Allahabad Court October 1961 Judgments
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Har Dayal and ors. Vs. Chotai and ors.
Court: Allahabad
Decided on: Oct-27-1961
Reported in: AIR1963All32
S.S. Dhavan, J. 1. This is a plaintiffs' second appeal against the decision of the Additional Civil Judge of Etawah dismissing their suit for an injunction restraining the defendants from interfering with their right to enter the defendants' land for the purpose of worshipping a deity installed on a chabutra and for drawing water from a well. In their plaint the plaintiffs alleged that the chabutra withthe deity and the well were situate on their land, but they abandoned this case during the trial and claimed a customary right of easement. The trial court held that the plaintiffs had established their right and issued an injunction against the defendants. In appeal the learned Judge held that no customary right had been proved and he dismissed the appeal. The plaintiffs have now come to this Court in second appeal. 2. I have read the judgments of the courts below and heard Mr. S. S. Tewari, learned counsel for the appellants. I think no customary right of easement is established. An ea...
Ram Kishore Vs. Raj NaraIn Dubey and ors.
Court: Allahabad
Decided on: Oct-27-1961
Reported in: AIR1963All23
ORDERMithan Lal, J. 1. I have heard learned counsel for the parties rather at some length. The point involved in this revision is whether the provisions of para 2 of Schedule I to the Indian Arbitration Act relating to the appointment of an umpire on the request of the arbitrators, is mandatory or merely directory; and whether in a case where no opportunity for taxing recourse to the provisions of Section 8(1)(c) arose, the provisions of para 2 could be treated to be merely directory and failure to appoint an umpire should be treated to be a mere irregularity.2. In this case the parties entered into an agreement to refer their disputes to arbitration on the 20th October 1959. Four persons were named as arbitrators. There is nothing in the agreement for the appointment of an umpire. It also does not contain a Clause that the decision by the majority shall be binding on the parties. Reference to arbitration was made on the 20th November 1959 and the award was filed in court on the 16th D...
Chheddu Singh Vs. Kewal and ors.
Court: Allahabad
Decided on: Oct-27-1961
Reported in: AIR1963All122
S.S. Dhavan, J.1. This is a plaintiff's second appealagainst the concurrent decisions of the courts below dismissing his suit for a mandatory injunction requiring thedefendants clean and open up a well on their own landso that the plaintiff can take water for the irrigation ofhis fields. The plaintiff claimed a right of easement.He alleged that he had been using this well for wateringhis fields for a long time, but the defendants recently hadfilled it up with earth and thus deprived him of its use.The defendants contested the suit and denied that the plaintiff had any right of easement. They admitted that theplaintiff had been permitted to draw water from this wellupto 15 years prior to the suit, but the well had beenabandoned, fallen into decay, and had dried up. Theyalso alleged that the suit was mala fide and that the plaintiff had filed it not because he needed the water butto feed his grudge against the defendants with whom hewas on bad terms. 2. The trial court did not give any f...
Lal Behari Vs. State
Court: Allahabad
Decided on: Oct-27-1961
Reported in: AIR1962All251
Nigam, J.1. The police of Mahmudabad, district Sitapur, submitted a charge sheet against Khunnoo Khan and thirteen others. One of the accused Puttoo-was acquitted by the judicial Officer, Sidhauli and the remaining twelve accused persons were acquitted on appeal by the learned Civil and Sessions Judge by judgment dated 6-2-1960. During the trial Lal Behari, the present applicant before us, was examined as a prosecution witness and he stated that Sheo Ram was not his cousin and that Sheo Ram's father Rani Bilas and Lal Behari's father Ram Prasad were not real brothers. It was submitted in an application under Section 476, Cri. P. C. by Khunnoo Khan that Lal Behari had intentionally given false evidence in the course of judicial proceedings to impress his independent character as a witness.The first application under Section 476, Criminal Procedure Code was preferred on 16-2-1960-Arguments were heard and the case was reserved for judgment. Then the learned Magistrate wanted to hear furth...
Bhagwan Sri Krishenji Maharaj Virajman Mandir, Khanpur Vs. Chuttan Lal
Court: Allahabad
Decided on: Oct-25-1961
Reported in: AIR1963All54
S.S. Dhavan, J.1. This is a plaintiff's second appeal against the decision of the learned Additional Civil Judge, Bulandshahr dismissing its suit for the ejectment of the defendant. The plaintiff is the deity of Bhagwan Sri Krishenji Maharaj Virajman Mandir Khanpur and filed this suit through its manager Ganga Saran. It was alleged in the plaint that Ganga Saran was the manager of the deity and had let out to the defendant a plot of land belonging to the plaintiff at a rental of Rs. 2/- per month, the tenancy commencing from the 1st of October, 1950. The defendant defaulted in payment of rent and a notice under Section 106 of the Transfer of Property Act was served of him,2. The defendant resisted the suit and contended that he had taken the land on lease from a man called Raghubir Saran and paid rent to him. He denied that Ganga Saran who is alleged by the plaintiff to have made the agreement was the manager of the deity.3. The trial Court disbelieved the defendant and decreed the sui...
Ram Nath and ors. Vs. Neta
Court: Allahabad
Decided on: Oct-25-1961
Reported in: AIR1962All604
S.S. Dhavan, J.1. This is a landlord's second appeal against the decision of the Civil Judge, Budaun dismissing their suit for possession of a house against the defendant. The plaintiffs Badri Prasad and Trilok Chand alleged in their plaint that they were the owners of an abata in the town of Bisauli and the houses situate in it, having purchased it from the previous owners in 1950. They further state that the defendant's father and uncle were the tenants of the plaintiff's predecessor in interest, having taken a lease for ten years in the year 1915 and executed a qabuliat in token of it; that after the death of the defendant's father, in or about 1922, they inherited the tenancy rights and continued as tenants without interruption and paid rent at the rate of Rs. 4/- per month. The plaintiff's case is that the defendants defaulted in the payment of rent and they were compelled to terminate their tenancy by a notice under Section 106 of the Transfer of Property Act. The defendants, how...
Ram Gopal Vs. Jhau Lal and ors.
Court: Allahabad
Decided on: Oct-23-1961
Reported in: AIR1963All126
ORDERS.N. Dwivedi, J.1. One Hanuman Prasad was the last mate owner of the house in dispute. Hanuman Prasad, as alleged by the plaintiff applicant, had executed two wills by which he devised the disputed property in favour of his widow Mohan Dei. Under the wills she was given a life interest in the property. Mohan Dei, transferred a portion of the disputed house to Jhau Laf, the opposite party in these cases, by means of a gift deed. Ram Gopal then instituted a suit in the court of the Munsif for a declaration that the gift deed in favour of Jhau Lal, not being justified by any legal necessity, was void on the death of Mohan Dei. He instituted the suit as the next presumptive reversicner of Hanuman Prasad. In the suit he impleaded Jhau Lal, the donee, and Mohan Dei, the donor, as defendants. The Munsif granted the declaration sought for. It may be mentioned here that Ram Gopal had also asked for a relief of possession, over the gifted property. The Munsif did not grant that relief. Ram ...
Harbanswala Tea Estate Vs. Srivastava (J.N.) (Regional Conciliation Of ...
Court: Allahabad
Decided on: Oct-23-1961
Reported in: (1962)IILLJ702All
V.G. Oak, J.1. This writ petition is directed against an award delivered by an arbitrator. Harbansiwala Tea Estate, Debra Dan, are the petitioner. Sri Mehra, who is the manager of the petitioner estate, has filed an affidavit in support of the petition.2. According to the affidavit, Mata Din and others, who are opposite parties 2 to 7 in the writ petition, were six employees of the petitioner. The petitioner imposed various penalties upon the six workmen. They complained that the punishments so awarded were unjustified. The dispute between the management and the six workmen was referred to arbitration. Sri Srivastava, Regional Conciliation Officer, Meerut, was appointed arbitrator. He gave an award on 15 January 1960 in favour of the workmen. According to the petitioner, the award is vitiated for various reasons. The petitioner has therefore prayed that the award dated 15 January 1960 be quashed.3. The Secretary, Chai Bagan Mazdoor Union, is opposite party 8. Sri Mela Ram, who is the g...
State Vs. Mohammad Naim
Court: Allahabad
Decided on: Oct-23-1961
Reported in: 1962CriLJ125
ORDERA.N. Mulla, J.1. This is an application Under Section 561-A of the Code of Criminal Procedure filed by the State praying that certain observations made by me in. State v. Mohammad Naim, Criminal Misc. Case. No. 87 of .1961 be expunged2. Mohammad Naim was a police officer who had fabricated the first information report in Criminal Appeal No 8 of 1961 and a notice was issued to him by me as to why a complaint should not be instituted against him Under Section 195, I. P. Code. Mohammad Nairn pleaded guilty and I reluctantly accepted his apology and discharged the notice issued to him. In this order I had rand certain observations With a view to draw the after Son of the State to the conditions that exist so that an attempt should be made to purity 'the administration. The State instead of giving consideration to the observations which I made Seems to have come to the conclusion that these observations do not present a true picture and so It has come forward with this application.3. T...
Chandu Lal and anr. Vs. Ram Autar and anr.
Court: Allahabad
Decided on: Oct-13-1961
Reported in: AIR1962All357
ORDERMithan Lal, J. 1. This civil revision arises out ofthe following circumstances. 2. Chandu Lal applicant relying upon toe mercantile usage prevailing in Farukhabad filed same complaint in Kotwali police on which thedefendants opposite parties were taken into custody. At that very time an agreement was arrived at between the, parties to refer their dispute to the arbitration of one Sri Ram Narain Kapur, who happened to be the brother of Chandu Lal applicant. This agreement was executed on 2lst February 1955. It was followed by an award on 10th March 1955. The Arbitrator informed the parties of the making and signing of the award on 11th March 1955. Thereafter an application under Section 14(2) of the Arbitration Act was filed on 23rd March 1955. No notice of the filing of the award was originally given, but the Court finding this defect accepted the objections, though filed beyond time. Since this is not a point in dispute before me it is not necessary to say anything more about it....
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