Allahabad Court January 1949 Judgments
Mt. Bitti Kuer Vs. Banarsi Baboo
Court: Allahabad
Decided on: Jan-31-1949
Reported in: AIR1949All610
Agarwala, J.1. This is a plaintiff's appeal arising out of a suit for ejectment. The plaintiff claimed that she was the owner of the bottle which was being occupied by the defendant as a tenant from month to month, that he was in arrears and so she took the permission of the Town Rationing Officer for his ejectment in view of the provisions of the orders promulgated under the Defence of India Rules, that the arrears had been paid prior to the suit, but the house had not been vacated and that, therefore, the suit for ejectment had to be brought. The defence was that the rent having been paid and accepted by the plaintiff prior to the institution of the suit, there was a waiver and the Town Rationing Officer's permission lapsed and could not be given effect to and that, therefore, the plaintiff was not entitled to maintain the suit, The trial Court decreed the suit. The lower appellate Court dismissed it. The plaintiff has come up in second appeal to this Court.2. The only point urged on...
Tag this Judgment!Taqi Mirza Vs. Rex
Court: Allahabad
Decided on: Jan-20-1949
Reported in: 1950CriLJ6
Mushtaq Ahmad, J.1. One Taqi Mirza, aged 18 years according to the first information report, appeals against Iliad conviction Under Section 807, Penal Code and sentence of three years' rigorous imprisonment by the learned Sessions Judge of Allahabad.2. The occurrence had taken place at 6-45 p. 1$. on 8th November 1946, in Mohalla Nai Basti, Allahabad City. A report of the incident was lodged by one Chhotelal Ahir, a milk yendor, at the Kotwali Police Station at 7 P. M. the Bame evening, in which the appellant and another 'young Muslim were mentioned as his assailants.3. The allegations in the said report were that, when Chhotelal, after supplying milk, was returning from Muthiganj to his house and had reached a place known as the 'Tuta Pull' (damaged culvert) in Mohalla Nai Basti, two Muslims, both aged 18 years, Burrounded him, that one of them, namely the appellant, attacked him with a knife, that the appellant, whom he knew, lived in the Muslim League Office of the Mohalla and that ...
Tag this Judgment!Khazanchi Prasad and anr. Vs. Babu Ram and ors.
Court: Allahabad
Decided on: Jan-20-1949
Reported in: AIR1949All559
Malik, C.J.1. This is a civil revision against a decree for ejectment passed by the learned additional Munsif of Ghaziabad on 21st July 1948. Babu Ram and Ors. plaintiffs, filed a suit for ejectment of Sultan Singh and Khazanchi Prasad on the ground that Sultan Singh was the tenant of a shop which had been rented to him under a registered lease dated 14th March 1940, that Khazanchi Singh was his sub-tenant, and that the lease having expired on 20th January 1947, the defendants were not entitled to remain in possession of that shop. It was alleged in the plaint that the suit was being filed with the permission of the Sub-Divisional Magistrate of Baghpat. The suit was resisted on various grounds but the learned Additional Munsif held against the defendants and decreed the suit for ejectment, but he reduced the amount of damages from Rs. 575 to Rs. 173.2. We have been informed by the learned Counsel that an appeal against this decree has been filed in the lower appellate Court. As there w...
Tag this Judgment!Mohammad Ismail Vs. Nurul Hasan and ors.
Court: Allahabad
Decided on: Jan-18-1949
Reported in: AIR1949All553
Agarwala, J.1. This is an appeal against an order directing the plaint to be returned for presentation to the proper Court.2. The plaintiff-appellant brought a suit for a declaration that the trees situated in a grove in a certain mahal had been planted by him, that he was their owner and that the defendants had no share or right in them. He alleged that his mother, Musammat Faiyazunnissa was the original owner of the mahal and that she had given him permission to plant the grove in question on the clear understanding that on her death the grove will be allotted to him as a part of his share. That Musammat Faiyazuunissa bad died and defendant 1, plaintiffs brother, was claiming the grove as belonging to him on account of a deed of sale alleged to have been executed by Musammat Faiyazunnissa in her life-time. According to him this deed of sale was not binding on the plaintiff and he was entitled to be declared as the owner of the trees of the grove.3. The defence was that there was no s...
Tag this Judgment!Bhagwan Das Chela Mahant Atma Das Vs. Moti Chand Ram and ors.
Court: Allahabad
Decided on: Jan-17-1949
Reported in: AIR1949All612
Agarwala, J.1. This is an application in revision against an order of the District Judge, Ghazipur, dated 5th December 1947, allowing an application for leave to sue under Section 18, Religious Endowments Act (Act XX [20] of 1863). The opposite party alleged in the application which he made to the learned District Judge that there was a public religious institution in Ghazipur known as Sangat Pushta Ghat of which the applicant before us, Mahant Bhagwan Das, was the Mahant, and that certain immovable properties were owned by the institution for the purposes of the trust but that the applicant before us was mismanaging the same. The opposite party claimed to be entitled to perform religious worship in the said Sangat and interested in its welfare and management. He therefore prayed that permission may be accorded to him to sue the applicant before us under the provisions of Section 14 of the said Act for his removal from the office of the Mahant. The learned Judge considered the matter b...
Tag this Judgment!United Provinces Government Vs. Sri Har Nath
Court: Allahabad
Decided on: Jan-17-1949
Reported in: AIR1949All611
Mushtaq Ahmad, J.1. This is a defendant's application in revision against an order of the learned Civil Judge of Banda affirming an order of a learned Munsif of that place, by which the latter had refused to stay a suit pending before him under Section 39(1) (v), Arbitration Act. After the plaintiff-respondent had filed the suit in the Court of the learned Munsif, the applicant, the U.P. Government, made an application on 25th August 1945, asking for time to file a written statement. Sometime later, the applicant applied to the Court under Section 34 of the said Act alleging that there had been an agreement between the parties to refer the matters in dispute to arbitration and that the proceedings should be stayed. This application was dismissed by the learned Munsif, and his order was affirmed in appeal by the learned Civil Judge. The present application in revision is against the latter order.2. The ground on which the Courts below disallowed the application under Section 34 of the A...
Tag this Judgment!Qudrutullah Vs. Mohammad Kasim Khan and anr.
Court: Allahabad
Decided on: Jan-17-1949
Reported in: AIR1952All208
Malik, C.J.1. This is a defendant's appeal dismissing his application for setting aside a decree dated 28-3-1947. The plaintiff filed a suit for recovery of Rs. 8,846-56 on 12-4-1946. Summons were served on the defendant after more than one attempt. On the first date of hearing he was absent when the Court directed that the proceedings against him should be ex parte. After that order, the defendant applied for time to file a written statement. Again after several adjournments the written statement was filed and issues were framed on 31-8-1946. The Court fixed 11th October for the final hearing of the case, but the case had to be adjourned as the Court bad no time and 11-12-1946, was fixed for final hearing. The plaintiff summoned his witnesses for that date. They were examined and after the plaintiff had closed his case the defendant was called uponto produce his witnesses. His counsel was not there and at the request of the defendant the learned Judge granted a short interval and dire...
Tag this Judgment!Ram Udar Das Chela Falhari Baba Garib Das Ji Vs. Baba Madho Das Chela ...
Court: Allahabad
Decided on: Jan-12-1949
Reported in: AIR1949All614
ORDERSeth, J.1. The sole question for decision in this application is whether the civil Court had jurisdiction to entertain the suit or whether its cognizance was barred by Rule 35 of the Nayabad and Wasteland Rules in the Kumaun Division. In substance, the relief claimed in the suit was as follows: That an injunction be issued against the defendant restraining him from making any pathway, stairs, ghat, house, chhapper, chabutra or a resting place on plot No, 364. It was further prayed that the defendant should be restrained worn using the plaintiff's pathway No. 365.2. The two Courts below held that the suit was not cognizable by a civil Court and for this reason the lower appellate Court has upheld the Order of the Court of first instance directing the plaint to be returned to the proper Court. The decision of the case depends upon whether it is covered by Rule 35, Nayabad Waste Land Rules. The dispute with regard to the two plots Nos. 364 and 365 will have to be considered separatel...
Tag this Judgment!Lakhmi Singh and anr. Vs. Mahendra Singh and ors.
Court: Allahabad
Decided on: Jan-11-1949
Reported in: AIR1949All501
Mushtaq Ahmad, J.1. This is a plaintiffs' appeal against a judgment of a learned Single Judge of this Court arising out of a suit for possession by cancellation of a sale-deed dated 21st December 1931, executed by the plaintiffs' brothers Bhup Singh and Tilok Singh, defendants 5 and 6 respectively.2. The sale-deed was executed by those defendants in favour of one Jodhan Singh, father of defendants 1 and 2 and husband of defendants 8 and 4 for Rs. 2132-8-6. The items of the sale consideration were these:1. Rs. 1600 0 0 left with the vendee for pay-ment to one Kharak Singh due to him on a usufructuary mortgage made by the vendors on 23rd April 1928.2. Rs. 583 9 6 left with the vendee for pay-ment to the same person Kharak Singh on account of another mortgage dated 10th February 1929, made by the vendors in his favour, and3. Rs. 248 15 0 left with the vendee to dis-charge a decretal debt due by the vendors.--------------------Rs. 2432 8 6 Total.3. So far as items 2 and 3 are concerned, th...
Tag this Judgment!Ram Saran and ors. Vs. Rex
Court: Allahabad
Decided on: Jan-10-1949
Reported in: AIR1949All594
Desai, J.1. This is an appeal by Ram Saran and five others from their convictions and sentences by the Sessions Judge of Meerut under Rs. 302,148 and 323, Penal Code. Ram Saran has been sentenced to death and there is the usual reference for confirmation of the sentence. The other appellants have been sentenced to transportation for life and imprisonment. Ram Saran, Nanwan and Teku appellants are first cousins of one another. Harpal appellant is an uncle of Gajju appellant. The remaining appellant Thana belongs to the family of Ram Saran etc. All the appellants are Gujars living in village Nagla Udairampur and are stated to be members of one party.2. The prosecution case is as follows: About a month before the occurrence, a canal distributary was cut by some persons in the village. The canal ziledar threatened to charge double rates from the inhabitants of the village unless they divulged who had cut the bank. One or two days before the occurrence Ram Chandar Gujar deceased and Bhajju ...
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