Kolkata Court November 1897 Judgments
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Harendra Lal Roy Vs. Bindubashini Dassi and ors.
Court: Kolkata
Decided on: Nov-26-1897
Reported in: (1898)ILR25Cal305
Maclean, C.J.1. The question we have to decide upon this appeal is whether the plaintiff in this suit is entitled to recover a sum of Rs. 383 odd under the following circumstances. The plaintiff was the mortgagee of a putni tenure; the defendants were the mortgagors. On the 13th August 1888, the mortgagee having instituted a suit to en force his mortgage security, a consent decree was made. The decree was for Rs. 35,000, but it went on to provide that, if that sum were not paid within a certain date which was mentioned in the solenamah which was embodied, in the decree, the amount was to be increased to Rs. 52,000, which the defendants were to he held liable to pay. On the 14th March 1891 the plaintiff applied for execution of that decree upon the footing that the smaller amount had admittedly not been paid within the stipulated period, and consequently that the larger amount was due to the plaintiff.2. The Subordinate Judge of Backergunge, who heard that application, made an order on ...
Basaraddi Sheikh Vs. Enajaddi Maleah
Court: Kolkata
Decided on: Nov-25-1897
Reported in: (1898)ILR25Cal298
Francis William Maclean, C.J.1. This appeal raises a short point of law, and the point of law is, whether, having regard to Sub-Section (2) of Section 55 of the Transfer of Property Act, a vendor of immoveable property must be, in the absence of any contract to the contrary, taken to covenant for title. The facts in this case lie within a very narrow compass. The plaintiff bought a small piece of land of the defendant in the year 1295 B.S. (1888) and the consideration money was thirty rupees. A conveyance was duly executed and registered. It appears that subsequently, after the conveyance to the plaintiff had been executed and registered, a question arose as to the title of the defendant, and certain proceedings were taken in which it was virtually decided that the defendants had no title. I may here remark that, in his defence in the present suit, the defendant does not allege that he has a title to the property in question.2. Under these circumstances the plaintiff sues the defendant...
Behary Lal Mookerjee and anr. Vs. Basarat Mandal and ors.
Court: Kolkata
Decided on: Nov-19-1897
Reported in: (1898)ILR25Cal289
Banerjee, J.1. In this appeal, which arises out of a suit for arrears of rent, the question is whether the deposit of rent set up in the defence of the tenants-defendants was a valid deposit under Section 62 of the Bengal Tenancy Act. The grounds upon which the learned Vakil for the plaintiffs-appellants asks us to hold that deposit to be invalid in law are, first, that the preliminary tender which was necessary in this case was not a valid tender as it was not made by the recorded tenants, but was made by the transferees from them; secondly, that the deposit was made in respect of rent which had not fallen due at the time; and, thirdly, that the deposit was made, not by the tenant as required by law, but by the transferee from him.2. The first objection is, in our opinion, concluded by the finding arrived at by the Lower Appellate Court, which is to the effect that the tender was made by two of the defendants, that is two of the recorded tenants.3. As to the second objection, it does ...
Doyal Chand Ghose Vs. Madhub Ram
Court: Kolkata
Decided on: Nov-19-1897
Reported in: (1898)ILR25Cal445
Banerjee, J.1. This appeal arises out of a suit for arrears of rent brought by the plaintiff-respondent on the allegation that in execution of a decree held by him against Bibi Jarao Kumari, he purchased at a sale held by public auction the interest of the said Bibi Jarao Kumari in a certain quantity of land; that the defendant holds the said land at a certain rent; and that the rent payable in respect of the period in suit is due to him from the defendant.2. The defence, so far as it is necessary to be referred to for the purposes of this appeal, was to the effect that the land in suit being basti land situated in Sulkea within the jurisdiction of the Howrah Municipality, the suit was not maintainable in the form in which it was brought and in the Court in which it was instituted; that there was no relation of landlord and tenant between the plaintiff and the defendant; and that the defendant was not liable for the rent claimed, and it had been paid to Bibi Jarao Kumari, and the plain...
The Legal Remembrancer Vs. Bhairab Chandra Chuckerbutty and ors.
Court: Kolkata
Decided on: Nov-16-1897
Reported in: (1898)ILR25Cal727
Banerjee and Wilkins, JJ.1. This is a rule granted on the application of the Deputy Legal Remembraneer, calling upon the accused to show cause why the case against them now pending in the Sessions Court of Burdwan should not be transferred to the Sessions Court of Alipur or to the Sessions Court of any other district, on the grounds: (1) That a fair and impartial trial cannot be had in the Sessions Court of Burdwan before a Burdwan jury, and (2) that the transfer is expedient for the ends of justice.2. In support of these two grounds two affidavits have been filed, one by Mr. Fisher. Magistrate of the district, and the other by Sheikh Bistu, brother of one of the two persons, said to have been murdered by the accused.3. The material statements contained in the District Magistrate's affidavit_are to the effect that the accused are sons and ' near relations of men of influence and position,' that the Magistrate who has been at Burdwan for about a year and-a-half and has come to know many...
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