Allahabad Court April 1954 Judgments
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Mst. Sunder Kali and anr. Vs. Pateshwari Prasad Singh and ors.
Court: Allahabad
Decided on: Apr-05-1954
Reported in: AIR1954All651
Randhir Singh, J.1. This is an execution appeal against an order passed by the Revenue Officer of Gonda on 20-5-1946 ordering ejectment of the appellant from a part of his holding under Section 168, U. P. Tenancy Act.2. It appears that a decree for arrears of rent was passed against the appellant on 27-3-1943. The decree-holder applied for execution on 30-11-1943, but his execution remained infructuous and the file was ultimately consigned to the record room on 17-1-1944. On 18-5-1945, the decree-holder applied for issue of a notice under Section 168, U. P. Tenancy Act, as the decree for arrears of rent, which had been passed against the appellant on 27-3-1943, had remained unsatisfied. Objections were filed to this application of the decree-holder on behalf of the appellant. The main grounds on which he opposed, the application were that he was an under proprietor & not a permanent lessee and as such the decree-holder had no right to make an application under Section 168, Tenancy Act;...
Daulat Ram Singh Vs. Swami Dayal and anr.
Court: Allahabad
Decided on: Apr-02-1954
Reported in: AIR1955All252
Malik, C.J.1. This is an application for leave to appeal to the Supreme Court under Article 133 of the Constitution against an order of remand passed by this Court on 4-2-1952.2. The case had rather a chequered history as would appear from the following facts. On 13-3-1931, one Ganga Sahai filed a suit No. 7 of 1931, in the Court of the Subordinate Judge, Kanpur, for a declaration that Daulat Ram was not the son and heir of his brother Raj Kumar. During the pendency of that suit, Ganga Sahai died on 24-4-1932. Ganga Sahai had left two daughters. Amrawati and Indrawati, who, on 15-7-1932, applied that their names be substituted in place of the name of Ganga Sahai deceased. Another application was, however, filed on 11-7-1932, by Swami Dayal; son of Indrawati who claimed that Ganga Sahai had left a will and under that will he was the sole legatee and was thus entitled to inherit all the right, title and interest of Ganga Sahai in the property in suit. On 19-10-1932, the learned Subordina...
Sheo Mangal Vs. Ram Charan
Court: Allahabad
Decided on: Apr-01-1954
Reported in: AIR1954All623
Malik, C.J. 1. The following question was referred for decision by this Full Bench.'Whether an Assistant Collector of the first class who is empowered by the Local Government to exercise all the powers of a Collector under Chapter III of the U. P. Agriculturists'Relief Act can transfer a case from his court to the court of any other Assistant Collector empowered under Sub-section (1) of Section 22?'This reference became necessary as a Bench of this Court had taken the view in -- 'Sampat Kumar v. Moti', 1950 All WR 103 (A), that the power of transfer given to a Collector under Sub-section (2), Section 22, did not empower the Assistant Collector to transfer a case pending in his court to another Assistant Collector empowered under Sub-section (1), of Section 22. The decision of this Court was given on November, 9, 1949, while the U. P. Agriculturists' Relief Act had remained in force from 1935, and during this period of more than 15 years a very large number of cases might have been tran...
Nabi Bakhsh Vs. Chaubey Puttu Lal
Court: Allahabad
Decided on: Apr-01-1954
Reported in: AIR1954All607
Malik, C.J. 1. A suit was filed in the court of the learned Munsif of Etawah for redemption of a possessory mortgage dated 9-7-1878, for a sum of Rs. 150/- executed by Jai Kishan Das in favour of Lachhman Das and Govind Das and for recovery of Rs. 700/-. The plaintiff claimed that during the continuance of the mortgage the mortgagees had committed acts of destruction and permanent injury to the mortgaged property inasmuch as they had cut down and removed seven trees and were, therefore, liable to pay Rs. 850/- as damages. After having given credit for the mortgage money, i. e., Rs. 150/-, he claimed that a sum of Rs. 700/-was payable to him.2. The learned Munsif decreed the suit on payment of Rs. 9/-.3. There was an appeal and the lower appellate court held that the mortgagees had cut down and removed certain trees and had thus caused. damage to the extent of Rs. 344/-. After deducting the mortgage debt a decree for Rs. 194/- was passed in plaintiff's favour and the suit for redemption...