Allahabad Court March 1945 Judgments
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Radha Mohan Vs. Mrs. Jane Hilt and anr.
Court: Allahabad
Decided on: Mar-15-1945
Reported in: AIR1945All400
Yorke, J. 1. This is a second execution appeal arising out of the following circumstances. One Mr. E.A. Hilt mortgaged property in favour of Devi Prasad, predecessor-in-interest of the judgment-debtor-appellant Radha Mohan, for Rs. 5000. On 12th April 1939, Mr. Hilt died leaving him surviving a widow, sons and daughters. Mr. Hilt had previously on 30th November executed a will by which he appointed his widow and one of his daughters, Miss I. B. Hilt as executors. On 20th November 1989, the surviving members of the family, the widow, the sons and the daughters, instituted a suit for redemption of the mortgage and in this suit they made no mention, we are informed, of the existence of the will. In this suit the successors-in-interest of Mr. Hilt claimed that the amount of the mortgage had been overpaid and they claimed a refund of the amount overpaid, and on 1st March 1940, they obtained a decree for redemption and also for refund of the sum of Rs. 3540, the suit having been decreed ex-p...
Kirpa Shanker Vs. Brahmanand
Court: Allahabad
Decided on: Mar-14-1945
Reported in: AIR1945All282
ORDERSinha, J.1. This is an application in revision against an order of the learned Small Cause Court Judge of Aligarh by which he rejected an application for setting aside an ex parte decree under Section 17, Provincial Small Cause Courts Act. The ex parte decree was passed on 5th August 1943 and, on 80th September 1943, an application for setting it aside was made. It was alleged that the applicant had knowledge of it only on 21st September 1948. Along with the application, there was a security bond filed by one Dhal Singh. The Court considered the affidavit of the surety as regards his financial condition and accepted the security. The matter came up for consideration later at the instance of the decree-holder and the learned Judge held that the steps taken did not amount to an effective compliance with the requirements of Section 17, Small Cause Courts Act. The proviso to Section 17 which is relevant for this case is in these terms:Provided that an applicant for an order to set asi...
Nisar Ahmad Vs. Emperor
Court: Allahabad
Decided on: Mar-14-1945
Reported in: AIR1945All389
ORDERMalik, J. 1. This revision has been filed by one Nisar Ahmad against whom proceedings under Section 514, Criminal P.C. have been taken by the learned Sub-Divisional Magistrate, Sadar, Gorakhpur. Karam Ali, his wife Shamsunnisa, and Sita Ram were sent up for trial on a charge of theft and of having received stolen property. It is difficult now to find out in which Court this case was pending. It was probably before the Sub-Divisional Magistrate, in the district of Gorakhpur. The accused had been released on bail. Tilak and Sudama were sureties for Karam Ali and Abdul Razak was surety for Shamsunnisa. Tilak and Sudama applied on 22nd September 1943 for the cancellation of the surety bond executed by them. It is mentioned in the affidavit filed by Nisar Ahmad that this application for cancellation of the surety bond was not placed before Mr. H. A. Siddiqi, Sub-Divisional Magistrate, who was seized of the case but before another Magistrate who passed the following order: 'Submitted. C...
Abdul Wahab Vs. Raghunandan Lal
Court: Allahabad
Decided on: Mar-14-1945
Reported in: AIR1945All388
ORDERSinha, J. 1. This is a revision under Section 115, Civil P.C. The facts briefly are these : On 4th July 1903, two brothers, Ayoob Khan and Sardar Khan, granted a mortgage to the applicant before me, Abdul Wahab Khan. This mortgage was a usufructuary mortgage and was for a sum of Rs. 950. On 30th June 1927, Ayoob Khan sold his share in the two plots to the applicant, with the result that there was a coalition of the rights with regard to the share of Ayoob and to that extent Abdul Wahab Khan became full owner. This sale was pre-empted by Sardar and the suit was decreed on 22nd February 1928. On 28th March 1929, Sardar sold his rights to Raghunandan, the opposite party. Raghunandan obtained formal possession on 11th August 1930. In 1936 he brought a suit for redemption, which was granted on the usual condition of depositing a certain amount within a certain time. This condition he failed to comply with, with the result that the suit stood dismissed. In 1943 he made an application fo...
Capt. T.W. King Vs. Mrs. F.E. King and anr.
Court: Allahabad
Decided on: Mar-13-1945
Reported in: AIR1945All190
ORDERAllsop, J.1. This is a petition by Trevor William King for the dissolution of his marriage with Florence Elsie King. The parties are Christians domiciled in India, were married at Bombay on 26th June 1939 and last lived together at Bareilly in United Provinces. This Court, therefore, has jurisdiction under the provisions of the Divorce Act. In the petition as originally presented the petitioner alleged that the respondent had committed adultery with the co-respondent, Lance Corporal Robert Janes at 3, Lockhart Lines, Bareilly on 2lst September 1943 and that at a hotel at the same place on 3rd and 4th and 6th and 7th January 1944. The petitioner later amended his petition on 3rd November 1944 and alleged that he had discovered that the respondent was pregnant as the result of intercourse with some other men and that she had been living a life of prostitution from August 1943, up to the date of the amendment. No other co-respondents were cited because the petitioner alleged that he ...
Niadar Mal Vs. Rati Ram
Court: Allahabad
Decided on: Mar-13-1945
Reported in: AIR1945All374
ORDERSinha, J. 1. This is an application under Section 115, Civil P.C., by an unsuccessful decree-holder. The case has a chequered history and is in brief like this. Niadar Mal the applicant before me obtained a decree for arrears of rent under the Agra Tenancy Act, Act 8 of 1926, against one Rati Ram for Kharif 1344 Fasli. Execution was taken out under Sections 79 and 80 of that Act. An order for ejectment was passed on 7th August 1937, but before delivery of possession could take place the U.P. Stay of Proceedings (Revenue Courts) Act (Act 4 of 1937) came into operation and proceedings in execution had to be stayed. The judgment-debtor preferred an appeal against the order granting ejectment but all that the District Judge in appeal did was to give an extension of time to the judgment-debtor to pay the rent. This he failed to do and the appeal consequently stood dismissed. The application in revision to this Court was dismissed on 21st January 1941. The application for execution made...
Pearey Lal and anr. Vs. Prithi Singh and ors.
Court: Allahabad
Decided on: Mar-13-1945
Reported in: AIR1945All422
Wali Ullah, J. 1. This is an appeal by the plaintiffs against the decree of the lower appellate Court dismissing the claim with costs. It arisen under the following circumstances. The plaintiffs took a mortgage of some property from the defendants on 9th August 1926. In due course they instituted a suit No. 437 of 1932, and obtained a decree on the foot of that mortgage on 6th December 1932. They executed the decree and realised part of their decretal amount. Subsequently they took proceedings for a declaration that the decree was executable against other property of the defendants under Order 34, Rule 6, Civil P.C. Thereafter they sought the execution of the decree against the property in suit. The decree was transferred to the Collector and it appears that the Collector acting under Section 5, U.P. Regulation of Sales Act, (Act 26 of 1934) granted them, what is described as a sale certificate substantially in the form in which sale certificates are issued under the provisions of Orde...
Bhikkha Mal and anr. Vs. Emperor
Court: Allahabad
Decided on: Mar-09-1945
Reported in: AIR1945All214
ORDERMalik, J.1. A firm at Muttra had purchased certain bales of cloth from a firm in Bhopal. Booking of goods from Bhopal to Muttra had been stopped by the railway. The Bhopal firm therefore sent 46 bales of cloth to the accused Bhikka Mal, who is a commission agent at Agra, with instructions that the bales, when received, should be sent on to the firm at Muttra. These 46 bales were despatched from. Bhopal on 26th August 1943. They arrived in Agra on 5th September 1943, and Bhikka Mal took delivery on 8th September 1943. Another consignment of 18 bales of cloth was sent by the same firm from Bhopal on 8th September 1943, with instructions to Bhikka Mal, the commission agent, that the bales when received were to be sent on to Muttra. The delivery of these bales were taken by Bhikka Mal on 17th and 18th September 1943. Babu Lal, the other accused, had 'merely lent his godown to Bhikka Mal for keeping the bales and helped him in keeping the bales in the godown.' From the last part of the...
B. Sumat Prasad Vs. Ram Sarup Sastry and anr.
Court: Allahabad
Decided on: Mar-08-1945
Reported in: AIR1946All204
Braund, J.1. This second appeal marks, I hope, the close of a sequence of unedifying litigation which reflects no credit on any of the parties engaged in it. The suit itself, No. 436 of 1939, was filed in the Court of the Munsif of Nagina for damages for malicious prosecution, the alleged prosecution being an application made in 1939 by the present appellant-defendant and his co-defendant to the suit moving the High Court to institute contempt proceedings against the two present plaintiff-respondents. It will be necessary in the first place to relate the circumstances in which this unfortunate application in the High Court came to be made. The matter began with a suit - not the present suit-started in January 1939 by the present plaintiff, Ram Sarup, against the present defendant 2, Baldeo Sahai, con, concerning a small matter of trespass. Ram Sarup is a Professor of Sanskrit in the Aligarh University and he lives at Aligarh but happens to possess the house in respect of which the 1939...
Bhulan Lal and ors. Vs. Altaf Husain
Court: Allahabad
Decided on: Mar-08-1945
Reported in: AIR1945All335
Allsop, J.1. The house of the plaintiff-respondent is bounded on the east by a public road and on the north by a narrow lane which varies in breadth from 3 feet 6 inches to 8 feet. The defendants-appellants had a house on the other side of the lane. It was a small house with a tiled roof and was in the corner between the lane and the public road. To the west of it was an enclosure or ahata. In the beginning of 1940 the defendants-appellants built a new house on the site of their original house and the enclosure. This was a brick house with a flat roof. On the roof they built a room with a window looking towards the south and a door looking towards the west. The window was about 7 feet from the level of the floor of the room and looked towards the plaintiff's house. By means of the door the defendant appellants could pass on to their roof. They were building a wall on the edge of the roof towards the south along the length of the lane apparently with the object of preserving their priva...
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