Allahabad Court August 1952 Judgments
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BaladIn Vs. Mst. Ram Piarey and ors.
Court: Allahabad
Decided on: Aug-09-1952
Reported in: AIR1952All977
Sankar Saran, J.1. I have had the advantage of reading the judgments of my brothers Mushtaq Ahmad and V. Bhargava. After having given the matter my best consideration, I find myself in agreement with the view taken by Mushtaq Ahmad J.2. It appears that one Raghunandan and hisbrother's widow Shrimati Ram Dulari made anapplication under Section 4, Encumbered Estates Act.Their written statement filed under Section 8 of theAct contained a schedule of their property. Thisschedule included, inter alia, an item consistingof a half share in a Kachha house and its site andfour neem trees. In other words, the applicantsclaimed title to not more than half share in theaforesaid item of the property and conceded thatthe remaining half share was owned by some oneelse. 3. The learned Special Judge published the required notice under Section 11 of the Act, but in the schedule of the property the entire house, and not a moiety share only therein, was described as the property of the applicants. At the ...
Dharam Sarup Vs. the State
Court: Allahabad
Decided on: Aug-08-1952
Reported in: AIR1953All37
Agarwala, J.1. This is an appeal by Brahm Sarup Patwari against his conviction under Section 5(2), Prevention of Corruption Act, 1947, and sentence of two years' R. I.2. The appellant was a Patwari of village Najabatpura Pargana Paranagar, district Baijnor. In the aforesaid village there is a hamlet, Ganj, where a grove formerly owned by Swami Krishna Nand is situated. In January 1949 Swami Krishna Nand transferred a half-share in the grove to Yati Vishokha Nand complainant by means of a deed of gift, and in respect of the other half, he made a bequest in favour of the donee. Subsequently, in August 1940 Swami Krishna Nand executed a deed of gift in respect of the entire grove in favour of Nagamagum Vidyalaya, Ganj. The person in charge of the Vidyalaya, Swami Kawela Nand, made two applications for mutation in respect of the grove. Yati Vishokha Nand did not object to the mutation in respect of that half about which there was only a bequest in his favour, but he objected to the mutatio...
Banke Bihari Lal and anr. Vs. Mahadeo Prasad
Court: Allahabad
Decided on: Aug-08-1952
Reported in: AIR1953All97
Y. Bhargava, J. 1. This second appeal arises out of proceedings under Section 4, Encumbered Estates Act, The application under Section 4 of the Act was presented by one Shrimati Sharda who is now dead and who is now represented on the record by her sons, Bankey Behari Lal and Brij Behari Lal. One of the creditors of Shrimati Sharda was one Lal Bahadur. Lal Bahadur died and his widow Shrimati Brij Rani was brought on the record. The proceedings under the Encumbered Estates Act reached the stage when the learned Special Judge had to pass decrees under Section 14, Encumbered Estates Act, in respect of the proved debts in favour of the creditors. After the learned Special Judge had taken all the evidence for the purpose of passing decrees under Section 14 of the Act and had heard arguments, he reserved the judgment. Before the judgment could be delivered, he had the occasion to send for counsel for both the parties and then he was informed that Shrimati Brij Rani, the creditor, had died. H...
B. Madho Prasad and ors. Vs. Seth Tara Chand and ors.
Court: Allahabad
Decided on: Aug-08-1952
Reported in: AIR1952All912
Malik, C.J. 1. On 21st December 1951, their Lordships of the Supreme Court granted special leave to appeal to the applicants, leave to appeal having been refused by this Court. In the order granting special leave it was provided that the applicants should 'within one month from the date of the signing this order furnish to the Registrar of the Allahabad High Court security in the sum of Rs. 4,000. (Rupees four thousand) for the costs of the respondents ' This order was signed on 9th January 1952. On 2lst January 1952, an application was filed in this Court that this Court be pleased to allow the petitioner-appellants to furnish security in immovable properties for costs of the respondents and on 8th February 1952, a security bond duly executed and registered was filed in this Court. The opposite party filed a counter-affidavit that no sufficient cause had been made out for furnishing security other than in cash and it was further alleged that this Court had no jurisdiction to allow the...
Nem Chand Vs. the State
Court: Allahabad
Decided on: Aug-07-1952
Reported in: AIR1953All99
Y. Bhargava, J. 1. This is an application for transfer of a case pending in the Court of Sri Girja Shanker Misra, Special Magistrate, first Class, Lucknow. Under a notification issued by the U.P. Government powers of a Magistrate of the first class were conferred upon Sri Girja Shanker Misra to try or commit cases investigated by the Government of India Special Police Establishment throughout Uttar Pradesh for so long as he held the office of the Special Magistrate.2. The case against Nem Chand applicant was investigated by the Government of India Special Police Establishment and consequently it came up for trial before the learned Special Magistrate. The transfer is sought mainly on two grounds. One ground is that it is highly inconvenient and expensive to the applicant to be tried in Lucknow when he resides in the District of Sharaapur and all his defence witnesses also come from Saharanpur. It is said that the balance of convenience would be in favour of having the case tried at Sah...
Ram Bharosey Vs. Mahadeo Singh and ors.
Court: Allahabad
Decided on: Aug-06-1952
Reported in: AIR1953All64
Misra, J.1. This is a mortgagee's second appeal against the appellate order of the learned District Judge of Bara Banki upholding the order for amendment of a final mortgage decree which was passed by the learned Munsiff, Ramsanchi-ghat under Section 8, U. P. Debt Redemption Act. A preliminary decree for sale was made on 8-12-1938, that is to say before the U. P. Debt Redemption Act came into force in 1941. The decree was against the three sons of the original mortgagor, Lachhman Singh and two transferees, Sanoman Singh and Mata Prasad Singh. Proceedings for making the decree absolute took place after the commencement of the Act, but the mortgagors did not claim the benefits of the U. P. Debt Redemption Act at that time with the result that the final decree was passed on 26-8-1944, for RS. 1102-15-7. An application for amendment under Section 8 which gives rise to this appeal was filed subsequently on 9-9-1947, and it was opposed, amongst others, on the ground that the amendment was no...
Mahesh Pratap Singh and anr. Vs. Rampal Singh
Court: Allahabad
Decided on: Aug-04-1952
Reported in: AIR1953All591
Malik, C.J. 1. The plaintiff is a co-sharer in Mahal Rampur Bhagan and his house is in plot No. 559. To the south of that plot there is a plot No. 546. The drain of plaintiff's house is marked in the site plan prepared by the commissioner which 13 a part of the decree prepared by the lower appellate Court, in this site plan the disputed portion of the drain is shown by the letters KG and C. The plaintiff's case was that the drain water of his house used to flow through this drain towards a 'talab' or tank to the south and the defendant, without any right caused obstruction to this drain a few months before the suit was filed. In the plaint it was said that the plot No. 546 was situate in Mahal Rampur Bhagan of which the plaintiff, defendants and others were co-sharers. Alter having made that statement in para. 1 the plaintiff went on to allege that he had been using the right to flow his drain water through this drain for more than 25 years. This was characterised as a 'haq ashais' whi...
Munshi Singh and anr. Vs. Ewaz Singh and ors.
Court: Allahabad
Decided on: Aug-04-1952
Reported in: AIR1952All890
Agarwala, J. 1. The plaintiffs-respondents filed a suit for partition of certain property. 2. The case for the plaintiffs was that certain houses sought to be partitioned were joint and that the plaintiffs had one-third share therein. 3. The defence was that the houses could not be divided as they were their self-acquired property. On the date of the final hearing, that is, 19-1-1948, both the parties agreed to abide by the statement on oath or without oath of Srimati Bitta, sister of plaintiff 1 and defendants 2 and 3 and that they did not desire to produce any other evidence in the case. They further stated that they would not produce any other evidence in the case. They further stated that they would produce Srimati Bitta on a future date to be fixed by the Court. The Court fixed 25-2-1948, as the date for the production of Srimati Bitta in Court and for her statement. 4. On 18-2-1948, however, the plaintiffs madean application resiling from the agreement to abide by the statement o...
Saheb Ram Vs. Ram Newaz and ors.
Court: Allahabad
Decided on: Aug-04-1952
Reported in: AIR1952All882
Agarwala J. 1. The following question has been referred to us by a Bench of this Court for decision :'Whether a party who offers himself to be bound bythe statement of any of the opposite parties or of awitness under Section 8, Oaths Act, Act X [10] of 1873, canresile from such an offer after the other party or thewitness has agreed to make auoh an oath or affirmationbut before such oath or affirmation had been actuallyadministered ?'2. The relevant facts are very few. The parties to this appeal are relations. They referred their dispute to arbitration. The arbitrators gave an award and the plaintiffs-respondents applied under the Arbitration Act to the Civil Judge of Jaunpur that the award may be filed in Court and a decree be passed in terms thereof. In defence the defendant-appellant raised several pleas. On 24-9-1945, the date fixed for the hearing of the case, the defendant-appellant stated,'If and whatever Balmakund plaintiff states on special oath of Gangajali, I will remain bou...
Sheo Lal and anr. Vs. L. Devi Das and anr.
Court: Allahabad
Decided on: Aug-04-1952
Reported in: AIR1952All900
ORDERRaghubardayal and Agarwala, JJ.1. This is a judgment-debtors' appeal against an order of the learned Additional District Judge of Moradabad dated 4th August 1945, allowing an appeal of the decree-holder respondent against the order of the Munsif dismissing an application for preparation of a final decree. The only question in appeal before as is whether the application for the preparation of a final decree was barred under Article 181, Limitation Act. The facts bearing upon the question may be stated shortly as follows : 2. The appellants judgment-debtors brought a suit for accounts under Section 33, U. P. Agriculturists' Relief Act. The suit was decreed in terms of a compromise according to which the decretal amount was made payable in twelve half yearly instalments. The first instalment was to fall due on 23rd June 1937 and the last was payable on 23rd December 1942. It was further provided that in default of payment of any two instalments thewhole amount would become payable wi...
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