Allahabad Court April 1955 Judgments
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Ram Kirpal Chhakkar and anr. Vs. Union of India (Uoi), Through the Min ...
Court: Allahabad
Decided on: Apr-12-1955
Reported in: AIR1955All468
M.L. Chaturvedi, J. 1. These four writ petitions do not indicate the provision of law under which they have been made, but the cases have been argued on the assumption that these petitions have been made under Article 226 of the Constitution and they will be dealt with as such. 2. The different petitioners in all these petitions were on the roll of Civilian Staff of the Defence Ministry, Government of India, and were serving under the Central Ordnance Depot., Agra, They were previously discharged from service, but were afterwards either reinstated or re-employed, and in Juno 1953 they were working under the Ordnance Depot. There appears to have been a difference of opinion as regards the status and emoluments of the petitioners between the Ministry of Defence, Government of India, and the Audit Department. Ultimately the Union of India, by their letter dated 26-6-1953, communicated their decision to the effect that some of the personnel would be regarded as 'reinstated', some as 're-em...
Misri Lal and anr. Vs. Bhagwati Prasad
Court: Allahabad
Decided on: Apr-12-1955
Reported in: AIR1955All573
Randhir Singh, J. 1. This is an appeal against the order of the Additional Civil Judge of Gonda dismissing an application under Section 14 of the Indian Arbitration Act which was treated as a suit, for the filing of an award and for a decree on the basis of the award.2. The plaintiffs appellants and the defendant are own brothers, being the sons of Patan Din. They formed a joint Hindu family and were possessed of business and movable and immovable properties. Disputes arose amongst the brothers and ultimately itwas agreed that the properties be partitioned. Anagreement was executed on the 8th October, 1946, by means of which the parties appointed six arbitrators, including a sarpanch, for the partitioning of the properties and for settling, the dispute.The arbitrators then entered upon their duty and after examining the parties and their evidence gave an award on 13-1-1947. The award was registered. On 14-7-1947, an application was made by the plaintiffs appellants purporting to be one...
Maloji Rao Narsingh Rao Vs. Sankar Saran and ors.
Court: Allahabad
Decided on: Apr-11-1955
Reported in: AIR1955All490
Brij Mohan Lall, J. 1. On 15-5-1947 Brigadier-General Raj-Rajendra Sardar Maloji Rao Narsingh Rao Shitole instituted a suit in the Court of the District Judge of Gwalior for the recovery of a sum of Rs. 6,92,236-15-0, It was alleged that the late Munshi Iswar Saran of Allahabad had been his agent for a certain purpose and had died without rendering account. His three sons were impleaded as defendants and a decree for the above sum was sought against them. Summonses were served on the defendants on 18-11-1947, but none of them put in appearance in the Gwalior court. An 'ex parte' decree was passed against them on 18-11-1948. 2. On 14-9-1951 the District Judge of Gwalior transferred the decree to the District Judge of Allahabad for execution. On 16-10-1951 an execution application was presented in the court of the Civil Judge at Allahabad for the recovery of a sum of Rs. 8,98,257-7-0 by attachment and sale of certain items of immoveable property situate at Allahabad. 3. The defendants fi...
Shaukat Ali Vs. State of Uttar Pradesh and anr.
Court: Allahabad
Decided on: Apr-11-1955
Reported in: AIR1955All518
Agarwala, J.1. This is a petition under Article 226 of the Constitution praying that an order, direction or writ in the nature of 'mandamus' be issued to the Government of Uttar Pradesh and to the Collector of Rampur restraining them from giving effect to a Notification No. 3136/1-A.559/1951 issued by respondent 1 on 28-6-1954, and directing them not to take possession of the properties held by the petitioner or to interfere with the rights of the petitioner over such properties.2. The main point that arises for consideration in this case is whether The Rampur Thekedari and Pattidari Abolition Act (U. P. Act 10 of 1954), which abolishes Thekedari and Pattedari in Rampur is 'ultra vires' the State Legislature or not. The facts briefly stated are as follows:The petitioner is a pattedar of a certain village of the district of Rampur. Rampur was a princely State before 1947 and was Ruled by His Highness the Nawab of Rampur. In 1947, India obtained independence and became a Dominion by virt...
Ziaullah Khan and anr. Vs. State of Uttar Pradesh and anr.
Court: Allahabad
Decided on: Apr-11-1955
Reported in: AIR1955All554
Agarwala, J.1. This is a petition under Article 228 of the Constitution by two jagirdars of certain villages in the territories formerly forming part of the State of Rampur and now part of the State of Uttar Pradesh. The jagirdars had to pay no land revenue to the State and paid only a cess called the Chau-kidara Tax. They were proprietors of the land comprised within their respective jagirs.2. The State of Uttar Pradesh passed an Act, called the U. P. Zamindari Abolition and Land Reforms Act, 1950 (Act I of 1951) which came into force on 26-1-1951. The Act did not apply in the first instance to the territories formerly forming part of the State of Rampur, now the District of Rampur, but Section 2 of the Act empowered the State Government to extend the Act to the district of Rampur 'subject to such exceptions or modifications, not affecting the substance' as the State Government may, by notification, specify in this behalf. The proviso to Section 2 lays down:'Provided that, when this A...
Mool Chand Rastogi Trust Vs. Batay Krishna
Court: Allahabad
Decided on: Apr-07-1955
Reported in: AIR1955All566
H.S. Chaturvedi, J. 1. This appeal by the decree-holder arises out ofproceedings under Section 47, Civil P. C. In order to appreciate the point in controversy in the appeal,it is necessary to state the relevant facts which arenot disputed. 2. On the basis of a registered mortgage deed dated 2-2-1931, executed by Lala Batey Krishna respondent, a suit was brought by the appellant. Both the mortgagor and the mortgagee referred the matter to Lala Lakshman Das for arbitration. After the receipt of the award a decree was passed on its basis on 22-1-1943. Under this decree which was founded upon the award the judgment-debtor mortgagor was to pay the decretal amount in certain instalments. It was also provided that in case the judgment-debtor failed to pay three consecutive instalments, the decree-holder would be entitled to realise the entire decretal amount by sale of the zamindari property mortgaged under the deed. The last provision was that in case the sale of the zamindari property was n...
Jokhu Mal and ors. Vs. Sudama Mal and ors.
Court: Allahabad
Decided on: Apr-04-1955
Reported in: AIR1955All526
Agarwala, J.1. This is an application in revision arising out of proceedings under Section 12, Agriculturists' Relief Act. The facts are simple. On 17-6-1913, one Udit Mal executed a simple mortgage of the property in dispute in favour of one Billar Mal for a sum of Rs. 550/-. On the 20th August, 1914, Udit Mal executed a usufructuary mortgage in respect of the same property in favour of four persons, Lalla Mal to the extent of one-third share, Oudh Behari Mal, Jokhu Mal and Palakdhari to the extent of two-thirds share. In 1923, Billar Mal, the first mortgagee, sued upon his mortgage and obtained a decree for sale of the mortgaged property.The heirs of Udit Mal, the mortgagor, were impleaded as defendants in the suit. The decree was sent to the Collector for execution. The Collector held a sale under the U. P. Regulation of Sales Act 26 of 1934 and instead of auctioning the property transferred it in favour of four persons, Jokhu Mal, Sri Narain Mal, Sheo Shanker Mal and Rama Shanker M...
Gaya Deen Vs. Mst. Amrauti
Court: Allahabad
Decided on: Apr-04-1955
Reported in: AIR1955All630
Agarwala, J. 1. This is a plaintiff's appeal arising out of a suit for possession of a property which was in possession of one Mst. Newasi while she was alive and which she had, during her life-time, transferred by means of a sale deed to the respondent. The facts briefly stated are as follows:There were three brothers, Debi Prasad, Shiva Prasad and Mahabir, who formed a joint Hindu family. Shiva Prasad died in 1906 leaving Smt. Sambodha as his widow; Mahabir died in 1916 leaving Smt. Newasi as his widow; and Debi Prasad died in 1925 Leaving Smt. Tulsa as his widow. As the brothers were all members of a joint Hindu family, on the death of Shiva Prasad the estate passed to Debi Prasad and Mahabir; and on the death of Mahabir, Debi Prasad was the sole surviving coparcener of the property, and in law became the exclusive owner of the property, and the widows had only a claim for maintenance.The plaintiff-appellant is a collateral of Debi Prasad. On the deaths of Shiva Prasad and Mahabir, ...
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