Kolkata Court August 1914 Judgments
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Prokash Chandra Ghose Vs. Hasan Banu Bibi
Court: Kolkata
Decided on: Aug-04-1914
Reported in: (1915)ILR42Cal1146,28Ind.Cas.450
Mookerjee and Beachcroft, JJ.1. This appeal is directed against an award in an apportionment case under the Land Acquisition Act. The facts necessary for the decision of the question of law raised before as may be briefly stated.2. On the 28th September 1912, the appellant advanced Rs. 5,000 to the respondent on mortgage of four properties in Calcutta. The mortgage money was repayable on the 28th September 1913, and carried interest at 12 per cent, per annum. One of the properties given by way of security was the subject matter of a proceeding under the Land Acquisition Act. The statutory declaration for the acquisition of the land bad been published on the 2nd February 1912 and the award of the Collector made on the 20th September 1912. The record does not show whether the mortgagee was, at the lime when he accepted the security, aware of the proceedings under the Land Acquisition Act ; it is probable that he had no knowledge thereof, and the case has been tried on that, assumption. O...
Ejel Mullick Vs. Felai Mullick
Court: Kolkata
Decided on: Aug-04-1914
Reported in: AIR1915Cal689,28Ind.Cas.498
Asutosh Mookerjee, J.1. This is an appeal by the plaintiff in a suit for recovery of arrears of rent for the period between the commencement of the year 1313 and the end of the first quarter of the year 1316. The plaintiff states that the defendant is in occupation of 22 bighas of land and is bound to pay rent therefor at the rate of Re. 1-8 per bigha, which is the prevailing rate for similar lands on the locality. The defendant contends that he holds only 15 bighas at n consolidated rental of Rs. 15-10 per year. The Court of first instance found that the defendant was in occupation of 20 bighas 11 cottahs 51/4 chhataks of land and made him liable for rent at the rate of Re. 1-8 per bigha, which was established to be the prevailing rate. In this view, the original Court gave the plaintiff a decree at the rate of Rs. 3-13-6 per year. On appeal by the defendant, the Subordinate Judge held that the plaintiff was entitled to vent at the annual rate of Rs. 22-8 calculated on the basis of a ...
Kali Kumar Chuckerbutty Vs. Aslam and ors.
Court: Kolkata
Decided on: Aug-03-1914
Reported in: 33Ind.Cas.139
1. This appeal arises out of a suit for the possession of a holding which the plaintiff had purchased at a sale in execution of a rent-decree in January 1906. He obtained formal delivery of possession in September 1906. The holding consisted of a homestead and the arable land attached thereto. In April 1907, the plaintiff sued for khas possession of that portion of the holding only which included the homestead. His allegation was that the defendants had dispossessed him of the homestead. That it was dismissed for want of prosecution in November 1907. An application to restore was also dismissed in February 1908. The plaintiff had also brought a criminal case charging the defendants with criminal trespass on the arable portion of the holding. The criminal case ended in acquittal in June 1908.2. The first Court held that the plaintiff's suit was barred so far as the homestead was concerned, his previous suit for the homestead having been dismissed. The Court, however, decreed the suit fo...
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