Allahabad Court April 1945 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Lakshmi Chand Vs. Seth Bhawani Shanker
Court: Allahabad
Decided on: Apr-05-1945
Reported in: AIR1945All394
Sinha, J.1. This is a defendant's appeal and arises out of a suit for recovery of arrears of rent from Rabi 1341 Fasli to Kharif 1347 Fasli. The plaintiff claimed as the zamindar, by virtue of his adoption by Seth Hari Ram, the original zamindar. The defence, in the main, was three-fold. The plaintiff's adoption was denied. The other defence was that the claim was barred by limitation, as the defendant had prescribed title by adverse possession. A set-off of a sum of Rs. 144 was also claimed. Lastly, it was pleaded that the rent prior to Rabi 1344 Fasli was not recoverable, as it was remitted by an Act of legislation. The learned Assistant Collector, before whom the suit was instituted, remitted the issue of adoption to the civil Court. The learned Munsif found that the adoption was established. The revenue officer finally decreed the plaintiff's suit for a sum of Rupees 294-12-0, for one of the khatas, and Rs. 6, on account of the other khata, with pendente lite and future interest. T...
Roshan Bux Vs. Abdul Aziz and ors.
Court: Allahabad
Decided on: Apr-05-1945
Reported in: AIR1945All405
Wali Ullah, J.1. This is an appeal by the plaintiff against the decree passed by the lower appellate Court dismissing the appeal against the decree of the Court of first instance which dismissed the suit with costs. The suit out of which this appeal has arisen was instituted for a declaration that proceedings relating to the election of a Chairman of the Town Area of Nawabganj, District Bareilly, from 20th April 1940 to 28th April 1940, were illegal and void. It was also prayed that an injunction might be issued restraining defendant l from functioning as the Chairman of the Town Area and also restraining defendants 2 to 4 from allowing defendant l to perform his duties as Chairman. Rupees 200 as damages were also claimed from defendants 1 to 2. The antecedent facts necessary for a proper appreciation of the points in issue in this case were these:2. Roshan Bux, the plaintiff was the Chairman of the Town Area of Nawabganj from 1st June 1939 to April 1940 when fresh elections were to ta...
Nurul Hasan Vs. Mahbub Bux and ors.
Court: Allahabad
Decided on: Apr-04-1945
Reported in: AIR1945All202
Allsop, J.1. Mahbub Bakhsh and Mt. Azizan executed a deed of mortgage on 18th June 1927, in favour of Nurul Hasan in order to secure the payment of a debt of Rupees 2500. Under the terms of the deed, Nurul Hasan was to remain in possession of the property for a period of 10 years and after that period was entitled to recover the amount due to him. The deed is not in very clear terms, but there can be no doubt that the intention was that Nurul Hasan should enjoy the profits of the property in lieu of interest for the period during which he was to be in possession. Nurul Hasan instituted the suit which has given rise to this appeal at the beginning of the year 1988 in order to recover the principal amount secured by the mortgage together with a sum of Rs. 52 which he said that he had expended on repairs and a sum of Rs. 508 which he claimed as the profits which would have accrued to him from the rent of a part of the property which never came into his possession. The sum of Rs. 2500 was ...
Chhotey Singh Vs. Ramesh Chand and ors.
Court: Allahabad
Decided on: Apr-03-1945
Reported in: AIR1946All195
Wali Ullah, J.1. This is a plaintiff's appeal against the decree of the lower appellate Court affirming the decree of the Court of first instance which dismissed the suit with costs. The suit was for possession over zamindari property on the allegation that the property belonged to one Jograj Singh who died in 1886 leaving a widow, Mt. Gaura: that Mt. Gaura was in possession of her husband's property as a Hindu widow and that the property in suit was also an accretion to her husband's estate. It may be mentioned here that the property in suit was acquired by Mt. Gaura in the year 1910 admittedly out of the savings of the income derived from her husband's property in her possession. Prior to the sale in 1910 the property in question had been taken by Mt. Gaura under a mortgage in 1902. Mt. Gaura transferred this property along with some other property in favour of one Mt. Janka, widow of Ram Lal, by means of a sale-deed dated 30th September 1926, for a consideration of Rs. 2000. The pla...
Allah Taala Through Jamaludding Vs. District Board of Pilibhit Through ...
Court: Allahabad
Decided on: Apr-03-1945
Reported in: AIR1945All273
Sinha, J.1. This is a plaintiff's appeal arising out of a suit for a permanent injunction restraining the District Board of Pilibhit from demolishing the constructions specified in the plaint. The case has had a chequered history and makes sorry reading. The facts are briefly these : The suit was brought by one Jamaluddin on behalf of the Almighty against the District Board of Pilibhit through its chairman. The endowment, in question, is a mosque called Jama Masjid. According to the plaint, the constructions in dispute were part of the mosque and had stood from time immemorial. The complaint is that the defendant wrongfully served a notice upon the plaintiff for demolition, although the con-Structions did not amount to encroachment and had been in possession of the plaintiff for over sixty years. This suit was instituted on 14th December 1934. On 26th February 1935, the District Board filed its written statement. Its case was that the constructions did amount to an encroachment. The ba...
Beni Prasad and anr. Vs. Gauhar Ali and anr.
Court: Allahabad
Decided on: Apr-03-1945
Reported in: AIR1945All347
Allsop, J.1. This second appeal arises out of a suit for profits. The plaintiffs-appellants acquired a share of one-third in Mahal Zamiruddin under a sale-deed executed in the year 1936 by Zamiruddin himself. According to the khewat, the cosharers in this mahal were Akbar Ali, Gauhar Ali and Zamiruddin each owning a one-third share. Akbar Ali and Gauhar Ali are the sons respectively of Wali Muhammad and Muhammad Ali. These two men were the sons' of Kunain Mian who died about the year 1919. Kunain. Mian had a brother, Imamud-din whose son is Zamiruddin. When Kunain Mian died, Akbar Ali, Gauhar Ali and Zamiruddin were shown in the khewat as owning one-third each of the property which he had left. The entry was made with the consent of Wali Muhammad and Muhammad Ali. In the year 1923, there was a partition of the mahal and the property left by Kunain Mian was formed into a separate mahal. The entry in the khewat was that Akbar Ali, Gauhar Ali and Zamiruddin were the owners of a one-third ...
Taskhir Ahmad Vs. Emperor
Court: Allahabad
Decided on: Apr-03-1945
Reported in: AIR1945All397
Braund, J. 1. This is an appeal by an appellant, Taskhir Ahmad, who in 1943 was., the head moharrir of the police station at a place called Nahtaur. This man has been convicted of the offence of giving false evidence in a judicial proceeding and has been sentenced to a nominal term of imprisonment and to suffer a fine as well. In my opinion, without reference to the merits of the case, the appellant succeeds on a technical point. The facts for this purpose can be briefly stated. The appellant was the head moharrir of the police station, and to him came a certain person to lodge a complaint against some seventeen persons who were alleged to have committed serious offences, one of which was murder. The appellant took down the first information report and he also made the routine entries in what is known as the general diary. Among the seventeen persons who were implicated by this first information report was a certain Raj Kumar. What the appellant is said to have done is both in the firs...
- ‹ Prev
- 1
- 2
- Next ›