Allahabad Court October 1952 Judgments
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Lallan Parsad Vs. Sharda Parsad
Court: Allahabad
Decided on: Oct-16-1952
Reported in: AIR1953All316
Desai, J.1. This is an appeal by a tenant against whom a decree for arrears of rent and ejectment from a house has been passed. No permission of the District Magistrate was obtained for the appellant's ejectment : the suit for ejectment was filed on the ground that he had wilfully defaulted in paying the arrears within a month of the receipt of a notice demanding the same.2. It is admitted that originally the rent of the house in dispute was Rs. 16 per month. The case of the respondent is that by mutual agreement that rent was enhanced to Rs. 20 per month with effect from 1-9-1947 and that the appellant failed to pay the arrears in spite of a notice demanding the same. The appellant denied the enhancement of the rent from Rs. 16 to Rs. 20 per month.3. The trial Court held that the rent had not been enhanced but the lower appellate Court held that it had been enhanced. The lower appellate Court attached importance to the fact that in reply to the notice demanding the arrears at the enha...
Parshottam Vs. State
Court: Allahabad
Decided on: Oct-16-1952
Reported in: AIR1953All356
Agarwala, J. 1. This is an appeal by Parsotam Ahir, aged 40 years resident of Sakaldiha, police station Balua, district Banaras, against his conviction under Section 302, Penal Code, for the murder of Sri Raj Kishore Singh on 8-10-1950, and the sentence of death. There is also before us the usual reference for the confirmation of the sentence of death.2. Sri Raj Kishore Singh was a retired Additional Commissioner of this State. After retirement he settled down in village Sakaldiha and took to gardening. He used to go from his house every morning to his groves with his son, Sri Sanat Kumar Singh. Both of them used to return at about 9 A. M. for tea and again go to the groves and return at midday for their lunch. The appellant had his fields near the groves of Sri Raj Kishore Singh, There were certain ponds from which he used to water them, but it appears that in the year 1960 these ponds had not enough water for irrigation purposes. Sri Raj Kishore Singh used to water his groves from an...
Liaqat Vs. the State
Court: Allahabad
Decided on: Oct-16-1952
Reported in: AIR1953All722
ORDERV. Bhargava, J.1. Liaqat has come up to this Court in appeal against his conviction and sentence of three years' rigorous imprisonment and six stripes for an offence punishable under Section 376 of the Indian Penal Code.2. The prosecution case is that the appellant is a close neighbour of one Babhan Mirza, who had a daughter named Kumari Phunda aged about 7 1/2 years. Liaqat appellant is himself a boy aged about 16 years, though the medical examination report shows that he is fully developed & has attained a height of 5 feet 4 inches. On 29-5-1951, when. Phunda was playing near the door of her house at about 4 or 4.30 in the evening, the appellant came to her and asked her to come with him to his mango grove promising to give her some mangoes. She agreed and then the appellant carried the girl in his lap to the grove. On reaching the grove, Liaqat removed his own trousers as well as those of the girl, put her on the ground and had sexual intercourse with her the girl felt pain and...
Ghasi Ram Vs. Chaubey Mitra Sen
Court: Allahabad
Decided on: Oct-14-1952
Reported in: AIR1953All218
Mushtaq Ahmad, J.1. These are defendant's appealsan a suit for ejectment from a house and twoshops and for recovery of Rs. 701/- as arrears of rent.2. The plaintiff's case was that the defendant had under a 'Kiraya Nama' dated 1st April 1944, obtained the house and the shops from, the plaintiff at an annual rent of Rs. 530/-, this sum being payable as follows:Rs. 100/- on 1st April 1944,Rs. 94/- on 20th May 1944, and Rs. 336/- in equal instalments of Rs. 28/-on the first day of every month.Total Rs. 530/-.3. The plaintiff further alleged that the tenancy had terminated on 31st March 1945 but that, rent having been accepted by him from the defendant after that date, the latter was still a tenant, now liable to be ejected in view of the permission obtained by the plaintiff from the District Magistrate under Section 3 (a), U. P. (Temporary) Control of Rent and Eviction Act, 3 of 1947. In fact no such permission was necessary to eject the defendant, and indeed the District Magistrate said ...
Mangi Vs. State
Court: Allahabad
Decided on: Oct-14-1952
Reported in: AIR1953All228
Agarwala, J.1. Mangi Lohar appeals against his conviction under Section 302, Penal Code and sentence of death. There is also before us the usual reference for the confirmation of the sentence of death. The incident which was the subject matter of investigation in the Court below related to the murder of two boys Rameshwar and Badri, aged about 15 and 10 years respectively on 18th December 1951 in the afternoon in village Bilgaon in police station Jalalpur in the district of Hamirpur.2. It appears that the deceased were the daughter's sons of Smt. Tulsia, an old widow aged 65 whose husband had left a tenancy holding, a house & some other property. She had sent for her two grandsons who used to live in another village to help her in cultivation and it is said that she intended that they should take all her husband's property after her death. Her husband had also left two nephews one of them was the appellant and the other was one Daya Ram.The prosecution case was that Mangi and Daya Ram ...
Shiamsundar Lal JaIn Vs. Sheo Parshad
Court: Allahabad
Decided on: Oct-14-1952
Reported in: AIR1953All505
ORDERBeg, J. 1. This is a reference by the learned Sessions Judge of Dehra Dun recommending that the order of the trial Court attaching the property in dispute under Section 146, Criminal P. C. be set aside. It would appear that in Dhamanwala Bazar, situate in the district of Dehra Dun, there is a shop and above the shop there is a Chaubara with a balcony belonging to Colonel Kunwar Shamsher Bahadur Singh. One Sheo Prasad Goel, a student of the D. A. V. College claimed to be the tenant of the said Chaubara and balcony. He moved an application under Section 145, Criminal P. C. alleging that he had allowed one Shiam Sunder Lal Jain, a hardware merchant, to carry on his business in the said Chaubara and balcony. He further alleged that subsequently he had withdrawn his permission and Shiam Sunder Lal forcibly dispossessed him from his Chaubara and there was a danger of a breach of the peace in respect of it. The second party, Shiam Sunder Lal, put in a written statement alleging that in f...
Agarwal and Co. Vs. City Board, Dehradun
Court: Allahabad
Decided on: Oct-13-1952
Reported in: AIR1953All175
ORDERDesai, J. 1. This is an application by a plaintiff whose application under Section 5(4) of the Temporary Control of Rent and Eviction Act for the fixation of rent of a shop has been dismissed by a Munsif on the ground that the transaction was not unfair.2. There is no dispute about the facts which are as follows: The opposite party, the City Board of Dehradun, constructed some shops after 1-7-1946, on an open piece of land owned by it by the side of Saharanpur road near the railway station of Dehradun. They were constructed with the object of letting them out to tenants. Offers were invited for the shops, which were open for inspection by the public and were let out to the highest bidders. The shop in dispute is one of them. Several persons applied to the opposite party for it, making their own offers. One man offered Rs. 60/- per month as rent, another Rs. 75/- and a third Rs. 80/-. The applicant appeared on the scene and presented an application to the opposite party offering Rs...
Bhagwati Prasad and anr. Vs. Mt. Shitali and ors.
Court: Allahabad
Decided on: Oct-13-1952
Reported in: AIR1953All241
ORDERChaturvedi, J.1. This is a defendant's application in revision arising out of an application under Section 12, Agriculturists' Relief Act. The learned counsel for the plaintiffs opposite parties, Mr. Bishwanath Singh has very frankly conceded that this application must be allowed, because the properties sought to be redeemed are certain occupancy plots. A Full Bench case of this Court has ruled that an application under Section 12, Agriculturists' Relief Act is not maintainable for redemption of a mortgage of occupancy plots. This Full Bench case is reported in -- 'Mahabal Singh v. Ram Raj', 1950 All LJ 713 (FB).2. I, accordingly, allow this application inrevision, set aside the decrees of the Courtsbelow and dismiss the suit. In view of thepeculiar circumstances of the case, I directthat the parties shall bear their own costs inall the Courts....
Piare Lal Vs. Ram Swaroop and anr.
Court: Allahabad
Decided on: Oct-13-1952
Reported in: AIR1953All490
ORDERChaturvedi, J. 1. This is a plaintiff's application in revision from, the order of the learned Judge Small Cause Court, Aligarh dated 29-3-1950. The order under revision is to the effect that the property attached was to be released and returned to the defendant. It proceeds 'If the plaintiff took possession when the Amin attached the goods it will be returned to the defendant and he will be put in possession as before.' 2. The learned counsel, Mr. A. P. Gupta, appearing on behalf of the applicant has assured me that the only property that was ordered to be attached, and which was actually attached, was some movable property left by the defendant in one or other of the rooms of the house. The house belongs to the applicant and it appears that he had got the movables attached, in a suit for recovery of certain arrears of rent. The amount of the suit was subsequently deposited in court and therefore the attached property was ordered to be released by the order under revision. This o...
Union of India (Uoi) Vs. Girish Chandra and ors.
Court: Allahabad
Decided on: Oct-10-1952
Reported in: AIR1953All149
ORDERKaul, J. 1. This is an application for revision of an order passed by the learned Judge, Small Cause Court, Lucknow. The material-facts lie within a short compass : 2. A suit for recovery of rent for certain premises was instituted by Shekhar Chandra Jain against the Union of India, Defence Department. Shekhar Chandra Jain died during the pendency of the suit and the names of his legal representatives were substituted in his place on the record. The suit was instituted on 13th May 1950. 18th August 1950 was fixed for final disposal of the case. On that day the Additional Government Pleader for the U. P. Government appeared before the Court and prayed for an adjournment. The application made by him stated that as he had not received a copy of the plaint or other papers from the office concerned, he might be granted two months' time for filing the written statement. This application was allowed and time was granted till 13th October 1950. On that day an application was made by the p...
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