Kolkata Court May 1897 Judgments
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Sarat Chandra Purkayestha Vs. Prokash Chundra Das Chowdhury and ors.
Court: Kolkata
Decided on: May-05-1897
Reported in: (1897)ILR24Cal751
Macpherson and Ameer Ali, JJ.1. The suits which have given rise to this and the two analogous appeals Nos. 108 and 186 of 1895, have been dismissed on the statements contained in the plaints, and without going into any evidence, on the ground that under Section 154, Clause (e) of the Assam Land and Revenue Regulation (I of 1886) the Civil Court had no jurisdiction to entertain them, and also because certain ijmali lands and jalkars had been excluded. It is sufficient to deal with appeal No. 279 (suit No. 280 of 1892), which has alone been argued, as it is admitted that the decision in this will govern the decision in the other cases.2. In suit No. 280 the plaintiffs ask for the partition of about 170 plots of land situated in one or other of the eleven mouzahs mentioned in the first 11 schedules to the plaint and appertaining to one or other of six revenue-paying estates, which may be described as No. 1, 7, 11, 22, 23 and 26. The plaintiffs and the three defendants are the owners, and,...
Sarala Dasi and ors. Vs. Jogendra Narayan Basu and anr.
Court: Kolkata
Decided on: May-05-1897
Reported in: (1898)ILR25Cal246
Maclean, C.J. and Banerjee, J.1. The appellants complain that the Judge in the Court below has not given them the interest to which they are entitled on the mortgage created in their favour by the defendants, the realisation of which security was the subject matter of the present suit. The questions we have to decide are first, whether, upon the construction of the mortgage deed, the plaintiffs as mortgagees are entitled to post diem interest at the rate stipulated for in the deed.2. If upon the construction of the deed, we arrive at a conclusion adverse to the plaintiffs, the appellants, then a further question would arise whether the plaintiffs are entitled to any and what interest upon the mortgage money up to the date of payment.3. In the view we take of the construction of the deed the second question does not arise. In my opinion, there is, though not an express, an implied, stipulation that post diem interest is to be paid and to be paid at the rate stipulated for in the deed. W...
Mathura Nath Ghose Vs. NobIn Chandra Kundu Biswas and anr.
Court: Kolkata
Decided on: May-04-1897
Reported in: (1897)ILR24Cal774
Banerjee, J. and Maclean, C.J.1. This appeal arises out of an application made by the respondent for setting aside the sale of a ganti tenure in execution of a decree for arrears of rent, on the allegation that he holds a subordinate tenure under the ganti tenure. The application purported to be made under Sections 244 and 311 of the Code of Civil Procedure.2. The Munsif held, and I think rightly held, that Section 244 has no application to a case like the present; and he rejected the application on the ground that the applicant was not entitled to make any such application under Section 311.3. Against the order of the Munsif the applicant preferred an appeal; and the learned Subordinate Judge in the Court below has set aside the order of the Munsif and directed him to entertain the application and to dispose of the same according to law. Against this order of the Subordinate Judge the auction purchaser has preferred this second appeal.4. At the hearing of the appeal, a preliminary obj...
Pryag Singh Vs. Raju Singh and ors.
Court: Kolkata
Decided on: May-01-1897
Reported in: (1898)ILR25Cal203
Trevelyan and Stevens, JJ.1. The facts necessary to narrate for the determination of this case are not many. A suit was brought for possession of a certain property, and a decree was made on the 10th August 1886 giving a right to obtain possession of 1 1/4 bighas of the property claimed and mesne profits. On the 27th November 1888 an application for execution was made, and on the 21st August 1892, according to the facts found by the Court below, the next application was made. That was an application for possession and for an inquiry as to mesne profits. Our decision must in reality turn on what took place on that application. A notice was issued and rightly so, inasmuch as more than a year had expired since the date of the decree, and inasmuch as the defendant was entitled to notice of an application for an inquiry as to mesne profits. This application, we may observe, was partly an application in execution of decree, that is to say, in so far as it sought for possession of the propert...
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