Allahabad Court November 1945 Judgments
Naini Tal Hotel Co. Ltd. Vs. Municipal Board
Court: Allahabad
Decided on: Nov-23-1945
Reported in: AIR1946All502
Bennett, J.1. This appeal raises an interesting question of limitation. The appellant is the Naini Tal Hotel Co. Ltd., while the respondent is the Municipal Board of Naini Tal. The Municipal Board sued the Hotel Co. for Rs. 6979-1-0 on account of electric energy (both for light and power) supplied to the Royal Hotel Annexe called Waverly Quarters between 1st September 1986 and 7th June 1941, incorrect bills having been submitted throughout this period owing to a mistake having been made by the meter reader.2. In the Court below the defendant company did not admit that any mistake had occurred, but the finding on this issue was against the company and the finding has not been disputed before us. The mistake was said to, have occurred because the meter reader thought that the last digit was to be ignored and thus entered in his hand-book only one tenth of what should have been entered. There was this excuse for the mistake that the meters used by the Board varied and some showed decimal ...
Tag this Judgment!Saran Singh Vs. L. Miththan Lal
Court: Allahabad
Decided on: Nov-20-1945
Reported in: AIR1946All174
Iqbal Ahmed, C.J.1. We shall deal first with this second appeal referred to the Full Bench, since its decision will enable the other two to be disposed of without difficulty. In 1915 a simple mortgage was created by a mortgagor, Mahipal Singh, over 136 bighas of land to secure repayment of a principal sum of Rs. 400 and interest. In 1917 the mortgagor created a second mortgage over the same property to secure repayment of Rs. 7000 and interest and at the same time, by agreement with the second mortgagee, left in his hands a sum of Rs. 436 out of the second mortgage consideration for the express purpose of the first mortgage and interest thereon up to that date being discharged by the second mortgagee. The first mortgagee was naturally no party to this transaction. In 1924 the mortgagor sold part of his equity of redemption in the mortgaged property and as a result of this sale (as affected by a compromise of certain proceedings which related to it) the position in 1925 was that the equ...
Tag this Judgment!Abdul Haq and ors. Vs. Maharaja Pateshwari Prasad Singh Sahib, Proprie ...
Court: Allahabad
Decided on: Nov-14-1945
Reported in: AIR1946All294
Bennett, J.1. This appeal has arisen out of a suit instituted in 1936 by the special manager, Court of Wards, Balrampur, in the Court of the Civil Judge of Basti for possession of certain plots of land, for damages in respect of the year 1342F and for mesne profits in respect of the year 1343F. The area of land concerned is 121 bighas odd. A sum of Rs. 1123 odd was claimed on account of damages and of Rs. 1211 odd on account of mesne profits. The suit was brought in 1936 and in the following year the Maharaja Sahib of Balrampur was substituted for the special manager, Court of Wards, as plaintiff. A theka of the whole village of Phulpur, in which the land in suit lies, was granted by the Balrampur estate to one Amir Mahton in 1883 and he continued to be thekedar until his death in 1336P. He had a brother, Maula Baksh, and on Amir Mahton's death this brother and his own descendants remained in possession. The suit was instituted against Maula Baksh, the brother, Abdul Karim, a grandson,...
Tag this Judgment!Pateshwari Prasad Singh Vs. Abdul Karim and ors.
Court: Allahabad
Decided on: Nov-14-1945
Reported in: AIR1946All496
Bennett, J.1. The only question for determination in this execution second appeal is whether a decree-holder, whose application in execution of his decree has been stayed by an appellate Court, can continue execution proceedings on that application after the dismissal of the judgment-debtor's appeal. The Munsif of Basti held that he could; the Additional District Judge of Basti on an appeal against the Munsif's order held that he could not. The argument advanced on behalf of the judgment-debtor which he accepted was that the decree of the trial Court had merged in the decree of the appellate Court and that it was the latter decree alone therefore which could be executed. The original execution application became infructuous and another formal application drawn up in accordance with the provisions of Rule 11 of Order 21, Civil P.C., was required. The decree-holder in the present case had merely asked for the revival of the previous application. The Additional District Judge accordingly ...
Tag this Judgment!Muhammad Imdad Ullah Vs. Mt. Bishmillah Alias Haliman Bibi and ors.
Court: Allahabad
Decided on: Nov-12-1945
Reported in: AIR1946All468
Bennett, J.1. Stated as briefly as possible the question which we have to answer in this appeal is whether a Muhammadan who has acquired land for the construction thereon of school buildings, who has constructed those buildings, and who has over a period of several years caused everyone concerned to believe that he was doing this on behalf of a certain school, and to take certain action in that belief, is entitled to change his mind and dedicate the property for another object, namely an orphanage.2. The learned Civil Judge of Cawnpore, from whose judgment and decree the appeal has been preferred, has answered this question in the affirmative. The proceedings-started on 3lBt October 1935, with an application to sue in forma pauperis, made by one Mohammad Usman Khan, purporting to act as mutawalli of the waqf connected with the school in question, namely the Madrasa Ashraf-ul-ulum. On the opposite side were Abdul. Latif, who acquired the land and constructed the buildings in question an...
Tag this Judgment!Ram Prasad and ors. Vs. Bishambhar Singh and ors.
Court: Allahabad
Decided on: Nov-09-1945
Reported in: AIR1946All400
Braund, J.1. This is an appeal from the judgment of the learned Civil Judge of Fatehpur delivered in April 1942 in a suit which is compendiously described as a suit 'for possession,' and, when analysed, turns out to be a suit by a usufructuary mortgagor against his mortgagee seeking to recover possession of property on the ground that, with the assistance of the U.P. Debt Redemption Act the whole of the monies sectored by the mortgage were paid off in 1940. The facts are relatively simple. We can take it that the plaintiff now represents the original mortgagors and that defendants 1, 2 and 3 now represent the original mortgagees. There is added a fourth defendant who turns out to foe a sub-mortgagee from one of the original mortgagees.2. The history of the matter started in November 1881 when the original mortgagors who were a father named Brahma Singh and his two sons Sukhdeo, Singh and Sheo Ram Singh, executed two documents - we deliberately use a neutral word for the moment - which ...
Tag this Judgment!Benares Bank Ltd. Vs. Shri Sri Prakasha Bhagwan Das and ors.
Court: Allahabad
Decided on: Nov-07-1945
Reported in: AIR1946All269
Braund, J.1. We are to decide an important preliminary issue bearing on a misfeasance application under Section 235, Companies Act, 1913, in the matter of the Benares Bank Ltd., in liquidation. For this purpose it is enough to say that the Official Liquidators have launched misfeasance proceedings under the section against a number of directors and officers, and former directors and officers, of the bank in respect of transactions which took place some years before the liquidation began, and it is material to the disposal of a number of these charges to enquire what period of limitation applies. The winding up petition was filed on 3rd August 1939. A provisional liquidator was appointed on 14th February 1940, and the compulsory winding up order, under which the Official Liquidators were appointed, was made on 1st March 1940. This misfeasance application was filed on 12th February 1943. It was, therefore, within three years from the date of the appointment of both the Provisional Liquid...
Tag this Judgment!Kailash Nath Vs. Tulshi Ram and ors.
Court: Allahabad
Decided on: Nov-01-1945
Reported in: AIR1946All349
Sinha, J.1. This is an appeal by the plaintiff whose suit for a declaration that the decree in suit No. 49 of 1989 is null and void as against him, was dismissed by the learned Civil Judge of Cawnpore. The property in dispute is a house in the city of Cawnpore. The plaintiff is the son of one Ram Narain, who is the son of Maiku Lal. Maiku Lal had admittedly purchased the house for Rs. 40,000 in the year 1925. On 8th December 1938, Ram Narain entered into an agreement of sale with Ajodhiya Prasad for a sum of Bs. 30,000. A suit for the specific performance of this agreement was brought and decreed by the learned Civil Judge. The decree was put in execution and the formal delivery of possession was made on 17th September 1941. Before, however, actual delivery of possession could take place, the present suit was instituted on that very day, i.e., 17th September 1941, with the relief mentioned above.2. The plaintiff's case, in brief, was that the house was worth about Rs. 40,000 and his fa...
Tag this Judgment!Chiranjive Lal Vs. Mt. Mithona Devi
Court: Allahabad
Decided on: Nov-01-1945
Reported in: AIR1946All392
Allsop, J.1. This is an appeal against an order dealing with a matter of court-fees. The property in suit belonged to one Kanauji Lal who died in the year 1937. He was succeeded by his mother, Mt. Mithona. This lady and herd eceasedhusband, Shiva Prasad, had two other sons, the plaintiff, Chiranjive Lai, and one of the defendants, Mijazi Lal. The plaintiff instituted the suit in order to get two reliefs on the allegations that Mt. Mithona was wasting the corpus of the property which had passed to her from Kanauji Lal. One relief was for an injunction restraining her from transferring certain postal certificates. The value of these certificates was Bs. 1750. There is no dispute that the plaintiff had to pay a court-fee on one-tenth of the value, that is on Rs. 175. The other relief was for the appointment of a receiver to take charge of other movable and immovable property. In the plaint originally for purposes of jurisdiction the value put on this property was in the neighbourhood of R...
Tag this Judgment!Mt. Sunder Vs. Kandhayia Lal and anr.
Court: Allahabad
Decided on: Nov-01-1945
Reported in: AIR1946All456
Allsop, J.1. This is an appeal against an order of remand. Mt. Sunder instituted a suit against her co-widow, Mt. Mitthani, in order to obtain a declaration that a deed of gift executed by the latter was not binding upon her. She valued the suit at Rs. 2000 and instituted it in the Court of a Munsif who had jurisdiction only up to that limit. An objection was taken by the defendants that the proper valuation was Rs. 4000 but that point was decided against them. However at a later stage Mt. Mitthani died and then Mt. Sunder amended her plaint and added a prayer for an injunction which she valued at Rs. 100. In the circumstances at that stage the valuation of the whole suit became Rs. 2100 on the face of it. The Munsif proceeded to decide the suit. An objection was taken in the lower appellate Court that he had no jurisdiction to do so. That objection was upheld and the learned Judge of the lower appellate Court has passed an order of remand.2. In appeal against that order, it is urged t...
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