Kolkata Court May 1914 Judgments
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Bishwambhar Saha and ors. Vs. Ram Sundar Kaibarta Das
Court: Kolkata
Decided on: May-27-1914
Reported in: AIR1915Cal725,30Ind.Cas.719
1. This is a second appeal arising out of a decision given by the Sub ordinate Judge of Comilla on the 13th November 1911 holding that a certain application under Section 90 of the Transfer of Property Act was not barred by limitation and that the suit must be remanded to the Munsif for determination of what balance is legally recoverable from the defendant otherwise than from the property sold. An appeal was preferred to this Court on the 15th July 1912 and the first ground was with regard to the question of limitation; the second ground was with regard to the order of remand, the third was the general ground that the learned Subordinate Judge has misconstrued the law. That can only refer to the law of limitation which was the only question raised.2. As regards the remand we find that the defendants-appellants have been guilty of the greatest laches. The appeal, which they filed on the 4th May 1912, was without the certified copy of the Mnnsif's judgment and could not be admitted till...
Rameswar Mandal and ors. Vs. Provabati Debi
Court: Kolkata
Decided on: May-27-1914
Reported in: AIR1915Cal141(2),25Ind.Cas.84
Asutosh Mookerjee, J.1. This is an appeal by the first nine defendants in a suit by a Hindu reversioner for declaration that certain alienations, made by a widow in possession of the estate of her husband, were in excess of her authority and do not bind the inheritance. The properties in dispute belonged to the father of the plaintiff, Rakhal Chandra Mookerjee, and his brother Bagala Chandra Mookerjee. Rakhal Chandra Mookerjee died in 1883, leaving a widow Sukhada Sundari Debiand an unmarried daughter by her, Pravabati Debi, now plaintiff-respondent before us. On the 25th November 1885 Sukhada Sundari and her brother-in-law, Bagala Chandra, borrowed a sum of Rs. 399 from Rameswar Mandal, the first defendant in this suit. The creditor sued on the money-bond and obtained an exparte decree on the 6th April, 1888. The decree was executed in due course and the right, title and interest of the judgment-debtors in the disputed properties, was sold on the 2nd July 1888, when the decree-holder,...
Shiba Sundari Dasi Vs. Ram Gobinda Das and ors.
Court: Kolkata
Decided on: May-27-1914
Reported in: 25Ind.Cas.90
1. This is an appeal from the judgment and decree of the learned District Judge of Rangpore in a suit for rent for the years 1315 and 1316 brought by the plaintiff as 4 annas co-sharer landlord. The defendants Nos. 3 to 5 are the landlords of the 12 annas, and the defendants Nos. 1 and 2 are tenants. One Shibu was the original proprietor of the 4-annas estate. He died leaving a widow named Surjamoni. She mortgaged the whole 4-annas with the consent of the then nearest reversioner a daughter's son named Ramratan to defendants Nos. 6 and 7. The 4-annas was sold in execution of the mortgage decree and purchased by the defendants Nos. 6 and 7 who sold it to the plaintiff in the year 1908. Upon the death of Surjamoni which took place in 1315 (1908-09) which must have been after the sale, inasmuch as her name appears in the sale certificate, the defendants Nos. 3 to 5, the then nearest reversioners, became entitled to the estate, Ramratan having died pre viously in the year 1900. The Munsif,...
Pranhari Guha Vs. Chandra Kumar Guha and anr.
Court: Kolkata
Decided on: May-27-1914
Reported in: AIR1914Cal826,25Ind.Cas.204
1. This is a second appeal in a rent suit with a rule for consideration of the question of jurisdiction under Section 115 of the Code of Civil Procedure in case no appeal lay.2. The learned Munsif raised the question as to the rate of rent and the District Judge, therefore, after first holding that the plaintiff's suit must be dismissed in revision upon the gross error in the case subsequently held that by reason of this question of the amount of rent an appeal lay to him, and he, therefore, decided the appeal on its merits on the finding that there was no relationship of landlord and tenant between the parties.3. It is clear that under Section 153, Civil Procedure Code, We have only to deal with the judgment and decree of the learned District Judge. We have nothing whatever to do with what questions were raised before the Munsif. As there was no question before the Judge of the rate of rent, we are of opinion that no appeal lies to us in the case the rent sued for being 15 rupees only...
P. Chowdhury, Esqr., Receiver of the Estate of Deity Kali Krishna Joge ...
Court: Kolkata
Decided on: May-27-1914
Reported in: 24Ind.Cas.739
1. This second appeal arises out of a suit for rent brought by the Receiver of a certain estate against defendants Nos. 1 and 2 for a jama of Rs. 32-11. The jama is admittedly registered in the name of defendant No. 1 alone. The plaintiff' had-brought a previous suit for 1308 to 1310' against these defendants for this very jama. The defendant No. 2 filed a written statement in that suit denying the existence of the relationship of landlord and tenant, but lie did not appear at the hearing and the suit was decreed ex parte. The decree is before us and it merely shows that the plaintiff having appeared by Pleader and the defendant not having appeared, the plaintiff's claim, that is the amount of rent, was decreed ex parte. There is nothing in this decree to show that the question of the relationship of landlord and tenant was agitated or decided in that suit. The Munsif decreed the plaintiff's suit holding that the ex parte decree followed by realization in execution had the effect of a ...
Jibananda Chakkabarty Vs. Kalidas Malik
Court: Kolkata
Decided on: May-26-1914
Reported in: AIR1915Cal199,(1915)ILR42Cal164
Mookerjee and Beachcroft, JJ.1. This is an appeal by the defendants in a suit for declaration of the prescriptive right of the plaintiffs to take water from a tank, for removal of the obstruction erected by the defendants to the exercise of such right, and for an injunction to restrain interference in future. The facts are not in controversy at this stage and may be briefly narrated. The defendants are the owners of a tank which stands on their laud. The plaintiffs are neighbours and have their residence at some distance towards the east of the tank. They and the members of their family have, for more than 20 years, peaceably and openly, as of right and without interruption used the water of the tank, and claiming title thereto as an easement. They used to obtain access to the water by a path across the east bank and down a flight of steps on the eastern slope of the bank. In 1908, the defendants re-excavated the tank, repaired the slopes on all sides and built a flight of masonry step...
Madhu Sardar Vs. Khitish Chandra Bakerjee
Court: Kolkata
Decided on: May-26-1914
Reported in: (1915)ILR42Cal289
Mookerjee and Beachcroft, JJ.1. This appeal is directed against an order made in the course of a proceeding under the Provincial Insolvency Act. On the 1st August 1912, the respondent, Khitish Chandra Banerjee, applied to be adjudicated an insolvent. The order was made on the 30th September 1912. Meanwhile on the 2nd September 1912, the District Judge had appointed an interim reciever under Section 13, Clause (2). Notice was issued at the same time to the Examiner of the Eastern Bengal State Railway to pay into Court what was due from the Railway authorities to the insolvent. Before this intimation reached the railway authorities, the sum in their hands, which had been attached in execution of a decree obtained by the appellant against the applicant in insolvency, was paid into the Court of the Munsif of Goalundo. The money has subsequently been transferred by the Goalundo Court to the Court of the District Judge of the 24-Perganas, and is now in the hands of the receiver appointed aft...
Kulada Prosad Deghoria Vs. Kali Das Naik
Court: Kolkata
Decided on: May-26-1914
Reported in: (1915)ILR42Cal536
Mookerjee and Beachcroft, JJ.1. This is an appeal by the first defendant in a suit for recovery of possession, of immoveable property on declaration of title. The Courts below have concurrently found in favonr of the plaintiffs, and have given them a decree, on declaration that their title has not been affected by the sale in execution of a rent decree in a fraudulent suit for recovery of alleged arrears of rent. On the present appeal, one substantial question of law has boon argued touching the validity of the title of the plaintiffs which is based ultimately on two permanent leases granted by a shebait in respect of the properties of a religious endowment. The facts antecedent to this litigation, though o a complex character, may be briefly narrated in so far us such recital is necessary for the appreciation and determination of the question of law raised before as.2. The disputed properties lie within the zemindary of the Maharaja of Pachete. In the early years of the 19th century, ...
Madhu Sardar Vs. Khitish Chandra Banerjee
Court: Kolkata
Decided on: May-26-1914
Reported in: 30Ind.Cas.82
1. This appeal is directed against an order made in the course of a proceeding under the Provincial Insolvency Act. On the 1st August 1912, the respondent, Khitish Chandra Banerjee, applied to he adjudicated an insolvent. The order was made on the 30th September 1912. Meanwhile on the 2nd September 1912, the District Judge had appointed an interim Receiver under Section 13, Clause (2), Notice was issued at the same time to the Examiner of the Eastern Bengal State Railway to pay into Court what was due from the Railway authorities to the insolvent. Before this intimation reached the Railway authorities, the sum in their hands, which had been attached in execution of a decree obtained by the appellant against the applicant in insolvency, was paid into the Court of the Munsif of Goalundo. The money has subsequently been transferred by the Goalundo Court to the Court of the District Judge of the 24-Perganas, and is now in the hands of the Receiver appointed after the adjudication order. Th...
Rajah Makund Deb Vs. Gopi Nath Sahu and ors.
Court: Kolkata
Decided on: May-26-1914
Reported in: AIR1914Cal836,25Ind.Cas.286
1. This is an appeal by the plaintiff in a suit for declaration of title to land and for ejectment of the defendants or, in the alternative, for assessment of fair rent payable by them. Defendants resisted the claim for ejectment and contended, that as they were permanent tenure-holders under the plaintiff, the rent was not liable to enhancement. The Courts below have concurrently dismissed the suit. The District Judge has held that there was a strong body of documentary evidence to show that the defendants and their predecessors had been continuously recognised as holders of a permanent tenure from before 1837 and that there was no relevant evidence inconsistent with the existence of the tenure. The nature of the documentary evidence, upon which the Courts below have relied, may be briefly described. The first piece of documentary evidence in order of time is a Settlement field book dated the 10th February 1837, in which it is, recorded that village Satrapur, now in dispute, was held ...
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