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Kolkata Court June 1912 Judgments

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Jun 04 1912

Mahomed Esmat Khan Vs. Nunda Dulal Chakrabarti

Court: Kolkata

Decided on: Jun-04-1912

Reported in: 16Ind.Cas.390

1. This is an appeal on behalf of the defendants in a suit for specific performance of a contract to grant a permanent lease.2. The case for the plaintiff is that the defendant executed in his favour an amalnamah on receipt of a premium and agreed to grant him a permanent lease of the disputed property, that the defendant has not executed the requisite document, and that consequently the plaintiff is entitled to call upon him to execute and register a lease so that the title of the plaintiff may be perfected.3. The Court of first instance dismissed the suit refusing to receive in evidence the amalnamah as also oral evidence in proof of the terms of the alleged contract. Upon appeal, the Subordinate Judge has held that the amalnamah and oral evidence are admissible in proof of the terms of the contract. He has, therefore, remanded the case for trial; but he has expunged two issues which raised a question as to the competency of the defendant to execute a permanent lease in respect of wh...


Jun 04 1912

Raghu Nath Sahay and ors. Vs. Chandra Protap Singh

Court: Kolkata

Decided on: Jun-04-1912

Reported in: 15Ind.Cas.268

1. This appeal arises out of a suit brought to enforce specific performance of a contract.2. The defendants, who are the appellants before us, entered into an agreement on the 22nd April 1908, to sell certain landed property to the plaintiff, the father of the substituted minor respondents in this appeal, for the sum of Rs. 25,000. A sum of Rs. 6,000 towards the purchase-money was paid down by the plaintiff at the time of the agreement on the understanding that the necessary conveyance would be executed and duly registered within two months, and that the balance of Rs. 19,000 would be forthcoming on completion. It was, as evidenced by the written agreement Exhibit I, farther stipulated that, if the transaction were not completed in consequence of any default on the part of the defendants, the plaintiff would be free to enforce specific performance at law and would be entitled to be credited with interest on his deposit from the date on which it was made; whereas, if the transaction wer...


Jun 04 1912

Sundar Das Khetry, and on His Death, His Heirs and Legal Representativ ...

Court: Kolkata

Decided on: Jun-04-1912

Reported in: 15Ind.Cas.288

1. This appeal arises out of a suit brought by the plaintiffs to establish their title to and recover possession of certain lease-hold properties along with the colliery, engines, machinery, tools, plant and whatever else there might be standing thereon, The contest is between the plaintiffs as purchasers from the Official Assignee of Bengal and the defendants as purchasers in execution of a decree.2. The facts are shortly as follow?: On 1st December 1909, the defendants granted a potta of coal lands to Atul Nath Chatterjee and Rojindra Nath Chatterjee at an annual jama of Rs. 3,623-11-10 and a salami of Rs. 4,000. The lessees were two of four brothers, the others being Aghore Nath Chatterjee and Chandra Nath Chatterjee. The four brothers, who were members of a joint family, became heavily indebted to several creditors. Ola 6th December 1903, the present defendants filed a suit against their lessees for rent under the pitta, and on 23rd June 1904, obtained a decree against them for Rs....


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