Allahabad Court March 1950 Judgments
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Lal Madho Singh and ors. Vs. Abdul Qaiyum Khan
Court: Allahabad
Decided on: Mar-20-1950
Reported in: AIR1950All505
Agarwala, J.1. This is a defendants' appeal arising out of a suit for demolition of certain constructions made by the defendants-appellants in plots Nos. 180 and 181/1 in village Ainadih, district Allahabad.2. The plaintiff-respondent is a zamindar of the village and the defendants-appellants are tenants as well as riyayas. The defendants-appellants have a house in the abadi of the village-on plot No. 180; and plot No. 181/1 is an agricultural plot under their occupancy tenancy. On the finding of the Courts below, which is not disputed before me, they extended their house so as to cover the land either of plot No. 180 or of plot No. 181/1 or both. It has not been decided by the Courts below whether the disputed constructions were in one of the plots or in both.3. The defendant's main case was that they were entitled to build upon their occupancy plot No. 181/1 because the construction being an extension of their residential house amounted to an improvement within the meaning of Section...
Hukum Tej Pratap Singh Vs. Collector of Etah in Charge of Estates of R ...
Court: Allahabad
Decided on: Mar-20-1950
Reported in: AIR1953All766
Malik, C.J.1. This is an appeal against an order of the learned Civil Judge of Etah dismissing the plaintiff's suit on the ground that the plaintiff's adoption was invalid inasmuch as the power to adopt given under a document dated 3-11-1909 gave that power only if Raja Sanwal Singh, the executant of the deed, had no son or daughter born to him and as Raja Sanwal Singh left a daughter his second widow could not adopt the plaintiff as she is alleged to have done on 27-4-1932.2. The property in suit is a valuable estate and is known as Rajhore Estate. The Rajas of Rajhore claim to be direct descendants of Raja Pirthviraj of historical fame and are Chauhan Rajputs, The property appertaining to the Raj is impartible property and during the last several generations has always descended to a single male heir. The last Raja of Rajhore was Raja Sanwal Singh who died on 7-9-1918. At the time of his death he left two wives--Rani Bhagwan Kuer, the elder and Rani Gulab Kual, the younger.3. Raja Sa...
Amir Mohammad Khan and ors. Vs. Mohammad Ahsan Khan and ors.
Court: Allahabad
Decided on: Mar-17-1950
Reported in: AIR1950All491
Agarwala, J.1. These are three connected appeals and a cross-objection arising out of a suit for pre-emption. Mt. Hafis Fatima and Mt. Qadir Fatima were owners of a two-third share in zamindari in certain khewats in village Shahjahanpur, pergana Kithore, tehsil Mowana, district Meerut. There were certain abadi plots also appertaining to these khewals, in which the two ladies had a two-third share. On some of these abadi plots there were houses of the vendors as wall as of riyayas.2. On 21st September 1943, Mt. Hafiz Fatima and Mt. Qadir Fatima sold their two-third share in certain specified abadi plots to Sher Zeman Khan and Abdul Rauf Khan for a sum of Rs. 3,000/-. It is a matter of dispute whether by this sale-deed they transferred the rights of the vendors in the houses that stood on the plots. On 10th November 1943, the two ladies executed a deed of rectification in respect of the sale-deed of 21st September 1943. This deed of rectification is not questioned by any party in this li...
Harpal Singh Vs. State
Court: Allahabad
Decided on: Mar-17-1950
Reported in: AIR1950All562
Raghubar Dayal, J.1. This is an application under Section 491, Criminal P. C., by Harpal Singh, security prisoner in the Central Prison, Bareilly, in the following circumstances:2. The applicant was arrested on 29th May 1949. The Provincial Government ordered on 6th Jane 1949 his detention for six months under Section 3 (1) (a), U. P. Maintenance of Public Order (Temporary) Act (IV [4] of 1947). He was transferred to the Central Prison, Bareilly, where he remained in detention till 6th December 1949. He was transferred to Aligarh on 6th December. There, on 6th December he was served with the order of the District Magistrate, Aligarh. This order, D/-4th December 1949, directed him under Section 3 (1) (d) of the Act not to disseminate any news or propagate any opinions prejudicial to the public safety and the maintenance of public order etc., etc., and under section 3 (1) (f) to keep the peace and to abstain from participating directly or indirectly in any activities, subversive of law a...
Muhamad Hasan Khan Vs. L. Bhikhari Lal and ors.
Court: Allahabad
Decided on: Mar-16-1950
Reported in: AIR1950All534
Malik, C.J.1. This is a Letters Patent Appeal- The plaintiff had filed a suit No. 262 of 1943 for pre-emption. The defendants-vendees had claimed that they were not strangers and that the plaintiff was, therefore, not entitled to claim pre-emption as against them. The suit was decreed by the trial Court on a finding that the defendants-vendees were strangers and that the vendor had, therefore, no right to sell the property to them in preference to the plain-tiff. This decree was affirmed by the lower appellate Court, and the appeal filed there on behalf of the defendants was dismissed. After the dismissal of the appeal the defendants-vendees filed an application for review on the ground that they had discovered some fresh documentary evidence which clearly proved that they were co-sharers and were not strangers.2. Order 47, Rule 1, Civil P. C., is in the these terms.'(1) Any person considering himself aggrieved(a) by a decree or order from which an appeal is allowed, but from which no ...
Mrs. Annie Baron Vs. B.K. Baron
Court: Allahabad
Decided on: Mar-15-1950
Reported in: AIR1950All516
Agarwala, J.1. This is an appeal by Mrs. Annie Baron against an order dismissing her petition for judicial 'divorce and for consequential relief.2. The parties were married on 11th October 1930 at the Methodist Church at Almora. Of this marriage they had three children, two boys and a girl. The eldest boy was born in December 1931. In March 1984 a girl was born and in September 1988 a second son was born. According to the appellant, for about four or five months after the marriage, the parties lived happily, but after that the respondent began exhibiting a disposition of distrust in money matters towards the appellant. The appellant alleged that the niggardly and distrustful behaviour on the part of the respondent began to increase as time went on; that the opposite party began to abuse and scold the appellant in the most filthy and obscene language on the slightest provocation, called her a bastard and a woman of low extraction and made her perform the most arduous and menial tasks. T...
B. Nathoo Ram Khanna Vs. Shri Krishna Ji Maharaj and ors.
Court: Allahabad
Decided on: Mar-15-1950
Reported in: AIR1950All520
Sapru, J.1. This is an appeal by the plaintiff against an order of the Civil Judge of Moradabad directing him to make good a deficiency in court-fee which was discovered after the institution of the suit.2. The suit was instituted on 4th August 1946. On a question of the sufficiency of court-fee having been raised by the Inspector of Stamps, Mr. D. P. Mehrotra, who was then the Civil Judge, held that the court-fee paid was sufficient. At the time that order wag made, no appearance had been entered by the defendants. Subsequently, in the written statement filed by them, the question of court-fee was again raised. Thereafter an issue was framed by Mr. D. P. Kumar who , had succeeded Mr. Mehrotra as Civil Judge, and he, on 16th April 1948 held that the court-fee paid was insufficient and directed the plaintiff to make good the deficiency. The plaintiff has come in appeal to this Court against that order.3. The point which the case raises is whether it was open to the learned Judge to cons...
Ram Harsh Tewari and anr. Vs. Rex, Through Rang Ramanuj Prasad NaraIn ...
Court: Allahabad
Decided on: Mar-14-1950
Reported in: AIR1950All465
ORDERMalik, C.J.1. This is a reference by the learned Sessions Judge of Allahabad that; the complaint against the applicants pending in the Court of the City Magistrate, Allahabad, be quashed.2. A complaint was filed in the Court of the City Magistrate of Allahabad by Kunwar Rang Ramanuj Prasad Narayan Singh against Madho Prasad Tripathi and Ram Harsh Tewari. It is alleged in this complaint that while inspecting election records in the Court of Mr. V.B. Laghate, Magistrate, on behalf of Gur Prasad, who was the other candidate contesting the election, Madho Prasad Tripathi Vakil added certain plus marks on the ballot paper so that the votes cast in favour of the complainant might become invalid and be rejected by the District Judge and this was done dishonestly with a view to cause loss to the complainant and their intention was to use this fabricated evidence against the complainant during the hearing of the election petition. The opposite parties filed objections that the facts stated...
Kr. Rajendra Bahadur Singh Vs. Kr. Roshan Singh and anr.
Court: Allahabad
Decided on: Mar-14-1950
Reported in: AIR1950All592
Harish Chandra, J.1. This and the connected First Appeal No. 313 of 1944 arise out of a decree passed by the learned Additional Civil Judge of Bulandshahr in favour of the plaintiff, Cunwar Rajendra Bahadur Singh, Taluqdar of Haraha estate in the district of Bara Banki against the defendants Kunwar Roshan Singh and his son Kunwar Rajendra Pratap Singh, Zamindars of village Belon in the district of Buland Shahr. This appeal is on behalf of the plaintiff while Appeal No 313 of 1944 is on behalf of the defendants. Some of the facts of this case are admitted. Defendants 1 and 2 both lived as members of a joint Hindu family of which defendant 1 is the karta. Dibya Kumari, the daughter of the plaintiff, was betrothed to defendant 2. No settlement was made with respect to dowry and the arrangement was that the plaintiff would give as much as he wished to give to the defendants as dowry for the marriage. The first ceremony which is known as the Barchhedan ceremony--which presumably means the c...
Prithi Singh Vs. Ganesh Pd. Singh
Court: Allahabad
Decided on: Mar-14-1950
Reported in: AIR1951All462
Mustaq Ahmad, J.1. This, a plaintiff's application in revision under Section 115, Civil P. C., against a decree of the learned Civil Judge, Banaras, affirming a decree of the Additional Munsif, Banaras, in proceedings under Section 12, U. P. Agriculturists' Relief Act.2. The mortgage in question was a usufructuary mortgage dated 23-5-1902, executed by the plaintiff's father, Payag Singh, in favour of the defendant's ancestor in respect of twelve bighas of land, a part of which lay in the Banaras district and the balance within the Banaras State territory. The mortgagee lived within the said district and the mortgage deed also was executed there.3. In defence, the mortgagee had raised a number of pleas, one of which was that the suit, in so far as it related to lands within the Banaras State, was not maintainable. In this revision we are concerned only with this plea, although a number of subsidiary points were also raised with which I shall have to deal to restrict the duration of the ...
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