Allahabad Court May 1945 Judgments
Manohar Singh Vs. Emperor
Court: Allahabad
Decided on: May-22-1945
Reported in: AIR1946All15
Bennett, J.1. The appellant Manohar, an Ahir, aged from 30 to 35 years, was sentenced to death by the learned Sessions Judge of Etah under Section 302, Penal Code, for the murder of a widow named Mt. Ram Devi, aged about 42, between 1st and 7th May 1944. The Sessions Judge has referred the case for confirmation of the sentence.2. The appellant and this woman lived in a village called Dhipa in the Aliganj police circle of the Etah district. She had been the wife of one Sardar, uncle of Manohar. Sardar had died about 18 years ago and since then she had apparently been living alone, or with her son Nathu, until he left for Ahmedabad a few years before her murder. The body of Mfc. Ram Devi (who was also called Pujia) was found in a well of Nagla Mohan, a village one or two miles-distant from Dhipa, in the afternoon of 7th May. Its discovery was reported to the Aliganj police the same evening by villagers of Nagia Mohan. The body was taken out by the Station Officer the next morning. He sen...
Tag this Judgment!Mt. Abbasunnisa Vs. Mt. Nisar Fatma and ors.
Court: Allahabad
Decided on: May-11-1945
Reported in: AIR1946All121
Malik, J.1. The plaintiffs, the widow and the daughters of Syed Imtiaz Husain, who died on 31st January 1988, filed this suit for possession of certain properties in villages Karari and Hasanpur on the allegation that the properties in suit belonged to Imtiaz Husain. On the death of Imtiaz Husain they had filed an application for mutation of their names, but certain objections were filed by the defendant, Mt. Abbasunnissa Bibi, sister of Imtiaz Husain and Mt. Khatamunnisa Bibi, mother of Imtiaz Hussain and the objections were allowed by the revenue Court; hence the suit. Mt. Abbasunnisa Bibi in her written statement pleaded that the property in suit did not belong to Imtiaz Husain but to Akbar Husain, father of Imtiaz Husain and Abbasunnisa Bibi. On the death of Akbar Husain about the year 1924 his property was inherited by his widow, Khatamunnissa Bibi, and his son and daughter, Imtiaz Husain and Abbasunnisa Bibi. The parties are Shia Mahomedans and their shares were as laid down in t...
Tag this Judgment!Pirya Shanker and anr. Vs. M. Radhe Shiam and ors.
Court: Allahabad
Decided on: May-11-1945
Reported in: AIR1946All109
Hamilton, J.1. This is a second appeal from a decision of the Additional Civil Judge of Bareilly who reversed a decree given by the Munsif of Havali, Bareilly, to the plaintiffs. The appeal is consequently by the plaintiffs, two minors, Pirya Shanker and Rambhander, sons of Nand Lal but under the guardianship of Mt. Bilaso Kunwar. Nand Lal, I should mention, is still alive.2. The relevant facts are as follows. On 1st June 1925, Nand Lal took a loan of Rs. 600 on a pronote from Baldeo Prasad. At that time there was yet a third son of Nand Lal alive, by name Hari Shanker, who died sometime between 1926 and 1928. The father and the sons formed a joint Hindu family in 1925 but there was a partition between the father on one side and the three sons on the other. In Suit No. 290 of 1928 Baldeo Prasad obtained a decree against Nand Lal alone and in execution proceedings No. 414 of 1930 he attached the rights of Hari Shanker on the ground that as the result of the death of Hari Shanker after a...
Tag this Judgment!Mt. Raghbiri Vs. Lakhpat Singh
Court: Allahabad
Decided on: May-11-1945
Reported in: AIR1946All118
Wali Ullah, J.1. This is an appeal by the plaintiff against the decree of the lower appellate Court dismissing her suit for possession and for mesne profits of some zamindari property. The relevant facts may be briefly stated:NATHU__________|___________| |Lakhpat(defendant) Narpat| || Idharam Singh=Mt. Baghubiri| (plaintifi)_____________________| |Lal Singh Sukhrampal.2. This pedigree is admitted by the parties. According to the plaintiff's case, Narpat died about the year 1916 leaving a son Dharam Singh who is also now dead and who was the husband of the plaintiff. On 7th February 1936, Dharam Singh made a gift (by deed Ex. 6) of 125 bighas of land (set out in Schedule A) in favour of the plaintiff. Thereafter during the mutation proceedings Lakhpat, defendant, objected to mutation in the name of the plaintiff on the ground that the property was joint family property and he was joint with Dharam Singh and consequently Dharam Singh was not competent to make; the gift in favour of his w...
Tag this Judgment!Munna Lal and ors. Vs. Chunni Lal
Court: Allahabad
Decided on: May-11-1945
Reported in: AIR1945All239
JDGMENTIqbal Ahmad, C.J.1. This is an appeal by Muima Lal plaintiff under Section 10, Letters Patent, against the judgment of a learned Judge of this Court and arises out of a suit for sale on a mortgage, dated 13th February 1925, executed by Bharat Singh, defendant l, in favour of Dwarka Das, father of Munna Lal. The main contest in the suit was between the plaintiff and one of the defendants named Chunni Lal, who is a respondent to the present appeal. The Courts below held that the plaintiff had priority as against a mortgage held by Chunni Lal, but the learned Judge of this Court came to the contrary conclusion. The facts are not in controversy and are as follows: On 27th May 1912, Lal Singh, father of Bharat Singh, executed a deed of simple mortgage in favour of Dwarka Das, father of the plaintiff. This mortgage will hereafter be referred to as the mortgage of 1912. In the year 1920 there was some payment by the mortgagor in respect of part of principal or interest 'as such' due on...
Tag this Judgment!Mohammad Ali Khan Vs. Ahmad Ali Khan and ors.
Court: Allahabad
Decided on: May-11-1945
Reported in: AIR1945All261
Allsop, J. 1. On 8th September 1930, Nawab Iqbal Ud-Daula Moqin Ali Khan created a wakf alal-aulad and nominated his wife, Mt. Razia Bani Sultana Begam, as the mutawalli. There was a provision in the deed of wakf that this lady should appoint her successor but she died on 17th August 1935, without doing so. There remained surviving four sons of the creator of the wakf, namely Muhammad Ali Khan, Ahmad Ali Khan, Qaim Ali Khan and Baqar Ali Khan. Muhammad Ali Khan made an application, purporting to be under Section 74, Trusts Act, 1882, praying that he should be appointed as mutawalli by the District Judge. The other three brothers supported the application and the District Judge appointed Muhammad Ali Khan. Three years later, on 30th August 1938, two of the brothers Ahmad Ali Khan and Baqar Ali Khan made an application to the District Judge complaining that the mutawalli was mismanaging the wakf property and misappropriating its income. They requested that Muhammad Ali Khan should be rem...
Tag this Judgment!Mt. Khatoon Begam Vs. Saghir HusaIn Khan
Court: Allahabad
Decided on: May-11-1945
Reported in: AIR1945All321
Allsop, J.1. This appeal arises out of a suit in which the plaintiff-appellant claimed a sum of Rs. 10,000 from her husband, Saghir Husain Khan, the defendant-respondent, on account of her dower. The defence was that the dower fixed was Rs. 32-8-0, that the plaintiff had been divorced by the defendant in the year 1935, that her suit, instituted in the year 1939, was barred by limitation and that the liability to pay dower had been discharged because the defendant had made an application under Section 4, Encumbered Estates Act, and the plaintiff had not put in any claim under the provisions of Section 9 of the Act.2. The findings of fact were that the dower fixed was Rs. 10,000 and that there was no divorce in 1935. These findings are not disputed in appeal. It was, on the other hand, admitted by the plaintiff that she had made no claim during the proceedings following on her husband's application under the Encumbered Estates Act. The learned Judge of the lower Court dismissed the suit ...
Tag this Judgment!Darshan Singh Vs. Parbhu Singh and ors.
Court: Allahabad
Decided on: May-08-1945
Reported in: AIR1946All67
Sinha, J.1. This is a defendant's appeal and arises out of a suit for partition. The parties are relations, as will appear from the genealogical table set forth below: CHAURA SINGH | ----------------------------------------------------- | | | Sheoraj Singh Kehri Singh Mathura Singh | | ------------------ ----------------------------- | | | | | | | Kamod Hazari Zabar Raghubar Angad Rachpal Sheo Singh Singh Singh Singh Singh Singh Singh (deft. 1) | | | | | | Parbhu ------------- Gulab --------- | Balwant Singh | | Singh | | | Singh (plff.) Darshan Kedar Chandra Shanker | Singh Singh Palsingh Singh | (deft. 2) | | | Sheochandra | Chhota Maul Singh | Singh (deft. 3) | | | Babua Singh | | ----------------------- | | | Ganesh Singh Pahlad Singh Nawab Singh(1) Chaura Singh - died before 1876.(2) Sheoraj Singh - died about 1890.(3) Kehri Singh died between 1900 and 1901, (vide pp. 316 and(4) Mathura Singh 317 of the paper book.(5) Zabar Singh-died 1924.(6) Hazari Singh-died 1927.2. The story...
Tag this Judgment!Bam Jassa Kunwar and anr. Vs. Sahu NaraIn Das and ors.
Court: Allahabad
Decided on: May-08-1945
Reported in: AIR1946All178
Malik, J.1. This appeal has been filed against the decree passed by the learned Special Judge, First Grade, Aligarh, under Section 14, U.P. Encumbered Estates Act. Rani Jassa Kunwar is the widow of Raja Sheoraj Singh who had considerable zamindari property in the district of Moradabad. The Raja had died indebted. He had executed a mortgage for a sum of Rs. 40,000 on 25th September 1920 in favour of Sahu Gulab Das and others. This, mortgage carried interest at eight annas per cent. per mensem, compoundable six monthly. On 17th August. 1923 he had executed a second mortgage for Rs. 12,000 in favour of the same creditors. The interest reserved in the second mortgage was rupee one per cent, per mensem with six monthly rests. After the death of the Raja, the properties left by him were inherited by Rani Jassa Kunwar, as a Hindu widow. On 18th March 1931 Sahu Gulab Das and others filed a suit (No. 21 of 1931 in the Court of the Subordinate Judge, Moradabad) for the realisation of the amount ...
Tag this Judgment!Baba Suraj Gir and ors. Vs. B. Bramh NaraIn Advocate and ors.
Court: Allahabad
Decided on: May-04-1945
Reported in: AIR1946All148
Braund, J.1. This is a first appeal from the Court of the learned Civil Judge of Bareilly. We can, we think, deal with the matter briefly since the appeal can be disposed of on a short point. The suit related to a temple in the outskirts of Bareilly, called the Alakhnath Mahadeo Temple. The plaintiffs came to the Court and by their pleadings have set out a long devolution of the mahantship of this temple going back, as the learned Judge himself says, to times of considerable antiquity. But whether these allegations be right or wrong, we think that they become immaterial in view of certain proceedings which were begun in 1930 and resulted in a scheme being settled for the administration of this temple by the Court under Section 92, Civil P.C. The decree in those proceedings was made in 1933 and under it a scheme was settled by which the present defendant-respondents were constituted by the Court a committee of management, or, in other words, trustees, for the purpose of administering th...
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