Allahabad Court January 1949 Judgments
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Ram Saran and ors. Vs. Rex.
Court: Allahabad
Decided on: Jan-10-1949
Reported in: 1949CriLJ888
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 Sections 309, 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 out by some persons in the village. The canal ziledar threatened to charge double rates from the inhabitants of the village unless they divulged who bad cut the bank. One or two days before the occurrence Ram Chandar Gujar deceased and B...
Mt. Sukhdei and ors. Vs. B. Himanshudhar Singh and ors.
Court: Allahabad
Decided on: Jan-07-1949
Reported in: AIR1949All609
Kidwai, J.1. This appeal arises out of a suit instituted by Babu Himanshudhar Singh, taluqdar of Shahmau Tekari, for recovery of arrears of under-proprietary rent from the appellants and respondents 2 to 5. The appellants are the mortgagors of the under-proprietary khata in respect of which the arrears are claimed and respondents 2 to 5 who are in possession of the whole khata on behalf of the appellants are usufructuary mortgagees. The plaintiff is the superior proprietor.2. The defence was that a certain sum, namely Rs. 200 had been paid towards the arrears claimed and that remission had been granted on account of frist which should also be deducted from the amount of rent claimed in the suit. The suit was filed as long ago as 1937 but it has been considerably delayed owing to the fact that there were two remands to ascertain whether there had been remissions on account of frost or not. Finally the Civil Judge of Partabgarh held that although there had been remissions, the appellants...
Brij Behari Lal Vs. Mt. Amirunnissa and ors.
Court: Allahabad
Decided on: Jan-07-1949
Reported in: AIR1949All615
ORDERKidwai, J.1. On 7th August 1912, Chaudhri Husain Ahmad mortgaged a 4-pies share in mahal Amirunnisa, village Bangarmau, in the district of Unnao to the applicant in lieu of a sum of Rs. 1000 at 9 per cent. per annum. Interest on this deed was paid regularly but the principal sum due under the loan remained outstanding and on 16th February 1929, a fresh mortgage deed was executed by Chaudhri Husain Ahmad in respect of the same sum of Rs. 1,000. The interest stipulated in the new deed was also 9 per cent. per annum.2. Chaudhri Husain Ahmad died leaving the opposite parties 1 to 3 as his heirs. The said opposite parties applied under Section 12, U.P. Agriculturists' Relief Act alleging that the entire mortgage debt had been satisfied. They claimed the benefit of Section 9, Debt Redemption Act. The trial Court calculated the amount due on the mortgage deed allowing interest at the rate of 41/2 per cent. per annum and it found that nothing remained due. It accordingly allowed redemptio...
Govind Rao Vs. Gouri Shanker
Court: Allahabad
Decided on: Jan-06-1949
Reported in: AIR1949All538
Mushtaq Ahmad, J.1. We do not propose to interfere in this revision. The parties made a joint statement that a sum of Rs. 300 was dug under the two mortgages. Moreover, the facts of this case are distinguishable from the facts of the two other cases that we have just decided. In this case a sum of Rs. 300 was borrowed under a mortgage dated 12th May 1882, and some property was given in security. On the security of the same property there was a further advance of Rs. 231-9-9, and this second advance was tacked on to the first advance and the mortgage deed provided that the mortgagor would not be entitled to redeem the first mortgage without paying the amount, due under the second mortgage. The two documents, therefore, practically constituted a single transaction.2. We therefore dismiss this application, but make no order as to costs....
Sukhdeo Ahir and anr. Vs. Baldeo Ahir and anr.
Court: Allahabad
Decided on: Jan-06-1949
Reported in: AIR1949All536
Mushtaq Ahmad, J.1. This is a defendants' application in revision against a decree passed in proceedings for redemption under Section 12. U.P. Agriculturists' Relief Act.2. The claim for redemption was made in respect of five mortgages of different dates made by the same person against different members of a joint Hindu family. It is now agreed that not only the mortgagor under the various mortgages was the same, but also the mortgagees under them had joint interests in the mortgagee rights.3. One of the pleas taken in defence was that the civil Court before which the suit had been filed had no jurisdiction but that it was the revenue Court which alone had jurisdiction to entertain the suit in view of the provisions of Section 10 of the said Act. The point taken was that as the mortgage money under every one of the five deeds was below Rs. 100 (Rs. 500?) it was only the revenue Court which could entertain the suit. The Courts below repelled this plea on the view that the aggregate mort...
Mt. Kiran Devi Vs. Madan Lal and anr.
Court: Allahabad
Decided on: Jan-05-1949
Reported in: AIR1949All631
Malik, C.J.1. This revision has been filed under Section 115, Civil P.C. against an order refusing to allow the applicant to sue in forma pauperis. The opposite party has urged that the applicant was in a position to pay the court-fee. The lower Court has held in favour of the opposite party and has believed the evidence of the witnesses produced by them that the applicant was given ornaments worth more than 500 at her wedding and she was still possessed of them and was in a position to pay the court-fee. The learned Counsel for the applicant has urged that ornaments are wearing apparels within the meaning of the term under Order 33, Rule 1, Civil P.C., and at least some of these ornaments which are generally worn by ladies of the status and position of the applicant, should not be taken into consideration. He has relied on a Division Bench ruling of the Calcutta High Court reported in Sm. Mabia Khatun v. Sheikh Satkari : AIR1927Cal309 , in which the learned Judges observed as follows:...
Nand Kumar Lal and ors. Vs. Kuber Lal and ors.
Court: Allahabad
Decided on: Jan-05-1949
Reported in: AIR1950All192
Wanchoo, J.1. This is a revision by Nand Kumar Lal and others against the order of the Civil Judge of Basti in a case under Section 12, U. P. Agriculturists' Relief Act.2. The plaintiffs opposite parties had brought a suit for redemption under Section 12, Agriculturists' Relief Act. The main point of dispute between the parties was whether the mortgage money had been paid up by the usufruct of the property. The trial Court decreed the suit on payment of a sum of Rs. 2,210-11-0 by the plaintiffs opposite parties. Both parties appealed and the lower appellate Court varied the decree of the trial Court and reduced the amount to be paid by the plaintiffs opposite parties to Rs. 920-11-0. The applicants have come up in revision to this Court and their contention is that the two Courts below have, in calculating the usufruct, invented a fanciful rule and have, therefore, acted illegally or with material irregularity in the exercise of their jurisdiction.3. A preliminary objection has been ta...
QamaruddIn HusaIn and ors. Vs. Mushtaq Ahmad
Court: Allahabad
Decided on: Jan-05-1949
Reported in: AIR1949All616; 1949CriLJ929
ORDERKaul, J.1. This is an application for revision of an order passed by the Additional City Magistrate, Lucknow, under Section 147, Criminal P. 0.2. On 29th January 1947, Ch. Muehtaq Ahmad made an application before the City Magistrate of Lucknow alleging that his wife and his mother-in-law owned two houses in mohalla Goluganj, and complaining that the way by which access was had to these houses, and the drain by which water from these houses flowed into the main drain on the public road were being obstructed by the present petitioners, Qamruddin Hasan, Shamshuddin Hasan and Waziruddin Hasan. He further alleged that when a protest was made against the obstruction the present petitioners threatened to use violence and accordingly there was an apprehension of a breach of peaco. Ha prayed for proceedings under Section 147 being taken in. respect of the right of way and the right to flow water through the drain to which reference was made in the application. The City Magistrate, Mr. B. D...
Ram Sahai and ors. Vs. Man Singh and ors.
Court: Allahabad
Decided on: Jan-04-1949
Reported in: AIR1952All398
Bind Basni Prasad, J.1. This is a plaintiffs appeal arising out of a suit in which the prayer was that the plaintiffs have a right to discharge the rain water from five spouts from the roof of their house. As regards three of the spouts, the defendants admitted the plaintiffs' right. The dispute was about only two of the spouts. Learned Munsif decreed the claim. The defendants went in appeal and the learned Civil Judge dismissed the plaintiffs' claim in respect of spouts C and D shown in the sketch map forming part of the decree of the trial Court.2. The finding of the learned Civil Judge is that the roof of the room from which these two spouts discharge water was formerly flat. The water dropped in the defendants' courtyard. Sometime thereafter, the flat roof was converted into a thatched roof with two thatches-one discharging water from its eaves towards the plaintiffs' courtyard and the other towards the defendants' courtyard. The thatched roof remained in existence for more than tw...
Mangal Singh and ors. Vs. Rex
Court: Allahabad
Decided on: Jan-01-1949
Reported in: AIR1949All599
ORDERDesai, J.1. The applicant Raja Ram Pandey has been convicted by the Sessions Judge of Jhansi under Section 411, Penal Code, and the other applicants, Mangal Singh and Ors. under Section 411 read with Section 109, Penal Code. They were tried along with Khitta, who was acquitted by the trial Court, for the theft of two bullocks belonging to Ram Prasad Patwari. The case for the prosecution was as follows:2. Ram Prasad was Patwari in village Patha up to December 1946. He used to do cultivation in the village jointly with Khitta. He owned three bullocks which used to be kept with Khitta. Khitta himself owned one bullock. In December 1946, the Patwari left Patha circle or was transferred from it. He sent his three bullocks to P.W. Sultan Singh and D.W. Narayanju, who are brothers living jointly in village Gurha Buzurg. In January he sent them to village Midarwara which adjoins village Patha. On 14th January 1947 they strayed from Midarvara to Khitta'a house in Patha. Raja Ram applicant ...
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