Allahabad Court April 1951 Judgments
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Shamshad Ali Vs. Saadat Ali Khan
Court: Allahabad
Decided on: Apr-16-1951
Reported in: AIR1953All590
Ghulam Hasan, J.1. This appeal raises what I may call an unrighteous defence of limitation to an application for execution of the decree.2. The respondent obtained a decree against the appellant for possession over a portion of a certain plot of land and the rest of the claim was dismissed. Both the parties filed appeals to the lower appellate Court and these were dismissed.3. The plaintiff, thereupon, filed an appeal to the Chief Court but that appeal was dismissed under Order 41, Rule 11, Civil P. C. Thereafter the decree-holder applied for execution of the decree. It is common ground that the application was time-barred if time was to be reckoned, from the date of the judgment of the lower appellate Court but it was within time if time was to be reckoned from the date of the judgment of the Chief Court. The Courts below before whom the question of limitation was raised answered it against the judgment-debtor holding that the application for execution was within time under Article 18...
Seth Jugmendar Das and ors. Vs. State
Court: Allahabad
Decided on: Apr-13-1951
Reported in: AIR1951All703
ORDERDesai, J.1. The applicants are being prosecuted under Section 120B, I. P. C. & Rules 81(4) & 121, Defence of India Rules, for entering into a conspiracy & infringing the provisions of the Non-ferrous Metals Control Order of 1942. They are said to have committed the offence in the years 1943 to 1945. The offence remained under investigation for a long period & the prosecution was launched against them on 16-1-1950. On 19-4-1950 they pressed before the trial Ct. that their prosecution could not be continued for various reasons, the most important being that the Defence of India Act & Rules have expired & the Govt. of India Act, 1935 has been repealed by the Const. The trial Ct. held that there was no bar to the continuance of the prosecution & refused their request to quash the proceedings. They went up in revision against this order to the Ses. J. The learned Sess. J. contented himself with pouring encomia on the trial Ct. for its elaborate order & refused to do anything in the mat...
Kamta Pd. Nigam Vs. Ram Dayal and ors.
Court: Allahabad
Decided on: Apr-12-1951
Reported in: AIR1951All711
Mushtaq Ahmed, J.1. These are appeals, each filed by a particular party, Under Section 39, Arbitration Act, against orders one Under Section 14 & the other Under Section 33 of the Act.2. The applt. is a teacher & author of certain books. The resp. 1 is a publisher who undertook to print & publish those books on condition of payment of royalty at a certain percentage. The respt. 2 is related to resp. 1 as his son. The remaining resps. 3 & 4 were the arbitrators.3. According to the case of the applt. the publishers had printed & published extra copies by printing wrong dates on them to avoid detection by the applt. who having come to know of this filed a complaint against the publishers. Pending the complaint, on 11-10-1945, there was an agreement between the parties that the matter in dispute would be refd. to the arbitration of two persons, & accordingly the complaint was got dismissed the following day. As one of the arbitrators had declined to act, another agreement on the same lines...
Har NaraIn Vs. Sri Ram
Court: Allahabad
Decided on: Apr-11-1951
Reported in: AIR1951All252
Agarwala, J.1. This is a defts'. second appeal in a suit for accounting under section 33, U. P. Agriculturists' Belief Act, read with Section 9, U. P. Debt Redemption Act.2. One Mohan Singh executed a usufructuary mtge. on 31-10-1901, for a sum of Rs. 199/- in favour of Beni Prasad & Mangal Prasad. The mortgaged property consisted of 11 Biswansi, 14 Kachwansi, 9 Nanwansi & 11 7/9 Athwansi zamindari share including two groves in village. Kalauli, pargana Halamau, tahsil Sandila, district Hardoi. After the execution of the mtge. two deeds of further charge were executed by Mohan Singh in favour of the mtgees. - one on 20-8-1902, for Rs. 50/- and the other on 6-6-1902,, for Rs. 40/-. The original mtgor. Mohan Singh died & was succeeded by his widow, Srimati Ram Kuer. The latter transferred the mortgaged property, with the exception of certain specific plots including one of the groves & the trees standing, thereon, in favour of the pltf. respondent by means of a sale deed dated 18-8-1911....
Faqir Mohammad Vs. Mt. Abda Khatoon and ors.
Court: Allahabad
Decided on: Apr-10-1951
Reported in: AIR1952All127
Malik, C.J.1. This case raises a question of the validity of a deed of wakf dated 19 12 1932, executed by one Wali Mohammad. Under that deed he appointed his daughter, Sm. Abida Khatoon, as mutwalli. She filed a suit for declaration that she was the managing mutwalli of a portion of the property described in the plaint and that the defendants had no right to interfere with her management; she claimed possession, in case it was found that defendant 1 or the other defendants were in possession, and also prayed for mesne profits and costs.2. The suit was resisted by the defendant-appellant, step-brother of the plaintiff, on various grounds, but the main ground which was urged before us was that the wakf was invalid.3. Various reasons were given for the invalidity but the learned Judge held in favour of the plaintiff and decreed her suit.4. The defendant-appellant has filed this appeal.5. The points have been discussed at some length by my learned brother. I would, however, briefly give my...
Kashi Prasad Vs. Padamjit Singh and anr.
Court: Allahabad
Decided on: Apr-09-1951
Reported in: AIR1953All557
Ghulam Hasan, J. 1. This appeal by the decree-holder has arisen in the following circumstances 2. In 1943 Raja Sir Daljit Slngh, the father and grand-father of the respondents 1 and 2 respectively entered into an agreement with the appellant, Pt. Kashi Prasad, for sale of certain villages to him. The Raja did not fulfil his agreement, whereupon Pt. Kashi Prasad filed a suit in 1944 for damages to the extent of Rs. 43,251/13/4 only. This amount included the earnest money which had been paid by Pt. Kashi Prasad to the Raja. On 1-6-1945, the suit was decreed for Rs. 25,000/- only. On 5-1-1948, the decree-holder applied for execution of the decree by sale of the right, title and interest of the judgment-debtors in three villages Andhi, Bechiya Abadi and Balipur. The judgment-debtors objected that the decree could not be executed in view of Section 7, U. P. Encumbered Estates Act. It appears that Raja Daljit Singh applied on 16-10-1935, for relief under the provisions of the U. P. Encumbere...
Soman and ors. Vs. Kedar Nath
Court: Allahabad
Decided on: Apr-03-1951
Reported in: AIR1953All254
Misra, J. 1. This appeal arises out of two suits instituted by Kedar Nath, plaintiff-respondent, for recovery of possession over a number of plots in village Kundri and for damages. One of them was against Soman and three others and related to nine plots measuring 3.15 acres and Rs. 400 damages. The other was against Soman alone and related to two plots measuring 4.9 acres and BS. 200 damages. The plaintiff claimed to be a hereditary tenant of the lands in suit. He characterized the defendants as trespassers who had entered into occupation since 1351F. The defendants contended that they were sub-tenants ofover thirty-two years standing since the time ofplaintiff's cousin, Indarjit, and that the plaintiff took over the plots from the aforesaid tenant-in-chief under some arrangement in 1351 and acknowledged the defendants' sub-tenancy on the same rent as before, namely, ES. 61 per annum; and that the suit for possession and damages was not maintainable in the civil Court. The issue of su...
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