Kolkata Court February 1908 Judgments
Suraj Prosad Sukul and ors. Vs. Midnapur Zemindari Company Ltd.
Court: Kolkata
Decided on: Feb-21-1908
Reported in: 77Ind.Cas.954
1. This is an appeal against a decision of the District Judge of Midnapore, dated the 7th February 1906.2. The appeal arises out of a suit for enhancement of the rent of a tenure under Section 7 of the Bengal Tenancy Act; The Subordinate Judge enhanced the rent from Rs. 667-15 to Rs. 1,242 which he considered to be fair and equitable rent. He found that there was no customary rate and assessed the gross rental of the tenure at Rs, 2,237-10-2 and after deducting Es. 7 per cent, as the cost of collections, allowed the tenure-holder a profit of 40 per cent, of the collections, and gave the balance of Rs. 60 per cent, as enhancement payable to the landlord.2. There was an appeal to the District Judge, and the District Judge affirmed the decree of the First Court.3. The defendants now appeal to this Court and urge that by their kabuliyat of 1875, the rate of rent was fixed, in perpetuity and that they were not bound to pay any further rent for the land for which they then agreed to pay rent...
Tag this Judgment!Mahabir Pershad Singh and ors. Vs. Prabhu Singh and ors.
Court: Kolkata
Decided on: Feb-17-1908
Reported in: 3Ind.Cas.686
1. This is an appeal preferred by defendants Nos. 2 and 3 against the judgment of the Subordinate Judge in favour of the plaintiff.2. The action was brought on a mortgage executed on July 17th, 1900, by defendant No. 1, in favour of the plaintiff. The defendants-appellants are mortgagees who obtained a decree on a mortgage, dated November 1894, against defendant No. 1.3. The question in controversy between the parties relates to the priority in respect of their charges.4. The mortgages which are material to the present appeal are three in number. The first is dated February 1894. Under it the defendant No. 1 and a brother of his who is not a party to the present action executed a mortgage of 16 annas of Aslampur in favour of the plaintiff to secure a sum of Rs. 7,000. The second mortgage in point of date was executed in November 1894. Under it the defendant and his brother granted a mortgage of 16 annas of Aslampur in favour of the defendants Nos. 2 and 3 to secure a sum advanced to th...
Tag this Judgment!Durga Dass NaraIn and ors. Vs. Umatul HoseIn Begam and ors.
Court: Kolkata
Decided on: Feb-17-1908
Reported in: 4Ind.Cas.46
1. The present appeal is directed against an order of the Subordinate Judge of Patna directing that the decree obtained in his Court against the father of the appellants should be sent to the District Judge of Gaya for execution in order that the decree might be executed by the sale of certain property which had been attached by the District Judge of Gaya in proceedings taken previously in execution of the same decree in his Court. The execution case had been struck off for default by the Judge of Gaya after the property had been attached and the decree had been returned to the Subordinate Judge of Patna.2. It appears that the present respondent brought a suit against the father of the present appellants and obtained a decree on the 17th February 1904, for Rs. 8,699-5-0 in the Court of the Subordinate Judge of Patna. Afterwards the decree-holder applied for execution of the decree by attachment and sale of the property belonging to the judgment-debtors in the District of Gaya and put i...
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