Allahabad Court March 1950 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Bhilloo Pandey Vs. Mt. Sheoraji and ors.
Court: Allahabad
Decided on: Mar-28-1950
Reported in: AIR1950All535
Agarwala, J.1. This is a defendant's appeal arising out of a suit foe possession after demolition of certain construction. The plaintiffs were five persons. They claimed that the defendant had, in building a house on his land, encroached upon the piece o land which belonged to them by making constructions thereon.2. Various defences were raised; one of them being that the plaintiffs were barred by the doctrine of acquiescence and estoppel. The trial Court found that part of the land in suit which belonged to plaintiffs 3 to 5 was undoubtedly encroached upon by the defendant-appellant in constructing the house. It also held that there was no estoppel but he said that since the house had been constructed six or seven years before the suit without protest the case was a fit one in which damages would meet that ends 'of justice. It, therefore, passed a decree in favour of plaintiffs 3 to 5 for recovery of a sum of Rs. 250 and dismissed the suit so far as plaintiffs 1 and 2 were concerned. ...
Mata Badal Singh and ors. Vs. Hanwant Prasad Singh and ors.
Court: Allahabad
Decided on: Mar-24-1950
Reported in: AIR1952All177
Brij Mohan Lal, J.1. This is an appeal by the defendants against a decree of the learned civil Judge of Partabgarh who confirmed a decree of the learned Additional Munsif. The latter had decreed the claim of the plaintiffs respondents in part. 2. Village Phulpur Mauri, in the district of Partabgarh, forms part of taluqa Shamshpur and is owned by Lal Baijnath Singh. The latter has created a trust of his, property, including village Phulpur Hauri, and has constituted the respondents, as trustees. 3. In this village stand three groves bearing Nos. 1035A, 1025B and 1029. Debi Bakhsh Singh, who died about 30 years ago, was the grove-holder in respect of them. In 1938, the appellants took possession of these groves and cut a mango tree from grove No. 1029. Thereupon the respondents instituted in 1941 the suit which has given rise to this second appeal. They asked for a decree for possession over the said groves and for a sum of Rs. 65 as compensation. It was alleged by them that Debi Bakhsh ...
Gur Prasad Vs. Habib Hasan and anr.
Court: Allahabad
Decided on: Mar-24-1950
Reported in: AIR1952All323
Chandiramani, J.1. This is the defendant's second appeal against the appellate decree of Mr. Shiam Manohar Tewari, Civil Judge, Faizabad, dated 12-4-1945. 2. It appears that one Haji Sheikh Fazal executed a mortgage on 21-3-1912 for Rs. 500 in respect of a kachcha house in favour of one Jawahar Lal. The two plaintiffs are the sons of the mortgagor and the defendant. Gur Prasad, is the son of the mortgagee. Under the terms of the mortgage, the mortgagee was allowed to remain in possession of the house in lieu of interest on Rs. 250 and aa regards the remaining sum of Rs. 250 it was provided that interest thereon shall be chargeable at 2 per cent. per month oom-poundable annually. It was also provided that the mortgagee would have the right to repair the property and recover the money from the mortgagor. It was also provided that the mortgagee could, if he thought it necessary, rebuild the house and whatever expenditure was incurred by him it would be recoverable from the mortgagor at 12...
Abdul Saeed Khan and anr. Vs. Mohmood Ali and anr.
Court: Allahabad
Decided on: Mar-24-1950
Reported in: AIR1950All467
Ghulam Hasan, J.1.This appeal has been referred to a Full Bench by an order of two learned Judges of this Court dated 29th March 1949 in view of the importance of the question arising upon the true interpretation of Sections 4, 8 and 9, U. P. Debt Redemption Act.2. A short pedigree which will serve to elucidate the facts is given below : BANDE HASAN MARRIED TO BATULAN _______________________________|___________ | | Sarfarazan Imtiazan | | ___|______________ ______________|__________ | | | | | Wilayatullah Shaflullab Nauaher Ali Maqsud Ali Yusuf Ali (defendant 4) (defendant 3) (deceased) (plaintiff 2) (deceased) | Mahmud Ali (plaintiff 1) 3. On 19th June 1886, Bande Hasan mortgaged with possession 30 Bighaa and 14 Biswas of Qasba Muhamdi, district Kheri, to Abdul Majid, now represented by his son Abdul Saeed Khan, defendant 1 for Rs. 600 at 12 per cent. per annum. He also executed a deed of further charge for Rs. 406 at the same rate of interest on 13th August 1890, and his widow Batula...
Bhola Vs. Lachman
Court: Allahabad
Decided on: Mar-24-1950
Reported in: AIR1950All475
ORDERRaghubar Dayal, J.1. This is a revision by Bhola against the order of the Sessions Judge, Budaun, confirming the order of a Magistrate, second class, making an order Under Section 133, requiring him to remove a certain obstruction, absolute.2. Two points were argued in this revision. One was that the learned Magistrate was not right in holding that there was no reliable evidence in support of the applicant's denial of a public right of way over the land in suit. I see no good reason to differ from the findings of the Courts below on this point.3. The main point urged in this revision is that the Tehsildar Magistrate, second class, was not competent to pass the order under revision in view of the fact that the applicant was not directed by the conditional order passed Under Section 133, Criminal P. C., to appear and show cause against it before this Magistrate. That order required him to appear before the Sub-Divisional Magistrate who had issued the order. The Sub-Divisional Magist...
Rex Through Municipal Board Vs. Uttam Chand
Court: Allahabad
Decided on: Mar-24-1950
Reported in: AIR1950All541
P.L. Bhargava, J.1. On 27th August 1948, Uttam Chand imported within the limits of the Municipal Board of Lalitpur one bag of corks used as stoppers for bottles or phials, without payment of the octroi duty assessed thereon by the Octroi Superintendent of the Board. The octroi duty was assessed under item 1, class IV, of the schedule of rates for such duty prepared by the Board, under Section 128, Sub-section (1), Clause (viii), United Provinces Municipalities Act (II [2] of 1916), Class iv of the schedule relates to 'articles used for building and furnishing purposes' and item 1 in this class is 'timber and wood and articles made thereof.' Appended to the schedule is a list of exemptions specifying the goods exempted from payment of octroi duty. The list opens with item 1, which reads thus: 'Packing materials are exempted from octroi duty.'2. Accordingly, Uttam Chand was prosecuted for committing a breach of Rules 144 and 146, Municipal Account Code, for failure to pay the octroi duty...
Lucknow Improvement Trust Vs. Ch. Mohd. Saddiq and ors.
Court: Allahabad
Decided on: Mar-23-1950
Reported in: AIR1952All346
Chandiramani, J.1. This is the defendant's appeal from the judgment and decree, dated 8th May 1945, of Shri Data Ram Misra, Civil Judge, Maliahabad, Lncknow.2. Sheikh Mohammad Sadiq, his brother Mohammad Baqar, his sister Malka Begam and his mother Fahima Begam are the plaintiffs in this suit. They claimed ownership of two plots of land ABCD and EFGH marked as properties Nos. 1 and 2 in the plan attached to the decree. It appears that the two plots are 101 feet 9 inches x 57 feet and 89 feet 6 inches x 57 feet. The plot marked as property No. 1 is situated to the north of Marris Market, Lucknow, and the other plot marked as property No. 2 is to the south of the Marris Market. The plaintiffs said that in 1983 the defendant, Lucknow Improvement Trust, framed a scheme called 'Marris Market Extension Scheme' which comprised only a 20 feet strip of land marked ABPQ and EPXY, but under Section 36, U. P. Town Improvement Act the entire properties Nos. 1 and 2 were notified for acquisition. On...
Babban Singh and ors. Vs. Ram Subhag Misir and ors.
Court: Allahabad
Decided on: Mar-23-1950
Reported in: AIR1950All466
Malik, C.J.1. This is a mortgagees' appeal against a decree passed by the lower Court directing the redemption of a mortgage dated. 15th April 1925, without payment of any sum on the ground that the whole of the mortgage money had been paid off out of the usufruct. The plaintiffs are some of the original mortgagors and the legal representatives of the others. The mortgage deed was executed in favour of some of the defendants and' the predecessors-in-interest of the others. The mortgage was for Rs. 6300 and in the mortgage deed it was provided that the income of the property would be taken by the mortgagees in full satisfaction of the interest and it was therefore that no rate of interest was mentioned in that document. The mortgage deed further provided that in case the mortgagees did not get possession of the property they would be entitled to claim interest at 2 per cent. per month.2. The plaintiffs' case was that out of the sum of Rs. 6300 the mortgagees had paid only Rs. 5500. That...
Raman Lal Vs. Bhagwan Das
Court: Allahabad
Decided on: Mar-23-1950
Reported in: AIR1950All583
Desai, J.1. This is an appeal by a plaintiff whose suit for ejectment of the defendant-respondent from a shop was decreed by a Munsif, but has been dismissed, on appeal, by an Additional Civil Judge. The facts are these.2. The appellant let out the shop to the respondent's father Lallo Mal for a period of eleven months on 23rd October 1942 on a monthly rent of Rs. 15. The period of the lease expired on 23rd September 1943 and Lallo Mal continued to be in possession, paying rent at the same rate of Rs. 15 per month which was accepted by the appellant. Lallo Mal died in January 1944, and the respondent continued in possession. The appellant did not recognise him as his tenant and refused to accept the rent offered by him. He asked him to vacate the shop and on his refusal filed the suit for possession, treating him as a trespasser. He had not given him any notice to quit. The suit was contested on the ground that the respondent had become a tenant by inheritance from his father and was n...
Ganga Sahai Vs. Nihal and anr.
Court: Allahabad
Decided on: Mar-22-1950
Reported in: AIR1952All310
ORDERV. Bhargava, J.1. This is a plaintiff's appeal arising out of a suit for injunction. The appellant obtained a simple money decree in Suit No. 1886 of 1929 against the respondents and in execution of that decree sixteen mango trees--12 situated in plot No. 139 and 4 situated in plot No. 210--were sold and purchased by the appellant. The sale was confirmed in his favour on 3-1-1934 and formal delivery of possession took place on 7-2 1934. Two of the trees were appropriated subsequently by the appellant. Then, shortly before this suit was brought, the appellant wanted to cut the remaining fourteen trees, but the respondents interfered with him. The appellant, therefore, brought this suit for an injunction restraining the respondents from interfering with his cutting of the trees. The suit was contested by the respondents inter alia on the ground that it was barred by time. The trial Court held that the suit was not barred by time and decreed it. The lower appellate Court, however, di...
- ‹ Prev
- 1
- 3
- 4
- 5
- 6
- Next ›
- Last »