Allahabad Court November 1951 Judgments
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Mohd. Tahir Vs. Mst. Sardar Bano and anr.
Court: Allahabad
Decided on: Nov-06-1951
Reported in: AIR1952All782
Mushtaq Ahmad, J.1. This is an appeal by the 1st defendant in a suit for possession over a certain land. The plaintiff's allegations were that the two defendants, appellant and respondent 2 respectively, along with others, were co-sharers in this land, that in 1940 the same had been partitioned, that an area of 158 sq. yards had been given to defendant 2 (respondent 2) and that, on 24-8-1943, this defendant had under a registered deed of exchange transferred the same to the plaintiff who, in lieu thereof, had given to him, defendant 2, the property in schedule B of the plaint. The relief claimed was for possession over this 158 sq. yards of land by virtue of this exchange and, in the alternative, over the property in schedule B.2. The defence of the appellant was that he and not the defendant 2, from whom the plaintiff claimed to have acquired this area, was the owner of the same, having been in long and absolute possession of it and that there had been no partition as alleged by the p...
Mohammad Bux Vs. Govt. of State of Uttar Pradesh and anr.
Court: Allahabad
Decided on: Nov-05-1951
Reported in: AIR1953All739
Mootham, J.1. These three applications can conveniently be dealt with in one order. The three applicants were members of the Municipal Board of Kasganj in the district of Etah. On or about the 25th March, 1949, each of them was served with a notice requiring him, under Sub-section (4) of S. 40 of the Uttar Pradesh Municipalities Act, 1916, to furnish an explanation of certain act specified in the notice which it was alleged constituted a flagrant abuse of his position as a member of the Board. Each of them submitted an explanation, but by an order dated the 24th Nov-ember, 1949, they were informed that the Governor had come to the conclusion that their continuance as members of the Municipal Board was detrimental to the public interest and that he had ordered their removal forthwith from membership of the Kasganj Municipal Board. The applicants made representations to the Government against the order of removal, but their representations were rejected on the 14th December, 1950, and on...
L. Lahori Ram Sahgal, J.D. Vs. L. Prabhu Dayal, D.H.
Court: Allahabad
Decided on: Nov-02-1951
Reported in: AIR1953All120
Sapru, J. 1. This is an Execution First Appeal which has been filed by the judgment-debtor and the circumstances in which it arises are stated below: 2. On the 11th October 1940, the property in respect of which execution of a decree for the specific performance of a contract of sale is claimed was sold by Swami Badalgiri to Lala Lahori Ram Sahgal with the condition that, if within four years and a half Badalgiri would pay the price, namely, Rs. 6000/-, the purchaser would execute a deed in his favour reconveying the property in question. On the 18th of November, 1944, Badalgiri brought, on the basis of the above contract, a suit for the specific performance of that contract of sale. It was decreed on the 28th of July 1945 and in order to facilitate an understanding of the case we are quoting below the operative portion of this decree as translated by the learned second civil Judge of Saharanpur: 'The plaintiff's suit for specific performance is decreed and the defendant is ordered to ...
Vidya Ram Vs. Ganga Sahai
Court: Allahabad
Decided on: Nov-02-1951
Reported in: AIR1953All455
ORDERBrij Mohan Lall, J. 1. This is a reference under Section 438, Cr. P. C. by the learned Sessions Judge of Bulandshahr recommending that an order passed under Section 145, Cr. P. C. by the learned Section D. M. of Anupshahr be vacated. 2. It appears that one Vidya Ram made a petition under Section 145, Cr. P. C., in the court of the Section D. M. Anupshahr. The S. D. M. appears to have been absent from the station and Sri Jagat Narain Beri, an Honorary Special Magistrate, was in-charge of his work. Sri Beri passed the following order, namely: 'S. Order Dabai.Please report if there is an appprehension ofbreach of peace. If so, attach.' This order was passed on 23-12-49. The police report is dated 27-12-1949. It states inter alia, that there is an apprehension of a breach of the peace and that attachment has been made. This report was put up before the S. D. M. on 6-2-1950 who wrote out the following order immediately below the report, namely: 'Accused to be summoned for 27-2-50.' The...
Budhan Vs. Sukhan and ors.
Court: Allahabad
Decided on: Nov-02-1951
Reported in: AIR1952All678
ORDERBrij Mohan Lall, J.1. This is a reference under Section 438, Criminal P. C., by the learned Temporary Sessions Judge of Bijnor recommending that an order passed by a learned Magistrate of that place under Section 145, Criminal P. C. be vacated. 2. It appears that one Budhan made a petition under Section 145, Criminal P. C. The opposite parties were Sukhan and his companions. At the time of arguments Budhan offered to be bound by whatever statement Sukhan would make by taking the oath of his son. Sukhan agreed to take this special form of oath. He was so examined and in that statement he stated as follows : 'I swear by my son that the disputed land is in my possession.' Accepting the statement the learned Magistrate held that possession was with Sukhan. On this finding the application presented by Budhan under Section 145, Criminal P. C. was rejected and he was forbidden to interfere with Sukhan's possession. 3. Dissatisfied with this order, Budhan went up in revision before the le...
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