Allahabad Court September 1950 Judgments
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Jhamman Lal Vs. Parma Nand
Court: Allahabad
Decided on: Sep-08-1950
Reported in: AIR1951All451
Seth, J.1. No vakalatnama in the form ordinarily used was filed along with this memorandum of appeal when it was presented. A post card requesting Mr. Shyam Behari Lal Gaur, the learned counsel who presented the memorandum of appeal, was stitched to a sheet of water mark paper on which court-fee labels of Rs. 3-12-0 were pasted. The question for consideration is, whether the post card stitched to the aforesaid sheet of paper confers sufficient authority on Mr. Gaur to present this appeal.2. Order 3, Rule 4, Civil P. C. provides that : 'No pleader shall act for any person in any Court, unless he has been appointed for the purpose by such person by a document in writing signed by such person. . . . .'3. The post card filed in this case is such a document. The office reports that the post card does not give full description of the appeal. In my opinion, although the description is not full, it sufficiently complies with the requirements of the rule.4. Section 4, Court-fees Act, lays down ...
Allah Banda and anr. Vs. Lala Mato Ram
Court: Allahabad
Decided on: Sep-08-1950
Reported in: AIR1951All850
Sapru, J.1. These are eight appeals brought by the defendant vendees and they arise out of suits which were brought by the plaintiff-respondent for pre-empting eight sales of specific plots of land situate in village Gangoh, mahal Mazbata. They were tried together and are governed by the same judgment of the trial Court as also of the lower appellate Court It is, therefore, convenient to dispose of them by one judgment.2. In order to decide these appeals, it is necessary to understand exactly what the nature of the plaintiff's case was. shortly put, the position taken up by the plaintiff, who is the respondent in these appeals was that he was a co-sharer in another khewat in the same mahal and that under a custom recorded in the wajib-ul-arz relating to this village he was entitled to pre-empt the property in suit as against the defendants who were not co-sharers in the village at all. It is important to appreciate that the plaintiff has based his case neither upon the Agra Pre-emption...
Mt. Mojibunisa Bibi and ors. Vs. Kadir Bux
Court: Allahabad
Decided on: Sep-07-1950
Reported in: AIR1951All380
Agarwala, J.1. This is a decree-holders' appeal. The facts are as follows : In a suit for recovery of Rs. 4,500, a decree for Rs. 4,500 with costs amounting to Rs. 487 and interest at 6 per cent. per annum was passed on 21-2-1938,. against the respondent. On 10-2-1940, the decree-holders applied for execution of the decree in-the Court of the City Munsif, Jaunpur. The prayer made in the application was that the decree may be transferred to the Court of Small Causes at Calcutta for execution by that Court, On 18-2-1841, an order for transfer was made. The execution application was, however, struck off by the Calcutta Court on 18 4-1941, and the proceedings were struck off by the City Munsif on 18-3-1943.2. Then, on 14-8-1944, a second application for execution was made. This application was filed in the Court of the Civil Judge, Jaunpur probably because the City Munsif ceased to have jurisdiction with regard to the matter. In this application also a prayer for transfer of the decree for...
Darshan Lal and ors. Vs. Harkesh Singh and ors.
Court: Allahabad
Decided on: Sep-07-1950
Reported in: AIR1951All338
Agarwala, J.1. This is a defendants' appeal arising out of a suit for joint possession after demolition of certain constructions.2. The property in dispute is a portion of plot No. 1027. It is a part of Khewat No. 38 in village Dara Rajpura, now included in the city of Saharanpur. Khewat No. 38 was owned by one Kunwar Singh who had two sons, Nehal Singh and Shib Sahai. Nehal Singh died in the lifetime of Kunwar Singh leaving his son Harkesh Singh, plaintiff-respondent. Shib Sahai executed a will in favour of his three daughters-in-law and a daughter's son, Joti Prasad in respect of the entire property left by Kunwar Singh. In 1923 Harkesh Singh plaintiff-respondent filed a suit for possession of a half share in the properties against Joti Prasad and the daughters-in-law of Shib Sahai. Toe suit was ultimately decreed by this Court on 23-3-1927. Harkesh Singh obtained joint possession over the property in dispute. While the appeal was pending in this Court Khewat No. 38 was divided into ...
Raj Kuer Vs. Rajendra Bahadur Singh and ors.
Court: Allahabad
Decided on: Sep-07-1950
Reported in: AIR1951All443
Kidwai, J.1. This appeal arises out of a suit instituted by Raj Kuer, appellant, on 26-2-1944, for recovery of possession of a house situate in village Bargawan, in the district of Sitapur, against the heirs of one Shahr Banoo Begam and Kuar Rajendra Bahadur, a transferee of the house from those heirs.2. The plaintiff claimed that she was the donee of the house from her husband Ammar Singh under a deed of gift, dated 25-2-1929, and, as such, entitled to recover possession of it from the defendants who, though they held under colour of an auction-purchase of it by Shahr Banoo, in execution of a mortgage decree obtained by her against Ammar Singh had in fact no right to hold it, since neither the mortgage nor the decree covered the house. She pleaded that her cause of action arose on 1-3-1932, the date on which the execution Court delivered possession to Shahr Banoo Begam.3. Defendant 1 alone filed a written statement. The other defendants adopted it. It was pleaded : (1) That the house ...
Kishan Lal Vs. Lal Ram Chander
Court: Allahabad
Decided on: Sep-06-1950
Reported in: AIR1952All634
Wanchoo, J.1. This is a second appeal by Kishan Lal who was a deft, in a suit for ejectment from a shop in which a flour mill used to be worked by him. The suit was brought by Bam Chander, plff. resp. His case was that the deft., Kishan Lal, had taken the shop from him on a monthly rent of Rs. 11 on 24 5-1938. The plff. gave notice to Kishan Lal in March, 1945, to vacate this shop on 23-3-1945. The deft, did not vacate the shop & consequently a suit for ejectment was brought.2. The main defence of the deft., with which I am now concerned in this second appeal, is that the notice was invalid inasmuch as he should have been given six months' notice as required under Section 106, T. P. Act, as the shop wa3 given to him for manufacturing purposes.3. The lease, in this case, was created by a document executed by the parties on 24-51938. By this document, Kishan Lal was to remain in possession of the shop for one year from that date & was to metal a flour mill therein on payment of Rs. 11 ev...
Mohammad Wasi and anr. Vs. State
Court: Allahabad
Decided on: Sep-06-1950
Reported in: AIR1951All441
Agarwala, J.1.Mohammad Wasi and Shubrati were tried for offences under Sections 451 and 380 read with Section 75, I. P. C.2. The prosecution case was that on 10-11-1948 at about 8-30 A. M. these parsons bad committed house-breaking at the house of one Gulab Rai and committed theft of clothes and cash. Gulab Rai was coming to his house and saw the accused, whereupon the accused took to their heels. Gulab Rai raised a hue and cry and pursued them and the accused were arrested by him with the help of other persons. Lajpat Rai head constable also arrived on the spot and took the accused in his custody and certain stolen property was recovered from their possession. They were convicted of the offences for which they were charged and it was held that both of them had committed offences previously and that their sentences could be enhanced under Section 75, I. P. C. Accordingly Mohammad Wasi was sentenced to 7 years' R. I. and Shubrati to 5 years' R. I. under the aforesaid sections.3. Jail ap...
Hira Lal Vs. Deputy Commissioner
Court: Allahabad
Decided on: Sep-06-1950
Reported in: AIR1951All483
Misra, J.1. These are defendant's appeals. They arise out of a suit instituted by the Deputy Commissioner, Rae Bareli, for arrears of rent and ejectment in respect of a house No. 8 Jopling road owned by the Tiloi estate which is under the superintendence of the Court of Wards. The defendant, Hira Lal, was a monthly tenant. He was given a notice on 11-7-1947, (EX. A-2) calling upon him to pay RS. 823 arrears of rent from 1-4-1946 to 31-7-1947 at the rate of Rs. 55 per month and to vacate the premises by 1-8-1947.2. The suit was decreed by the trial Court for Rs. 155 only in respect of arrears of rent but was dismissed so far as it related to ejectment. It was decreed in its entirety by the learned District Judge, Lucknow. There were two appeals before him. Second civ. App. No. 49 of 1950 is directed against the decree passed in plaintiff's appeal and Second civ. App. No. 86 of 1950 challenges the decree of the learned District Judge dismissing the defendant's appeal.3. Two of the points...
Angney Lal NaraIn Das and ors. Vs. Angney Lal Munni Lal
Court: Allahabad
Decided on: Sep-01-1950
Reported in: AIR1951All400
Agarwala, J.1. This is a defendants' appeal arising out of a suit for recovery of money on the basis of a simple mortgage bond. The facts found and not now in dispute are as follows: One Narain Das was possessed of considerable property. He died in 1910 leaving his widow Shrimati Chironja. Defendant-appellant l, Angne Lal, was Narain Das's posthumous son. During Ms minority, Shrimati Chironja was appointed his guardian. In 1916 she died and then one Baldeo Prasad, maternal uncle of Narain Das, was appointed guardian. Narain Das in his life-time used to carry on money-lending, cloth and corn business. After his death, the said business could not be continued. When Baldeo Prasad was appointed guardian, in 1916, he started Kirana and cloth business on behalf of Angne Lal, minor. This business was carried on in one of the shops belonging to Narain Das after ejecting tenants from it. In 1927 Angne Lal's first son Ram Rakshpal, defendant 2 was born and then his second son Mool Chand was born...
Mt. Partaba and ors. Vs. Ganga Bux
Court: Allahabad
Decided on: Sep-01-1950
Reported in: AIR1951All417
Chandiramani, J.1. This is the second appeal of the judgment-debtors against the appellate order dated 14-7-1945, of Shri K. N. Joshi, District Judge, Rae Bareli, dismissing the objections of the judgment-debtors against the execution of the decree.2. The facts so far as they are relevant for the purposes of this appeal are as follows: On 2-6-1930, Ram Narain Singh obtained a decree for contribution against eighteen defendants, including Lachman Prasad and Acchaibat Nath. The liability of each defendant was separately specified. During the course of the execution proceedings Lachman Prasad died and on the record were brought Suraj Narain and Bindesty wari Prasad, objectors-appellants, At a later Stage of the proceedings, Acchaibat Nath also died and in his place were brought on the re-cord Basdeo, Kalp Narain and Tribhawan Nath, objectors-appellants. The first execution application wag made on 6-7-1931, against all the judgment-debtors, including Lachman Prasad and Acchaibat Nath. This...
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