Allahabad Court November 1948 Judgments
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Hari Krishna Agarwala Vs. K.C. Gupta
Court: Allahabad
Decided on: Nov-23-1948
Reported in: AIR1949All440
Malik, C.J.1. The plaintiff-appellant was an original resident of Allahabad. He was employed as Assistant Controller of Purchase Cotton Textiles Directorate, Government of India, Bombay, and it is his case that he was anxious to settle in Allahabad after retirement from Government service and, though he had a house in the City of Allahabad, he wanted to purchase a bungalow in the civil station and that therefore he entered into a contract with the defendant on 21st March 1913, to buy the defendant's house for a sum of Rs. 15,000. The defendant is also a Government servant and in the course of his employment was posted at Allahabad and had built a house in Lukerganj after borrowing money from certain persons. He had to pay a large sum of interest on the money borrowed but was not able to clear off the liabilities. He had been transferred to Lucknow where on all the material dates he was posted. The creditors of the defendant proceeded to attach the house and the defendant ultimately was...
In Re: Refugee
Court: Allahabad
Decided on: Nov-23-1948
Reported in: AIR1949All511
Malik, C.J.1. These are various applications made by refugee lawyers from the Punjab and Frontier Provinces for enrolment as advocates of this Court. The applications were sent to the Bar Council for its opinion and the Bar Council has now sent its views. The applications have ,been put up before us for orders under Section 8 and 9, Bar Councils Act. We were' of the opinion that these were administrative matters which should be dealt with in Chambers but were in-.formed that the practice of this Court has been to deal with these matters in Court, if the High Court does not agree with the opinion given by the Bar Council,2. Mr. Gopi Nath Kunzm has appeared on behalf of the Bar Council and we are obliged to him for the helpful and sympathetic attitude, he has taken up. He has placed the rules before us and has stated that the Bar Council would welcome the enrolment of these advocates if the Court comes to the conclusion that they can be enrolled under the rules.3. Under Sections 8 and 9,...
Jageshwar Singh and ors. Vs. Kandhaiya Bux Singh and anr.
Court: Allahabad
Decided on: Nov-23-1948
Reported in: AIR1949All753
Kidwai, J.1. This appeal arises out of a final decree passed in a partition suit.2. The respondents obtained a decree for partition of a house and a gonda as well as zamindari property and tenancy lands against the appellants. The house and the gonda were subject to division by metes and bounds. The appellants applied before the trial Court that it was not convenient to have the actual division of the house by metes and bounds and that the provisions of the Partition Act should be applied. Thereafter the plaintiffs applied that they were prepared to buy the shares of the defendants-appellants under the provisions of Section 3, Partition Act. In reply to this last application, the defendants pleaded that it was impossible to partition the house and they, therefore, prayed for action under Section 2, Partition Act, and it was further prayed that if it was impossible to proceed under the Partition Act then the Court might take action under its inherent powers and award compensation to the...
Patan Ram and ors. Vs. Dhanushdhari Ji Bhagwan Birajman Bara Asthan
Court: Allahabad
Decided on: Nov-22-1948
Reported in: AIR1949All410
1. This is the defendants' appeal against the judgment and decree of Mr. H. K. Ghoshal, Civil Judge, Fyzabad, dated 31st March 1943.2. The plaintiff sued to recover possession of a thatched khachcha house No. 1207 situated in Mohalla Nahar Bagh within the city of Fyzabad, His case was that he is the proprietor of village Chak Gaura Patti, mohal Mahant Ram Manohar Prasad, and that mohalla Nahar Bagh included within this mohal and village. He stated that defendant 3 lived as a raiyat in the said mohalla and village and had sold contrary to the custom of nontransferability the house in dispute to defendants 1 and 2 in April 1941, that defendants l and 2 were in possession, that as a result of the custom the house would be deemed to have been abandoned by defendant 3 and defendants 1 and 2 were mere trespassers. The suit was resisted on the ground that the house being situated within the municipal limits of Fyzabad the custom, if any, did not apply, and that on the contrary residents in th...
Amar Nath Vs. Uggar Sen and ors.
Court: Allahabad
Decided on: Nov-19-1948
Reported in: AIR1949All399
Bhargava, J.1. This is an appeal against an order, dated 80th May 1943, made by the First Civil Judge of Saharanpur in an arbitration proceeding on a reference without intervention of a Court. The reference was made on 14th September 1941, by means of an agreement, executed by Uggar Sen on his own behalf and on behalf of his son, Sansar Chand, and as guardian of his minor son Babu Ram, (first party), by Hari Chand for self and as guardian of his minor sons Chandra Bhan and Ghan Shyam, and Radhey Shyam (second party) and Tulsi Ram for self and as guardian of his minor son, Amar Nath, (appellant), Shyam Lal and Om Prakash for self and as guardian of his minor son, Vinod Kumar, (third party) and Bishen Chand (fourth party). The first party nominated L. Kahtu Mal, the second party nominated L. Dharam Das, the third party to which the appellant belongs, nominated L. Jeet Ram and the fourth party nominated L. Kishan Lal as their respective panches, and Babu Maharaj Singh advocate was nominat...
Beni Madho Singh Vs. Prag
Court: Allahabad
Decided on: Nov-19-1948
Reported in: AIR1949All510
ORDERBhargava, J.1. On 3rd September 1945, Beni Madho Singh (plaintiff-applicant) instituted a suit, under Section 9, Specific Belief Act, against Prag (defendant-opposite-party) to recover possession over two plots of tenancy land on the following allegations: Over a century ago the predecessor-in-interest of the defendant had mortgaged with possession the plots in dispute to the plaintiff's predecessor-in-title. Under the mortgage the plaintiff's predecessor-in-title and also the plaintiff held possession over the plots aforesaid. After the expiry of the period allowed by law for redemption of the mortgage, the plaintiff held possession over the plots as tenant on behalf of the landlord until July 1945, when he was illegally and without his consent dispossessed by the defendant.2. The defence was that the suit, as framed, was not maintainable under Section 9, Specific Relief Act, and it was exclusively triable by the revenue Court. The defendant further alleged that the plaintiff had...
Allah Newaz Sheikh Vs. Mt. Raqiya Bibi and ors.
Court: Allahabad
Decided on: Nov-18-1948
Reported in: AIR1949All270
Wanchoo, J.1. These are two connected appeals by Allah Newaz in an Encumbered Estates Act matter.2. The facts giving rise to them are these. There were two applications under the Encumbered Estates Act by two sets of debtors. It so happened that one Farzand Ali was a creditor of both the sets of debtors. On the date the debtors filed their application, Farzand Ali was dead. The debtors, therefore, impleaded Farzand Ali's daughters as heirs of Farzand Ali and showed them in the list of creditors. Necessary notices were issued and eventually a decree was passed in one case for over Rs. 9,500 in favour of the daughters, while in the other case, a decree for over Rs. 5,000 was passed in favour of the daughter's. Both these decrees were under Section 14, Encumbered Estates Act. In both these oases, the present appellant filed objections. His case was that he was the rightful heir of Farzand Ali and that the decrees under Section 14 should have been passed in his favour. The matter was consi...
Firm NaraIn Das Devi Prasad and anr. Vs. Sri Lal and ors.
Court: Allahabad
Decided on: Nov-18-1948
Reported in: AIR1949All338
Wanchoo, J.1. This is an appeal by firm Narain Das Devi Prasad' in an Encumbered Estates Act matter.2. The facts which have led to this appeal are these : Sri Lal and others filed an application under the Encumbered Estates Act, on 30th March 193G. This was transferred to the Special Judge, second grade, and was numbered as 402 of 1936. In that application, the appellant firm Narain Das Debi Prasad, was not mentioned as one of the creditors. Consequently, no notice was sent to the appellants to file their claim and the appellants' name did not appear in the various publications that were made under the Act. The Special Judge finally decided the matter on 30th November 1938. On 7th February 1938, the appellants had filed their claim, but this claim was dismissed by the Special Judge on 30th November 1938 as time barred because under Section 9, as it-then stood, the claim had to be made within three months of the publication in the Gazette and if that was not done, on cause shown, within...
Jiwa Ram and ors. Vs. Gangoli
Court: Allahabad
Decided on: Nov-17-1948
Reported in: AIR1949All392; 1949CriLJ595
ORDERSeth, J.1.Applicant Jiwa Bam was prosecuted for an offence under Section 420, Penal Code, on a private complaint. A petition of compromise was filed in the case stating that the offence had been compounded. The complainant alleged that certain words were interpolated in the compromise after it had been signed and executed. The complainant, therefore, filed a further complaint against Jiwa Earn and two others, namely Fazal Ahmad and Kiahori. In this complaint it was alleged that Jiwa Earn, Fazal Ahmad and Ki. Bhori had committed offenceB under Section 465/109, Penal Code, and, further, that Jiwa Ram had committed an offence under Section 471, Penal Code, also. The case proceeded in the Court of the trying Magistrate up to the stage when proseoution evidence was finished and charges were framed against the three accused persons named above and a date was fixed for hearing the defence evidence. The three accused persons, who are the applicants in this reference and who shall hereafte...
Kalloo Vs. Mt. Imaman
Court: Allahabad
Decided on: Nov-15-1948
Reported in: AIR1949All445
Mushtaq Ahmad, J.1. This is a defendant's appeal arising out of a suit by his wife for dissolution of marriage on the ground that the defendant had falsely charged her, the plaintiff, with adultery. The defendant in his written statement admitted having made such an accusation and also that it was false, but he, at the same time, expressed regret for his conduct and retracted the charge.2. One of the issues before the Courts below was whether, after the above retraction by the defendant-husband, the plaintiff wife was still entitled to a decree for dissolution of her marriage. The trial Court held that she was not, but the lower appellate Court found that she was so entitled. The present appeal is against the latter decree.3. The ground on which the trial Court held the retraction made by the defendant-appellant to have nullified the legal effect of the charge of adultery was that a Mohamedan husband being given a locus panitennia either to affirm or deny the imputation alleged to have...
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