Allahabad Court March 1946 Judgments
Ganga Sahai Vs. Mt. Nafis Bano and ors.
Court: Allahabad
Decided on: Mar-27-1946
Reported in: AIR1946All508
Verma, J.1. This appeal has arisen out of proceedings under the United Provinces Encumbered Estates Act. The material facts are these. The appellant, Ganga Sahai made an application under Section 4, Encumbered Estates Act and the proceedings prescribed by the Act were taken. Simple money decrees under Section 14(7) were ultimately passed on 31st July 1939, and were sent to the Collector as required by Section 19(1). Subsequently, claims under Section 11(2) were preferred by certain persons alleging that the claimants had sufficient cause for not making their applications within the period of 8 months mentioned in Sub-section (2), and claiming extension of time under the proviso to that sub-section. One of such claimants was one Brij Nandan. The Special Judge accepted his contention that he had sufficient cause for not making the application within the period of 3 months laid down in Sub-section (2) and obviously held that the other conditions mentioned in the proviso were also satisfie...
Tag this Judgment!Hazari Ram and ors. Vs. Firm Umrao Singh Sewati Lal and anr.
Court: Allahabad
Decided on: Mar-22-1946
Reported in: AIR1946All512
Verma, J.1. The petitioners foe revision are plaintiffs in a suit instituted in the Court of the Munsif of Ballia, The main relief - apart from the prayer that any other relief, in addition to or instead of the relief claimed above, to which, in the opinion of the Court, the plaintiffs may be found to be entitled, may be granted-claimed in the suit as follows:A decree for the recovery of Rs. 3616-4-9, in accordance with the accounts given below, together with pendente lite and future interest as well as costs of the suit, be passed in favour of the plaintiffs against the defendants.2. The material facts out of which the claim arises are as stated below. The plaintiffs, who reside and carry on business at Ballia, allege that they entered into a contract with defendants, who carry on business as commission agents at Etmadpur in the district of Agra, the main terms of which were that the plaintiffs agreed to purchase 'from the defendants and the defendants agreed to sell and supply to the...
Tag this Judgment!Kallu Vs. Phundan
Court: Allahabad
Decided on: Mar-21-1946
Reported in: AIR1946All488
Verma, J.1. This is a defendant's appeal arising out of a suit, brought by the respondent in the Court of the Munsif of Pilibhit, for the partition of a grove situated in a Plot No. 710/2. The Munsif dismissed the suit, but the lower appellate Court has set aside the decree and has remanded the suit. Among the pleas raised by the defendant in his, written statement was one to the effect that the suit was not cognisable by the civil Court. He further alleged that, in any event, the plaintiff had no right or title to the grove in suit. The Munsif held that the civil Court had no jurisdiction to entertain the suit. In spite of this, he went on to record a finding on the merits and held that the defendant's allegation, that the plaintiff had no right or title to the grove in suit, was correct. The learned Judge of the Court below has rightly pointed out that the Munsif, being of the opinion that the civil Court had no jurisdiction to entertain the suit, ought not to have tried any other is...
Tag this Judgment!Hardeo Sahai Vs. Bankey Rai and ors.
Court: Allahabad
Decided on: Mar-20-1946
Reported in: AIR1946All409
Malik, J.1. This is a plaintiff's appeal. The plaintiff filed a suit for redemption of a mortgage dated 26th March 1906. The mortgage was for RS. 850 and was a usufructuary mortgage. The mortgaged property was leased to the mortgagor on an annual rental of Rs. 64, but the mortgagor made default in payment of rent with the result that decrees for arrears of rent were obtained against him and he was ultimately ejected in execution of the said decree. In spite of the ejectment proceedings he, however, continued to remain in possession for a period of about eight years. After the mortgagee, the defendants' predecessor, had secured possession he again let out the land to the mortgagor on an annual rental of Rs. 15 and the mortgagor remained in possession of the land for a number of years under the new lease. The mortgagor is an agriculturist and he wanted the accounts to be taken in accordance with the provisions of Section 9, U.P. Debt Redemption Act. After taking the accounts, the trial C...
Tag this Judgment!Rajendra Nath Vs. Raghu Ram and anr.
Court: Allahabad
Decided on: Mar-14-1946
Reported in: AIR1946All518
Braund, J.1. This is an appeal under Clause 10, Letters Patent, which, with two other appeals (Nos. 15 and 86 of 1943) between the same parties, raise short identical points under U.P. Tenancy Act, 1989. The first Respondent, Pandit Raghuram (here, inafter called 'the Purchaser') at a date which is the material purchased from the second Respondent, Pandit Yogendra Nath first all that one third undivided share in a certain mahal in respect of which the second respondent was at the date of the purchase a co-sharer and, secondly certain arrears of profits in respect of three preceding years-the Fasli years 1844, 1345 and 1346 then due to the second respondent. Finding himself unable otherwise to recover these arrears, the Purchaser brought the three suits out of which these present appeals have arisen in the Revenue Court under Section 280, U.P. Tenancy Act, 1939, against the Lambardar to recover them. Three separate suits have been apparently necessary because the arrears of profits rela...
Tag this Judgment!Bindyachal Prasad Vs. Suraj Prasad
Court: Allahabad
Decided on: Mar-07-1946
Reported in: AIR1948All48
Pathak, J.1. This appeal relates to a plot of land situate within the Municipal limits of the city of Gorakhpur. In the trial Court, another-plot of land also was in dispute but the appeal in this Court is not concerned with that plot of land and it is not necessary to mention the controversy between the parties in relation to that plot. The plot in dispute in this appeal is No. 126 and is marked ABCD on the Amin's map.2. It appears that the parties are cousins and by virtue of a deed of partition, dated 15-2-1928, two houses were partitioned between the parties. It was contended by the plaintiff in the Courts below and it has been contended before me that under the partition deed, the plot in dispute, which was described as a Sahan, was allotted to the plaintiff's father, Kolahal Ram. This contention has been repelled by both the Courts below. It is based upon the ground that. the northern boundary of the house which was allotted to Suraj Prasad, the respondent before me, was describe...
Tag this Judgment!Panna Lal Mandwari Vs. Mt. Bishen Dei
Court: Allahabad
Decided on: Mar-01-1946
Reported in: AIR1946All353
Verma, J.1. This is a defendant's appeal from an order of remand passed by the lower appellate Court. The material facts are as stated below. On 10th March 1941, a suit was filed by the plaintiff in accordance with the provisions of Order 21, Rule 63, Civil P.C., for a declaration that certain property, which the defendant had attached in execution of a decree obtained by him against the plaintiff's husband, was not liable to attachment and sale in execution of that decree as it belonged to the plaintiff and not to the defendant's judgment-debtor. The Court fixed 28th April 1941, for the hearing of the suit. The defendant was absent on that date and the suit was decreed ex parte. On 27th May 1941, the defendant filed an application under Order 9, Rule 13 praying that the ex parte decree be set aside. This application was granted on 11th October 1911, subject to the payment by the defendant applicant of a certain sum of money as cost to the plaintiff by 27th October 1941. The costs were...
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