable half-yearly. On 18th December 1931, another usufructuary mortgage was executed by the defendant in favour of the plaintiff for Rs. 6500 'with respect to another property. On the same date the defendant executed a kabuliyat in favour of the plaintiff and agreed to pay a certain sum of money half-yearly. No formal lease however was executed by the mortgagee in favour of the mortgagor. On 31...
Mt. Jwala Devi Vs. Bhrigunath Sahai
Court: Allahabad
Decided on: Apr-04-1944
Reported in: AIR1944All238
ORDERMalik, J.1. This is a defendant's application in revision. The plaintiff had filed a suit for recovery of certain money alleged to be due from the defendant. The suit was decreed ex parte under circumstances which it is not necessary for me to set out here. The defendant filed an application for setting aside the ex parte decree. The application for setting aside the ex parte decree, however, was signed by the learned vakil who had been appearing, for the defendant in the suit. When this application came up before the learned Judge of the Court of Small Causes at Cawnpore he held that the application was not signed or presented by a vakil who had been properly authorized and therefore the application could not be considered at all. The point of view of the learned Judge was that with the decision of the suit the authority of the lawyer under the vakalathama given to him came to an end and in case it was necessary to file an application to set aside an ex parte decree a fresh vakal...
Thakur Prasad Kalwar Vs. Ram Khelawan Kalwar
Court: Allahabad
Decided on: Apr-04-1944
Reported in: AIR1944All240
ORDERMalik, J.1. The revision has been filed by the defendant against an order of the learned Additional Civil Judge of Jaunpur dismissing his appeal on the ground that the whole appeal has abated. One Ram Khelawan filed a suit against five persons for ejectment from a shop and claimed arrears of rent on the allegation that the defendants were his tenants. Defendants 1 to 3 claimed that they were the owners of the property. Defendant 4, did not put in any defence. Defendant 5 pleaded, that he was a mortgagee from the predecessors-in-interest of defendants 1 to 3 and he was entitled, therefore, as a mortgagee to remain in possession of the property. The trial Court held that the plaintiff had been able to prove his title and was the owner of the shop and the defendants had no right to remain in possession of the same and on these findings the trial Court decreed the plaintiff's suit in its entirety.2. Thakur Prasad, defendant 3, alone appealed and he impleaded the other defendants as re...
India Steel and Wire Products Ltd., Through (inder Singh and Sons Ltd. ...
Court: Allahabad
Decided on: Apr-04-1944
Reported in: AIR1944All253
ORDERMalik, Jb>1. This is a defendants' application in revision under Section 25, Small Cause Courts Act. The plaintiff entered into certain contracts with the Indian Steel and Wire Products Ltd., Tatanagar, on 18th and 19th April 1939. The Indian Steel and Wire Products Ltd., Tatanagar, were represented by their sole selling agents for West U.P., the Cawnpore Steel Company Ltd. The contracts are on printed forms which are on the file of this case and are marked Exs. D, B and P. The plaintiff's case is that there was some delay on the part of the Indian Steel and Wire Products Ltd., Tatanagar, in despatching the goods contracted for and during that period of delay the railway freight was increased by two annas in the rupee and the plaintiff had, therefore, to pay a much larger freight than he would have paid if the defendants had carried out their part of the contract promptly and supplied the goods at the time when they were bound to supply the same. On these allegations the plaintiff...
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