Allahabad Court September 1945 Judgments
Lala Ram Kumar Vs. Kishori Lal and ors.
Court: Allahabad
Decided on: Sep-27-1945
Reported in: AIR1946All259
Sinha, J.1. This is an application in revision, against an order of the learned Small Cause Court Judge of Aligarh by which he dismissed the suit brought on the basis of a bond, dated 27th October 1936, on a preliminary ground. There was a firm, Musamal Ram Kumar, consisting of two partners, Musamal and Ram Kumar. On 27th October 1936, the bond in suit was executed by one Pt. Kishori Lal in favour of the firm. Musamal died on 19th April 1941, leaving a widow, Mt. Ansuiya Devi, and an adopted son, Jaggomal. The adoption is disputed and we might leave it at that. A suit - Suit No. 65 of 1942 - was instituted with an allegation of payment of Rs. 4 on 18th September 1939, in order to obviate the bar of limitation. On an objection that it was barred by Section 69, Partnership Act, Act 9 [IX] of 1932, the suit was withdrawn on 17th August 1942, with liberty to file a fresh suit and the suit, which has given rise to the present application in revision, was instituted on 18th September 1942. V...
Tag this Judgment!Syed Mohammad Hasan Vs. Syed Mohammad Hamid Hasan and ors.
Court: Allahabad
Decided on: Sep-27-1945
Reported in: AIR1946All395
Malik, J.1. Bibi Sughra, Begam, daughter of Baja Saiyed Mohammad Baqar Ali Khan, defendant 11 in the suit No. 22 of 1941, was the owner of considerable property. On 6th October 1928, she executed a deed of waqf. The waqf property was divided by her into three lots. Of the first lot she appointed her son Haji Saiyed Mahmudul Hasan, as the mutwalli, of the second lot she appointed her second son, Haji Saiyed Wasudul Hasan, as the mutwalli and of the third lot she was to be herself the mutwalli. Haji Saiyed Mahmudul Hasan died on 28th September 1939. Haji Saiyed Masudul Hasan is not a party to this litigation and we are informed that he is still alive. Bibi Sughra Begam, we are told, has died during the pendency of this appeal. Under Para. 18 of this deed of waqf she gave Saiyed Mahmudul Hasan the right to fix wazifa or lay down any conditions in his lifetime for the sake of his descendants, wives or other descendants and their descendants. This was to be done either by executing a regist...
Tag this Judgment!Syed Mohammad Hasan Vs. Syed Mehdi Hasan and anr.
Court: Allahabad
Decided on: Sep-27-1945
Reported in: AIR1946All399
Malik, J.1. The facts giving rise to this appeal are given in derail in our judgment delivered to-day in the connected First Appeal No. 404 of 1941. Mohammad Hasan v. Mohammad Hamid Hasan Reported : AIR1946All395 . This appeal was filed, by Saiyed Mohammad Hasan, defendant 1, on the same allegations as in the other appeal that the wakif had no right to delegate his authority and Saiyed Mahmudul Hasan could not, therefore, execute any of the three wills all of which were invalid. Mr. Mushtaq Ahmad, learned Counsel for the appellant, made a statement before us that para. 18 of the wakf deed was perfectly valid and he did not wish to challenge the right of Mahmudul Hasan to execute his first will. On that submission this appeal must fail, and we dismiss it with costs.2. Saiyed Mehdi Hasan, plaintiff respondent has filed a cross-objection against the part of his claim dismissed by the lower Court. Saiyed Mehdi Hasan relying on the third will of Mahmudul Hasan dated 5th May 1988, brought a ...
Tag this Judgment!Yashpal Singh and anr. Vs. Jagannath and anr.
Court: Allahabad
Decided on: Sep-27-1945
Reported in: AIR1946All410
Sinha, J.1. This is an appeal by the defendants against whom a suit for demolition, possession and injunction has been decreed by the Courts below. The defendants are admittedly the zamindars of the village. The plaintiffs are auction-purchasers of the house in execution of a decree against a tenant. The village in dispute Jarar is a populous village in the district of Agra. The case of the plaintiffs was this: The plain, tiffs were the owners in possession of the house in suit; to its south lay the dilapidated house belonging to one Dhanna Lohar and in the beginning of August 1939, the defendants began to dig foundations and make constructions on the plot. In making these constructions, the defendants, the plaint proceeds, encroached upon the plaintiffs' house without any right or title. They are also charged with having demolished a portion of this house. Then follow the details of the encroachments. The defendants refute the allegations of encroachment or demolition. Their case prin...
Tag this Judgment!Ram Charan Lal and anr. Vs. Sri Narsinghji Mahraj and ors.
Court: Allahabad
Decided on: Sep-26-1945
Reported in: AIR1946All254
Verma, J.1. This is an appeal by the defendants against an order of remand passed by the lower appellate Court. Plaintiff 1 in the suit was an idol, Sri Narsinghji Maharaj, through one B. Shri Narain Vaish, described as managing trustee of the temple in which the idol is installed and of the property attaching to it. There were five other plaintiffs who purported to join the idol in bringing the suit on the ground that they were the members of a Board of Trust appointed by the District Judge under a decree passed in Suit No. 1 of 1934 which had been brought by certain person under Section 92, Civil P.C. The suit was for the recovery of a sum of Rs. 3755-10-3 from the assets of one Lala Janki Prasad deceased which had come into the possession of the defendants on the-death of Janki Prasad. One of the pleas raised by the defendants was that the suit was barred by the provisions of Order 22, Rule 9, Civil P.C. That plea found favour with the Court of first instance and the suit was accord...
Tag this Judgment!Mirza Najm Effindi Vs. Firm Kohinoor Footwear Co.
Court: Allahabad
Decided on: Sep-25-1945
Reported in: AIR1946All489
Mathur, J.1. These two second appeals arise out of one and the same suit brought by the plaintiffs appellants for rendition of accounts. There is a shoe and boots manufacturing firm at Agra known as the Kohinoor Footwear Company. By an agreement dated 16th September 1983, the said firm appointed Mirza Najm Effindi and Shakoor Ahmad Rana, the two appellants in the two appeals before me, as their sole agents for sale of its goods. The agreement was for a term of five years and after the expiry of that term the agents instituted the suit out of which these appeals arise on 11th September 1939, in the Court of the Munsif at Agra for rendition of accounts. The suit was originally brought by Mirza Najm Effindi in his name and Shakoor Ahmad Rana was made a pro forma defendant, but at a Subsequent stage Shakoor Ahmad Rana was also transposed to the array of the plaintiffs. It was alleged in the plaint that all the accounts, vouchers and correspondence relating to the business of agency were in...
Tag this Judgment!Bhatele Ramesh Chand Vs. Dr. Shyam Lal and ors.
Court: Allahabad
Decided on: Sep-24-1945
Reported in: AIR1946All34
Braund, J.1. The facts involved in this appeal are simple. The difficulty arises from the draftsmanship of the United Provinces Encumbered Estates Act of 1934. Respondent 2, B. Sarda Pershad and his two sons, respondents 3 and 4 as landlords applied for the benefit of the United Provinces Encumbered Estates Act, 1934. After taking the usual steps, the Special Judge of Etawah, who was a Special Judge of the first grade, on 1st September 1938 passed a decree under Section 14(7) of the Act finding the amounts due to the claimants against the debtors' estate and giving them simple money decrees for the amounts due to them.2. In these decrees, the learned Special Judge was concerned in particular with two claimants, one of whom is the present appellant, Bhatele Ramesh Chand, and the other, respondent 1, Dr. Shyam Lal. The matter need not be unduly complicated by tracing the history of the claims of these two gentlemen beyond observing that, in the events which had happened, the former, the ...
Tag this Judgment!Megh Singh Vs. Surajpal Singh and anr.
Court: Allahabad
Decided on: Sep-24-1945
Reported in: AIR1946All280
ORDERBraund, J.1. This is a case in revision. Megh Singh was a tenant of three holdings in a village. Of two of them he was the sole tenant and of the third he was the tenant jointly with another person. If the gross amount of the rent payable in respect of the three holdings, assuming Megh Singh to be liable as a joint and several tenant for the entire rent of the third of the three holdings, were added up, it would be found to exceed five hundred rupees. But if the rent payable by Megh Singh in respect of the third holding is to be assumed to be only half of the entire rent of that holding, then the total rent payable by him amounts to less than five hundred rupees. The zamindar, having obtained a decree, eventually in 1940 applied to have it executed. At that point Megh Singh took an objection on the ground that under Section 3, U.P. Stayed Arrears of Rent (Remission) Act, 1939, the execution could not be entertained. That contention depended on Section 5 of the same Act, which turn...
Tag this Judgment!Jaintri Prasad and ors. Vs. Chandra Shekhar Shukul and ors.
Court: Allahabad
Decided on: Sep-24-1945
Reported in: AIR1946All435
Mathur, J.1. This is a plaintiffs' second appeal arising out of a suit brought by them for possession of certain plots and also for recovery of damages on the allegations that the plaintiffs were' mortgagors of the property and after discharge of the mortgage were entitled to its possession, but the defendants first set who were mortgagees had fraudulently, in order to keep the plaintiffs out of possession, executed a lease in favour of the defendants second set. The latter pleaded that they were tenants of the plot. The learned Munsif before whom the suit came up for hearing referred an issue to the revenue Court as required by law, and on receipt of the findings from that Court that the defendants second set were tenants dismissed the suit. The plaintiffs then went in appeal and the learned Civil Judge of Azamgarh who decided the case dismissed the appeal. It is now urged in this second appeal that the defendants first set had no right to admit the defendants second set to the tenanc...
Tag this Judgment!Benares Bank, Ltd., Through I.B. Banerji and anr. Vs. Maharaj Kishore ...
Court: Allahabad
Decided on: Sep-14-1945
Reported in: AIR1946All300
Sinha, J.1. These are three appeals, Ex. P.A. Nos. 336, 451 and 456 of 1943, against the judgment of the learned Civil Judge of Benares by which he disposed of the cases of the Benares Bank, through the Official Liquidators, of the Allahabad Bank and of Maharaj Kishore Khanna. The facts are briefly these : A suit No. 117 of 1929, on a mortgage, was brought by the Benares Bank Ltd. against Maharaj Kishore Khanna, the mortgagor, and with him were cited as defendants, the Allahabad Bank, as a prior mortgagee, and certain other persons who have been described by the learned Civil Judge as the Kalia family as subsequent mortgagees. On 6th January 1932, Mr. Krishna Behari Lai was appointed receiver by the learned Civil Judge. The preliminary decree was passed on 25th May 1933. In 1936 Maharaj Kishore Khanna made an application under Section 4, U.P. Encumbered Estates Act, which was in due course, transmitted to the Special Judge of Benares. On 2lst March 1940, the Special Judge passed a decr...
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