Allahabad Court August 1949 Judgments
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H. C. D. Mathur, Secy. of the National Federation of Railway Vs. E.i. ...
Court: Allahabad
Decided on: Aug-18-1949
Reported in: AIR1950All80
ORDER1. One Fazal Husain, a railway employee, was retrenched in 1931, but in 1911 the Railway Board re-instated him. He was, however, given a lower grade-- that of permanent way mistry and posted to Sitapur.2. On 21st September 1943, Mr. Mathur, General-Secretary o the National Federation of Railwaymen, an unregistered union, with the written consent of Fazal Husain, applied under Section 15(2), Payment of Wages Act, to the authority appointed under that Act for the Sitapur area, for permission to present an application and to act on behalf of Fazal Husain in a matter of a so-called deduction in his wages.3. Mr. R. B. Pradhan, who was then performing the functions of the authority, by his order of the same date, granted the necessary permission, whereupon Mr. Mathur immediately presented an application, on behlaf of Fazal Husain, under Section 15(3) of the Act. In this application it was claimed that a sum of Rs. 252-11-0 had been wrongly deducted from the salary of Fazal Husain for va...
Shri Thakurji Mahraj Thakur Dwara Vs. Jangoo Singh and ors.
Court: Allahabad
Decided on: Aug-18-1949
Reported in: AIR1950All105
ORDERChandiramani, J.1. This application arises out of the appellate decree of Mr. Ekbal Hussain, Civil Judge, Hardoi, dated 18th September 1944.2. The opposite parties applied under Section 12, Agriculturists' Relief Act for redemption of a mortgage executed by their predecessor-in-interest in favour of the predecessor-in-interest of the applicant. This mortgage was executed in 1908 for Rs. 1900 and possession was given to the mortgagee in 1909. The opposite parties alleging that the mortgagee in possession had been paid off entirely by the usufruct of the property, sought to redeem it without paying anything. The only question in dispute was the amount of realisation made by the mortgagee while in possession right upto the date of the application. The trial Court came to the conclusion that Rs. 1243-1-0 were due. The mortgagors went up in appeal and urged that in certain specified years the income actually derived by the mortgagee was Rs. 156 a year and not the amount shown in the mo...
Lakshmi Lal Vs. Joshi Girdharji and anr.
Court: Allahabad
Decided on: Aug-11-1949
Reported in: AIR1950All49
Malik, C.J.1. This is a defendant's appeal, and the plaintiffs have filed a cross-objection.2. On 30th April 1935, a mortgage was executed by the defendants in favour of Joshi Damodar Ji, the ancestor of the plaintiffs. The mortgage was for a lac of rupees and the amount was payable with interest at 10 annas per cent. per mensem according to the Hindi calendar. A sum of Rs. 15,690 was paid towards interest and the suit was filed for recovery of Rs. 1,30,080/13/4.3. The defence was that the defendants were agriculturists and the plaintiffs were creditors and the defendants were, therefore, entitled to the benefits given under the Agriculturists' Relief Act. It was further pleaded that the plaintiffs had not maintained proper accounts as required, nor had they sent the accounts to the defendants and the plaintiffs were, therefore, not entitled to claim interest and costs. The plaintiffs filed a replication in which it was denied that the defendants were agriculturists or were entitled to...
S.S. Yusuf Vs. Rex
Court: Allahabad
Decided on: Aug-11-1949
Reported in: AIR1950All69
ORDERKidwai, J.1. On 31st March 1948, an order was issued under Section 3(1) (a), U. P. Maintenance of Public Order Act for the detention of Shri Santa Singh Yusuf, a communist leader of Kanpur. He could not, however, be found till 28th May 1948, when he was arrested and incarcerated in the Naini Central prison at Allahabad. He moved an application under Section 491, Criminal P. C., and, by its order dated 24th September 1948, the Allahabad Bench of the High Court held the detention to be illegal and directed the petitioner's release.2. The petitioner was actually released from confinement on 29th September 1948, but on the same day, on coming out of jail, an order under Section 3 (1) (b), (c) and (f) was served upon him prohibiting his entry into certain districts and directing him to proceed along a particular route and by a particular train to Sitapur where he was to remain within the confines of the Municipality and was to report himself to the Deputy Commissioner, or his nominee, ...
Suraj Bali and ors. Vs. Rang Bahadur Singh and anr.
Court: Allahabad
Decided on: Aug-11-1949
Reported in: AIR1950All88
ORDERSeth, J.1. The mortgagor did not pay the amount as required by the preliminary decree, nor did the mortgagees apply for a final decree and the matter rested at that.2. The trial Court dismissed the suit holding that the right of the plaintiffs to redeem had been extinguished by the preliminary decree mentioned above, that the claim for redemption was barred by res judicata that the plaintiffs have failed to prove the mortgage set up by them, and that the claim was barred by limitation. It left other issues undetermined. The lower appellate Court held that the earlier preliminary decree dated 7th September 1907, did not extinguish the right of redemption, that the defendants had failed to prove that the mortgage was more than 60 years' old and that, therefore, the claim was barred by limitation. It, therefore, set aside the decree of the trial Court and having decided the remaining issues in the case passed a decree for redemption without any payment.3. It is contended on behalf of...
Lachmi Lal and anr. Vs. Babu NaraIn Das and anr.
Court: Allahabad
Decided on: Aug-11-1949
Reported in: AIR1950All152
Malik, C.J.1. This is a defendants' appeal against a decree passed by the learned Civil Judge of Banaras in a suit for recovery of money due on two sarkhats. On 29th December 1931, the defendants had borrowed a sum of Rs. 6,000/-from the plaintiffs on the basis of a sarkhat, carrying interest at 10 annas per cent. per mensem. The interest was regularly paid and Rs. 3,900/- was paid towards the principal, with the result that on 25th September 1940, the amount that had remained due under this sarkhat was only Rs. 2,100/-. On 1st July 1932 a second sarkhat had been executed for Rs. 4,000/-and the amount was payable with interest at 10 annas per cent. per mensem. Interest on this sarkhat was also paid regularly on the due dates, but nothing was paid towards the principal and on 1st October 1940, Rs. 4,000/- had remained due to the creditors. On 26th September 1940, and 1st October 1940, fresh sarkhats were executed by the defendants for Rs. 2,100/- and Rs. 4,000/- the amounts due under th...
Brij Jivan Lal and anr. Vs. Shiam Lal and ors.
Court: Allahabad
Decided on: Aug-10-1949
Reported in: AIR1950All57
Wanchoo, J.1. This is a second appeal by Goswami Brij Jiwan Lal and another against the order of the Civil Judge of Mathura.2. The facts are that a suit was brought by Goswami Brij Jiwan Lal and another against Goswami Chagan Lal and others in 1933 in the Court of the Munsif of Mathura which was numbered as suit No. 319 of 1933. One of the plaintiffs of that suit died and no application was made, within ninety days of the death of the deceased plaintiff, to bring his heirs on the record. One of the defendants also died and in his case as well no application was made within the time allowed by law to bring his heirs on the record. Thereupon an application was made, on behalf of the main contesting defendants in the suit, pointing out that the suit had abated. The fact that one of the plaintiffs and one of the defendants had died more than ninety days before the application was made and that their heirs had not been brought on the record is not in dispute. The Munsif, after hearing both,...
NaraIn Das Kasaudhan Vs. Chhotu
Court: Allahabad
Decided on: Aug-10-1949
Reported in: AIR1950All90
ORDERSeth, J.1. The applicant is the owner of certain shops. The opposite party, who was the plaintiff in the Court below, was occupying a shop belonging to the applicant. He instituted a suit purporting to be a suit under Section 5(4), U. P. Ordinance (NO. III [3] :of 1946). He alleged that according to the municipal assessment the rest came to Rs. 6 per month and prayed that a reasonable rent be fixed by the Court. The suit was instituted on 20th November 1946. The U. P. Rent Control Act, III [3] of 1947 came into force with retrospective effect from October 1946. It was, therefore, applicable to the present suit and the present suit may be deemed to be a suit under the Act. It is not, however, necessary to decide whether the suit is to be treated to be a suit under the Ordinance or to be a suit under the Act, for in either view I am of the opinion that the suit was not maintainable.2. The Ordinance and the Act both provide that the rent payable by a tenant shall be the rent agreed u...
Bhagwati Saran Vs. Gargi DIn and anr.
Court: Allahabad
Decided on: Aug-10-1949
Reported in: AIR1950All186
Chandiramani, J.1. This is the defendant's second appeal against the appellate decree of Mr. Mohammad Tufail Ahmad, Additional Civil Judge of Lucknow, dated 26th January 1944.2. It would appear that the plaintiff respondent purchased from one Jagannath a certain house by a sale deed dated 9th March 1908. The eastern boundary, which is material for purposes of the appeal, was described as 'deewar makan haza mulhiq ba bagh.' The plaintiff gifted this house to his wife. The plaintiff and his wife both then mortgaged the house to Munnu Lal on 22nd October 1926 (EX. 3). The eastern boundary of the mortgaged house was now described as 'deewar makan haza mulhiq bagh jo ab rasta am hai.' In 1931 the plaintiff and his wife executed another mortgage of the very same property in favour of Behari Lal defendant 2. The eastern boundary was now described as 'rasta.' In all the three documents already referred to the other boundaries remained the same. It appears that in 1927 a portion of open land im...
Ram Prasad and anr. Vs. Lala Hansraj and anr.
Court: Allahabad
Decided on: Aug-10-1949
Reported in: AIR1950All106
Wanchoo, J.1. This is an appeal by Ram Prasad and Jagannath against the order of the District Judge of Banaras by which be confirm-ed the order of the Munsif, Havali, Banaras in an execution matter.2. The facts leading up to this appeal are these. The present appellants had purchased certain property from the respondents. They were unable to pay up the entire purchase price and, in lieu of the unpaid balance, had executed a mortgage in favour of the respondents. The respondents sued on the basis of this mortgage and got a decree. The appellants being agriculturists, this decree was amended in accordance with the provisions of the U. P. Agriculturists' Relief Act. Later when the decree was put in execution, the appellants claimed that the land was 'protected land' and could not be sold. The success of the appellants on this plea depended upon the fact whether the transaction on the basis of which the decree was passed was a 'loan' or 'in substance a loan,' The contention of the opposite...
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