Allahabad Court December 1950 Judgments
Jokhu Mal and ors. Vs. Gopi Mal
Court: Allahabad
Decided on: Dec-21-1950
Reported in: AIR1952All251
Agarwala, J. 1. The applicants in the above civil revision and the appellants in the connected Execution Second Appeal were the plaintiffs in a proceeding under Section 12, U. P. Agriculturists' Relief Act.2. The property in dispute was a half share in Khewat No. 16 of village Sultanpur Baragaon. This Khewat was owned by Gopimal, defendant-opposite party, to the extent of one half and by two other persons Bharosa Mal and Ram Swarup Mal who owned tbe other half. All these three co sharers had joint Sir and Khudkasht plots in the Khewat. On 14-6-1928, Bharosa Mal and Ram Swarup Mal executed a usufructuary mortgage of their half share in the Khewat in favour of their co sharer Gopi Mal. The mortgagors put Gopi Mal in possession of the mortgaged property including all those joint Sir and Khudkasht plots which were by mutual arrangement in their exclusive possession and did not retain or claim possession by virtue of ex-proprietary rights that accrued to them upon the execution of the mortg...
Tag this Judgment!Mt. Chunai Vs. Ram Prasad and ors.
Court: Allahabad
Decided on: Dec-21-1950
Reported in: AIR1951All167
Malik, C.J.1. I have had the benefit of reading the exhaustive judgment of my brother Mushtaq Ahmad.2. The facts are fully set out in the judgment of my learned brother, and it is, therefore, not necessary for me to deal with them in detail. The plaintiffs' suit was for redemption of a possessory mortgage dated 1-9-1881, executed, by Kanhai, Mahabir and Mahadeo in favour of Hathi Prasad. The mortgagors are all dead and their heirs and legal representatives, Bishwanath Prasad, Ajodhya Prasad and Lachmi Prasad, sold the property on 19-7-1941, to Ram Prasad and others, plaintiffs The suit was filed, by the legal representatives of the mortgagors as well as by the transferees for redemption of the mortgage. The mortgage deed provided that the amount borrowed would be paid to the mortgagee within a period of six months and, if the amount was not so paid, the mortgage deed would be deemed to be a sale deed and the mortgagee would become the owner of the property. The amount was not paid to t...
Tag this Judgment!Kumar Kant NaraIn Singh Vs. Chandrabhal Singh
Court: Allahabad
Decided on: Dec-21-1950
Reported in: AIR1951All603
Bind Basni Prasad, J.1. This is a revision from an order passed by the learned Civil Judge of Banaras refusing permission to the appct. to sue in forma pauperis.2. The dispute relates to the Banaras State. His Highness Captain Maharaja Sir Aditya Narain Singh was the last ruler of that State. The present ruler of the State is Maharaja Vibhuti Narain Singh. According to the opposite party, Maharaja Sir Aditya Narain Singh adopted him sometime in 1934. On 14-12-1934, this adoption was recognised & confirmed by the Govt. of India. Prior to his adoption, Maharaja Vibhuti Narain Singh's name was Babu Chandrabhal Singh & it is by that name that the appct. has arrayed him as a party in the pauper proceedings as well as in the suit. He assails the adoption & contends that he is the true heir to the Banaras State & as such entitled to all the properties which at present vest in the opposite party as the alleged ruler of that State. He proposes to sue the opposite party for the possession of tho...
Tag this Judgment!L. Ganga Prasad Vs. Mst. Saroop Dei
Court: Allahabad
Decided on: Dec-20-1950
Reported in: AIR1951All568
P.L. Bhargava, J.1. Sm. Sarup Dei, the pltf-resp. is the owner of a shop in village Dhanaura, pargana Hasanpur, in the Moradabad District. On 6-5-1945, she had let out the shop to Ganga Prasad, the deft-applt. for one year on a yearly rental of Rs. 125/-. After the expiry of the term of the lease the shop was not vacated by the deft. Accordingly, on 9-8-1946, the pltf instituted the suit, which has given rise to this-appeal, for ejectment of the deft from the shop; On 29-3-1947, the trial Ct dismissed the suit for ejectment on the ground that it was barred' in view of the provisions of Section 3, United Provinces (Temporary) Control of Rent and Eviction Act III (3) of 1947.2. The pltf thereupon filed an appln for review, on 2-4-1947. She pointed out that Act III (3) of 1947 had not been made applicable to Dhanaura, where the shop was situate. As the suit was not, in fact, governed by the provisions of the said Act, the trial Ct granted the appln for review, set aside the dismissal of t...
Tag this Judgment!Ram NaraIn Vs. State
Court: Allahabad
Decided on: Dec-19-1950
Reported in: AIR1952All436
ORDERKidwai, J. 1. On the 18th of August 1948, Ram Narain lodged a report at police station Beniganj to the effect that his pocket had been picked by one Ram Bharosey at the railway station at Beniganjand that the pick pocket had attempted to escape but was caught. It was further state that the guard of the train banded over the man caught to the station master but, because of the latter's hostility to Ram Narain, the accused was not searched but was allowed to go. The Station officer of Beniganj forwarded the report to the Station Officer G.R.P. Hardoi for investigationsince the offence had occurred on the railway.The station officer G.R.P. Hardoi came to the conclusion that a false report had been filed by Ram Narain since his pocket had not been picked.He accordingly filed a complaint under Section 182, penal Code against Ram Narain. Ram Narain was convinced and sentenced to pay a fine of Rs. 40. He applied in revision to the Sessions Judge of Hardoi,who has referred the case with t...
Tag this Judgment!Mahabir Prasad Vs. Enayat Elahi and ors.
Court: Allahabad
Decided on: Dec-18-1950
Reported in: AIR1951All608
V. Bhargava, J.1. This is a deft.'s appeal arising out of a suit brought by the pltf.. resp. for recovery of a sum of Rs. 1000/- as value of mango fruits of a grove being the crop for 1351 Fasli. The case of the pltf.-resp. was that a lease of the crops of this grove was granted to one Riazuddin for five years, viz., 1347 to 1351 Fasli by one Baburam as Manager of a temple. The lessee rights of Riazuddin were acquired by the pltf.-resp. In 1351 F. inspite of the fact that these lessee rights still vested in the pltf.-resp. the crop had been removed by the deft.-applt. who claimed their title from Bhagwan Das, father of the deft.-applt. Consequently, the pltf.-resp. claimed the sum of Rs. 1000/- as the price of the fruits of the trees removed by the deft.-applt.2. The applt. contested the suit denying that there was any valid lease in favour of Riazuddin under which rights could ultimately pass to the pltf.-resp. The case of the deft.-applt. was that, after Baburam, his father Bhagwan D...
Tag this Judgment!Pahalwan Vs. State Through Nihore Nonia and ors.
Court: Allahabad
Decided on: Dec-14-1950
Reported in: AIR1951All620
ORDERP.L. Bhargava, J.1. In this revn. an order passed by a Mag. of the first class of Ghazipur, in a proceeding under Section 145, Cr. P. C., is being challenged. The order was made after an inquiry as regards possession over the land in dispute, in the manner laid down in Sub-section (4) of Section 145 of the Code. Having considered the effect of the evidence produced before him, the learned Mag. found that the second party was in possession of the land & the first party was not in possession on the relevant date; and made the order under Sub-section (6) of the same section. The order has been affirmed in revn. by the learned Ses. J. of Ghazipur.2. Learned counsel for the first party has, in this revn., argued that the Mag. ignored two decrees of a competent revenue Ct, under Section 59, U. P. Tenancy Act in favour of the first party; and that in face of those decrees the order in question could & should not have been made The decrees were merely declaratory in nature; and it was adm...
Tag this Judgment!Abdul Wahab Khan Vs. Mohd. Hamid Ullah
Court: Allahabad
Decided on: Dec-12-1950
Reported in: AIR1951All238
C.J. Agarwala, J.1. Mohammad Hamiduallah made an appln. under Section 145, Criminal P. C. complaining that Abdul Wahab Khan was trying to close the door of his (Mohammad Hamidullah's) house opening into a lane as also a drain passing through the lane & joining the municipal drain by constructing a wall across the door. Ho alleged that he had been using the lane for passage through the door for the last 20 years & that the action of the opposite party was likely to cause a breach of the peace. The appln., though ostensibly made under Section 145, was in reality under Section 147, Criminal P.C.2. The Mag. issued notice to the opposite party who replied that he was the owner of the lane on which the appct. claimed a right of way. According to him, the appct. had opened the door in question a short time ago during his absence from Allahabad. He denied the existence of the drain & the right of way claimed by Mohammad Hamiduallah.3. The Mag. found that the open land had been used as a lane b...
Tag this Judgment!Raj Bahadur Lal and ors. Vs. Sitla Prasad and ors.
Court: Allahabad
Decided on: Dec-12-1950
Reported in: AIR1951All596
Malik, C.J.1. This is a defts' appeal arising out of a suit for possession of six sir plots situate in village Mahewa Kalan, Mahal Ramkumar Uparwar, Patti Sitla Prasad, area 6 bighas 15 biswas, & for mesne profits.2. The suit was dismissed by the trial Ct. but the lower appellate Court set aside that decree and gave the plts. a decree for possession over the plots in suit & also for recovery of Rs. 180/- as mesne profits.3. A learned single Judge of this Ct. dismissed the appeal but gave leave to the defts. to file an appeal under the Letters Patent.4. This case had to be put up for hearing on several dates as the facts were not clearly stated in the judgments of the lower Cts. & we had great difficulty in finding out what the correct facts were. Learned counsel have, however, given us agreed facts now & we can, on the basis of those agreed facts, proceed to decide the case.5. A short pedigree of the family may be helpful: One Ganga Bishun had two sons, Hira Lal & Raghubar Dayal. Raghu...
Tag this Judgment!Raja Ram and ors. Vs. State
Court: Allahabad
Decided on: Dec-11-1950
Reported in: AIR1953All133
Malik, C.J.1. This is an application under Article 134(1)(c) of the Constitution for leave to appeal to the Supreme Court. The applicants were convicted under Section 302, I. P. C., and each of them was sentenced to death by the learned Sessions Judge of Faizabad on the 18th April 1950. The charge against the applicants was that on the 10th October 1949 they had murdered one Chhutkun at about sunset. The evidence against the applicants consisted of the statements of eight persons who claimed that they were eye-witnesses to the murder. There was also the dying declaration of the deceased made before the village Sarpanch Dubri Sharma and Asharam Panch. The learned Sessions Judge believed the evidence, and was satisfied that the guilt had been fully brought home to the accused. On appeal, a Bench of this Court considered the evidence and agreed with the' learned Sessions Judge that the evidence of the prosecution witnesses was reliable and the accused had been satisfactorily proved to hav...
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