Allahabad Court December 1952 Judgments
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Rameshwar Prasad and ors. Vs. Satya NaraIn and ors.
Court: Allahabad
Decided on: Dec-05-1952
Reported in: AIR1954All115
V. Bhargava, J.1. This second appeal arises out of a suit for partition. The plaintiff respondent claimed a 10 annas share in the property in suit. The defendants appellants contended that the share of the plaintiff was 6 annas only. The trial Court held that on merits the evidence justified the finding that actually the share of the plaintiff was only 6 annas and not 10 annas. In the lower appellate Court, this finding of the trial Court was not challenged by the plaintiff in support of the decree which had been passed by the trial Court in his favour holding that his share was 10 annas. On facts, therefore, there is a concurrent finding by the two lower Courts that the plaintiff's share is actually six annas only.Both the lower Courts, however, held that the defendants were not entitled to challenge the claim of the plaintiff for the 10 annas share on account of a decision by the Special Judge in proceedings under the Encumbered Estates Act. It appears that the plaintiff had applied ...
Triloki Nath Garg Vs. the University of Allahabad
Court: Allahabad
Decided on: Dec-05-1952
Reported in: AIR1953All244
Sapru, J. 1. This application has been presented to this Court under Article 226 of the Constitution by Sri Triloki Nath Garg, an ex-student of the B. Sc. Class of the University of Allahabad. For the B. Sc. degree examination, candidates are expected to offer three subjects. The subjects offered by the applicant were zoology, botany and military science. At the 1951 examination for the B. Sc. degree, the applicant was able to obtain the minimum pass marks in two of the subjects offered by him, viz., botany and zoology. He was, however, unable to get the minimum pass marksboth in the theory paper on military science and the practical test for military science. As it is incumbent, in order to be declared successful, on candidates to obtain minimum pass marks in all the subjects offered, the applicant was declared unsuccessful. He was, however, allowed to appear as a private candidate the following year by a special resolution of the executive council passed on the 10th of November 1951....
Kishan Chand Hari Kishun Chand Vs. Diwan Chand Ghasi
Court: Allahabad
Decided on: Dec-04-1952
Reported in: AIR1953All287
ORDERMukerji, J. 1. This is an application in revision by a defendant who had been sued under Section 5 (4), Control of Rent and Eviction Act. The plaintiff in the suit was the tenant. He sued the landlord on the ground that the rent of Rs. 75, to which he had agreed, was much above the reasonable rent for the premises and consequently he claimed that the rent should be fixed in accordance with the 'reasonable rent' payable in respect of the premises in suit. The premises of which the plaintiff was the tenant were not substantial buildings in any sense. They were more or less tin sheds having small accommodation but these premises were situated in a very busy locality commercially and consequently they were in great demand and apparently landlords were able to get very high rents for them. 2. I may also note that the landlord himself also filed a suit against the tenant, namely Shri Diwan Chand (plaintiff in suit no. 754 of 1949) for arrears of rent at the rate of Its. 75 per mensem. T...
Ram NaraIn Vs. the Dominion of India, New Delhi and anr.
Court: Allahabad
Decided on: Dec-04-1952
Reported in: AIR1953All460
ORDERMukerji, J.1. This is a plaintiff's application in revision arising out of a suit filed in the Court of Small Causes at Allahabad for the recovery of a sum of Rs. 285/13/6 as damages for the loss of seven packages of betel leaves which had been consigned from railway station Dan-ton to Allahabad. The consignment was despatched on 5-5-1947, and the plaintiff was the-consignee of ten packages, which were the number of packages, that had been despatched to him from Danton. In the usual course the packages were expected at Allahabad but when delivery was sought of the consignment only three packages out of a total of ten were delivered. Delivery of these three packages was taken by a person called Beni Prasad who happens to be a party to this revision also, as opposite party No. 2.It appears that Beni Prasad was a sort of an agent on behalf of the plaintiff to take delivery of his consignments. It appears further that Beni Prasad deeming himself competent to lay a claim for the non-de...
Harakh NaraIn Vs. Mst. Kalwati and anr.
Court: Allahabad
Decided on: Dec-03-1952
Reported in: AIR1953All335
V. Bhargava, J.1. This second appeal arises out of proceedings for execution of a decree obtained by the deeree-holders-respondents against the judg-ment-debtor-appellant on 23-8-1933. The decree was for money. An amendment of the decree took place on 2-7-1936 and there on 6-1-1937, there was an adjustment. After this adjustment the amount remaining due under the decree was Rs. 678-4-6. At that time, the decree was converted into an instalment decree and it was laid down that the amount must be paid in ten instalments, the first nine instalments being of Rs. 67 and the tenth one of Rs. 75-4-6. The instalments were to fall due on 31st December of each year so that the first installment of Rs. 67 fell due on 31-12-1937. There was an additional clause that in case oil default in payment of three instalments, the entire amount then unrealised under the decree was to become due. It is the admitted case of the parties that not a single instalment was paid so that three defaults had been comm...
Trilok Chand and ors. Vs. State
Court: Allahabad
Decided on: Dec-02-1952
Reported in: AIR1953All404
ORDERBind Basni Prasad, J.1. These three criminal revisions came up for hearing before mo on 30-5-1952, when I found it necessary to refer two questions of fact to the lower Court for determination. The findings on those two points have now been received from the learned Magistrate and learned counsel for the parties have been heard at length.2. In the town of Faridnagar in the district of Meerut there is a Town Area Committee. It has framed bye-laws purporting to act under Sections 293 and 298 (2) of the U. P. Municipalities Act, 1916, as applied to town areas under Section 88 of the U. P. Town Areas Act, 1914. Clause (i) of these bye-laws provides that there shall be imposed Tehbazari at the rate of one anna per seer upon Kotogem and Vanaspati. Clause (2) provides that the fee aforesaid shall be paid to an officer appointed for this purpose by the Committee or to a thekadar to whom the theka for the collection of these dues might be given by the Committee. Clause (3) provides that th...
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