Allahabad Court December 1950 Judgments
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Bhola Nath Vs. Mt. Kaso Devi and ors.
Court: Allahabad
Decided on: Dec-08-1950
Reported in: AIR1951All601
Agarwala, J.1. This appeal arises out of execution proceedings. One Debi Das had six sons, Shyam Sunder Das, Gauri Shanker, Ram Chander, Balkrishna, Mohan Lal & Ram Kishan. Ram Kishen died leaving a widow Mt. Kaso Devi- respt. She sued her husband's brothers & obtained a decree, on 9-1-30 for future maintenance under which a charge was created upon certain family properties including a l/6th share in a partnership firm known as Krishna & Co. carrying on its business at Banaras city. Gauri Shanker's share was later on acquired by Mohan Lal, the 5th brother, & in this way Shay am Sunder Das, Ram Chander & Balkrishna were partners in the partnership firm of l/5th each out of l/6th share & Mohan Lal's share was 2/5th out of l/6th share.2. In 1935 Sita Ram, one of the patnrs. of Krishna & Co., filed a suit for the dissolution of the partnership & for accounts. To this suit all the other patnrs. including Shyam Sunder Das, Gauri Shanker, Ram Chander, Balkrishna & Mohan Lal were parties. On 2...
Baboo Ram Agarwal Vs. the State
Court: Allahabad
Decided on: Dec-08-1950
Reported in: AIR1951All838
Ghulam Hasan, J.1. This is an application by one Babu Ram Agarwal under Section 491, Criminal P. C. challenging the illegality of his arrest and detention and praying that he may be released.2. The material facts antecedent to the arrest of Babu Ram Agarwal will appear from the affidavit of Mr. C.P. Srivastava, City Magistrate, Lucknow. Babu Bam Agarwal is the proprietor of Jai Hind Iron Stores, La Touche Road, Lucknow, which was established about four years ago. He was previously employed with the Agarwal Metal Stores, La Touche Road, on a fixed salary. It appears that the District Magistrate received information that Babu Bam Agarwal was a habitual black-marketeer and used to sell iron goods, for which he had no licence, above the controlled rates. He disputed Mr. C.P. Srivastava to make secret enquiries about his dealings. Mr. Srivastava arranged a fake deal and asked Mr. Ved Prakash, Deputy Collector, to pose as a purchaser. He gave him RS. 120 in currency notes duly initialled by ...
Mst. Sunder Vs. Lalta Prasad
Court: Allahabad
Decided on: Dec-07-1950
Reported in: AIR1956All211
Sapru, J.1. This is a plaintiff's second appeal. This appellant who is the landlord of the house in dispute brought a suit for ejectment against the respondent who is her tenant on various allegations. The learned Munsif decreed the suit, holding that the appellant was entitled to eject the respondent as he had been creating a nuisance. Against the decree of the learned Munsif, there was an appeal by the respondent to the lower appellate Court.The learned Civil Judge allowed the appeal and, dismissed the plaintiff's suit, holding that it could not in law be said that the defendant had been creating a nuisance and that it was, therefore, necessary for her (the plaintiff) to obtain the District Magistrate's permission before bringing the suit under the U. P. (Temporary) Control of Rent and Eviction Act (3 of 1947). The. plaintiff has come up in appeal to this Court.2. In dismissing the plaintiff's suit and allowing the defendant's appeal, the learned Judge has not dissented from the find...
Ballabh Das and anr. Vs. Shiva Prasad
Court: Allahabad
Decided on: Dec-07-1950
Reported in: AIR1951All245
Ghulam Hasan, J.1. This appeal originally came up for hearing before V. Bhargava J., who refed. it to a Bench of two Judges for decision. The Bench in its turn refd. it to a F. B. in view of the importance of the question arising in the appeal.2. Sheo Prasad and Ors executed a mtge. in favour of Ballabh Das & Madan Murari. A preliminary decree for sale on foot of this mtge. was passed in favour of the mtgees. on 21-12-1929, for Rs. 9,418-11-5. This decree was made final on 11-2-1938. Several unsuccessful applns. for execution were made from time to time by the D. Hs., but we are concerned only with the last two applns. One of such applns. was made on 7-7-1943, for recovery of Rs. 2,245-11-5 the share of Sheo Prasad only. The following day the office reported that the appln. was in conformity with the provisions of Order XXI Rule. 11, Civil P. C. In consequence of this report the order passed on 13th July was to register the appln. & to issue notice to the J. Ds. for 14th August. On thi...
L. Hazari Lal Vs. L. Ram Kumar and anr.
Court: Allahabad
Decided on: Dec-07-1950
Reported in: AIR1951All572
Agarwala, J.1. This is a decree-holder's appeal. Four persons Siraj Ahmad, Abdul Salam, Shamsul Salam and Mt. Saidunnisa executed a simple mtge of three items of property on 31-5-1922, in favour of the applt L. Hazari Lal for rupees two thousand. One of the items of the mtged properties was a share in Patti Sabz Mahal Wazirunnissa. On 2-12-1926, the mortgagors, Siraj Ahmad & others, executed a second mortgage of all the three items of property in favour of Ram Kumar & Raghubir Saran, resps 1 & 2, for a sum of rupees four thousand. The entire mtge money due under the first mtge of 1922 was left in the hands of the mtgees to be paid to the prior mtgee, Hazari Lal. In 1931 a suit was filed on the basis of the first mtge the subsequent mtgees Ram Kumar & Raghubir Saran were impleaded as defts & a final decree for sale was obtained by Hazari Lal on 4-7-1936. During the pendency of this suit Ram Kumar & Raghubir Saran purchased, in execution of a simple money decree as against Saidunnissa, o...
Puran Chandra Vs. Rex
Court: Allahabad
Decided on: Dec-07-1950
Reported in: AIR1951All628
ORDERP.L. Bhargava, J.1. Shri Puran Chand is the brother & general agent of Sm. Basanti Devi, who is the owner of a garden-house in Pilibhit. Attached to the garden house is a garage & a store room. As they are covered by the defintion of 'accommodation' in S. 2 (a), U. P. (Temporary) Control of Rent and Eviction Act, 1947, they will hereafter be referred to as the accommodation. In June 1947 the accommodation was, for the first time, let out on a monthly rental of Rs. 60 p. m. by Puran Chand to the Hindustan Construction Company Ltd., Pilibhit. On 17 3-1947, the Dist. Mag. of Pilibhit had, under s. 7, sub-s. (l) of the Act, issued a general order requiring all landlords, i.e., owners of house property within Pilibhit or Bisalpur Municipality to give intimation to the 'Town Rationing Officer', Pilibhit of any accommodation owned by them which had fallen vacant & prohibiting the letting of such accommodation to any person without his consent or that of the 'T. R. O.', Pilibhit.2. In the...
Chandrabir Singh Vs. Samresh Singh
Court: Allahabad
Decided on: Dec-06-1950
Reported in: AIR1952All461
ORDERKidwai, J.1. Chandrabir Singh applicant filed a complaint against Kumar Singh and his son Samresh Singh, who are his Ziledars and general agents, charging them with embezzlement of certain monies. Kumar Singh was acquitted bythe trial Court; and an application in revision against his acquittal was dismissed by the Additional Sessions Judge of Bahraich. There has been no farther application against him. 2. Samresh Singh was convicted by the learned Magistrate of Bahraich under Section 408, Penal Code and sentenced to rigorous imprisonment for three months and was directed to pay a fine of Rs. 200. He appealed and Chandrabir Singh applied in revision for enhancement of sentence. 3. The learned Additional Sessions Judge of Bahraieh dismissed the revision application of Chandrabir Singh and allowed the appeal of Samresh Singh. The findings that the learned Judge gives are very confused and he does not seem to have applied his mind to the real points for determination. In the view whic...
Ajaibul Hassan Vs. S. Chiranji Lal and anr.
Court: Allahabad
Decided on: Dec-06-1950
Reported in: AIR1951All564
Mushtaq Ahmad, J.1. Pending a suit on a mtge, under which the machinery, the furniture & other paraphernalia of a cinema house had been pledged, the opposite party 1 was appointed a sapurdar by the learned Munsif of Chandausi under an order dated 29-11-1949. The building in which these items of property had been installed was not a part of the security. In fact it could not be, as the defts in the mtge suit held the building only as lessees on behalf of the original owner or owners for the purpose of running a cinema show. All the same, those things had been permanently fixed & installed in the Hall &, as found by the learned Munsif, when the sapurdar (opposite party 1) was put in possession of the properties mortgaged, he had necessarily to be put in possession of the building also. He was in fact put in possession of the building under the order dated 29-11-1949 appointing him a sapurdar.2. In the course of his functions as sapurdar the opposite party 1 was found to have misbehaved. ...
Municipal Board Vs. Mansa
Court: Allahabad
Decided on: Dec-06-1950
Reported in: AIR1951All634
V. Bhargava, J.1. These four appeals arise out of four different suits which were exactly similar in nature & which had been heard together by both the lower Cts. One single judgment has governed all the four suits in both the lower Cts. and, therefore, these appeals are dealt with together in this Ct. also. In all these four suits the pltfs. had claimed that they were owners of the sites of their houses situated in mohalla Chahkatoti within the limits of the Municipality of Mathura. Action had been taken by the Municipal Board to realise arrears of rent for the land of the houses from these pltfs. under the Municipalities Act. Thereupon these suits were brought for a declaration that the pltfs. themselves were the owners of the sites of the houses & that they were not liable to pay any rent at all to the Municipal Board. There was further a prayer for an injunction restraining the Municipal Board from continuing the processes for realisation of the arrears of rent & for a direction or...
Audh Behari Lal and ors. Vs. Faqir Rai and anr.
Court: Allahabad
Decided on: Dec-05-1950
Reported in: AIR1950All236
V. Bhargava, J.1. These two appeals arise out of two suits brought by the pltf.-resp. against the deft.-resp. in the two appeals for possession over certain plots of land & for demolition of constructions put up on them by the applts. Both the suits were dismissed by the trial Ct. & appeals were filed by the pltf.-resp. which came up for hearing before the lower appellate Ct. on 15-10-1947. An appln. was presented by the pltf.-resp. that a compromise had been arrived at between the parties, that the compromise be recorded & the appeals be decided in terms of that compromise. The lower appellate Ct. made enquiries as to whether a compromise had been entered into & held that there had been a compromise which was binding between the parties to the appeals. It directed that the compromise be recorded & decided both the appeals in terms of the compromise. It is against the decree thus passed by the lower appellate Ct. that the applts. have come up in these second appeals.2. When these appea...
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