Kolkata Court January 1917 Judgments

Ketabdi Sheikh Vs. Tola Bibi and ors.

Court: Kolkata

Reported in: 38Ind.Cas.187

1. The learned Judge has found on appeal that it is clear that Tola Bibi alone was in possession of the jamai lands in exclusion of others for more than 12 years and has acquired a right to it by her adverse possession.'2. It appears, however, that these others are her co-sharers. Now, in order to acquire a title by adverse possession against co-sharers, it must be proved that the title of the co-sharers was disclaimed to their knowledge, and possession held by excluding them. It does not appear that the mind of the learned Judge was directed to this aspect of the case.3. We think, therefore, that there ought to be a clear finding on this point, that is to say, whether the possession of Tola Bibi in the jamai lands was adverse to the knowledge of her co-sharers for the statutory period, so as to give her a statutory title.4. The appeal will be retained on the file of this Court.5. The finding must be returned to this Court within six weeks under Order XLI, Rule 25, of the Civil Procedu...

Sarat Chandra Ghosh and ors. Vs. Entaz Sheik and ors.

Court: Kolkata

Reported in: 38Ind.Cas.578

D. Chatterjee, J.1. The main question in this case is whether the defendants are raiyats with a fixed rent. The decision depends upon the construction of the kabuliyat by which it is stipulated that * * * ********** decrease or increase of jama shall not come into force for any reason (such as) inundation, drought, failure of crops, etc. It is contended on behalf of the plaintiff that the word * * (increase) should be expunged as redundant because the reasons enumerated are reasons for decrease of rent only and the word * * * (etcetera) must be read on the principle of ejusdem generis. I think we cannot get rid of the word * * * (increase) in this way. The phrase * * * * (decrease and increase) is a word of very common occurrence in leases which are given * * * * * *, i.e., with a liability to decrease and increase and * * * (there is no decrease or increase) or words to that effect, meaning without decrease or increase. Here the words are * * * * * * (decrease or increase shall not co...

Subaj Mal Kharad Vs. Akshoy Kumar Roy Chowdhury and anr.

Court: Kolkata

Walmsley, J.The suit from which this appeal arises was instituted by two Hindu gentlemen with the permission of the Advocate. General in regard to a piece of land which they described as a public highway, and the relief for which they asked is in the terms of form No. 31 in Appendix A of the Civil Procedure Code. The defendant, now appellant, is a Marwari who has built a temple on land immediately adjoining the strip which the plaintiffs say is a public highway.2. The learned Subordinate Judge in the first Court found that the plaintiffs had proved their case, and granted them a decree, and this decision was confirmed by the learned District Judge in appeal.3. The first argument pressed in support of the appeal is that the plaintiffs could not sue under Section 91, Civil Procedure Code, because the land lies within the area of the Calcutta Municipality and reference is made, to Section 336 of the Calcutta Municipal Act which declares that: 'All public streets * * * including the soil *...

Re Ketokey Charan Banerji and ors. Vs. Srimati Sarat Kumari Debi

Court: Kolkata

Reported in: 40Ind.Cas.999

Lancelot Sanderson, C.J.1. In this case there was a firm consisting of certain persons Ketokey Charan Banerjee, Apurna Chunder Banerjee. Keshini Charan Banerjee, Gryanada Churn Banerjee and Nagendra Nath Banerjee, who, as I understand, it has been found, had certain interest in the firm. The business was carried on under the style of A.C. Chatterjee & Co. The first four of the above-mentioned persons were adjudicated insolvents upon the application of one Sarat Kumari Debi who is the wife of one Surendra Nath Banerjee, and it has been found that Surendra Nath Banerjee and Nagendra Nath Banerjee were joint in business. The basis of the application for the adjudication in insolvency was that certain shares in the business had been assigned to an individual whose name was Dinonath Mukerjee and the order of adjudication was made upon that allegation. After two or three investigations, it was found that the assignment to Dinonath was an assignment to him as a benamdar for Nagendra Nath Bane...

Sashi Bhusan Das Vs. Pratur Chandra Roy and ors.

Court: Kolkata

Reported in: 37Ind.Cas.802

Fletcher, J.1. This is an appeal from an order of the learned District Judge of Chittagong, dated the 12th August 1915, affirming the order of the Munsif of North Rouzan, dated the 8th April of the same year. The application out of which the present appeal arises was an application for a decree absolute in a suit for foreclosure. The first decree was made by-consent on the 28th December 1909. The date for payment under the terms of that decree was February 1910 and it was provided that, unless payment was made before that date, the mortgagor would be debarred from the right to redeem the property. Subsequent to that, on the 13th January 1912, an application was made for substitution and execution of the decree. That application was dismissed as no affidavit of service was filed in Court. The present application was made on the 7th April 1915. As already stated, the application was made for a final decree in a suit for foreclosure. That is how the parties treated the matter and that is ...

Kailas Chandra Sarkar Vs. Kantiram Das Bania

Court: Kolkata

Reported in: 37Ind.Cas.993

Fletcher, J.1. This is an appeal against an order passed by the learned District Judge of Rangpur, dated the 27th May 1915. The appeal arises out of an application made in some insolvency proceedings. The appellant before us is a creditor who appears to have proved his debt in the insolvency proceedings. This creditor obtained a decree against the insolvent. He then applied to the learned District Judge for leave to execute the decree that was held by him. The District Judge was of opinion that he had no jurisdiction to do so. I am not satisfied that that is right. Many orders have been made under the Provincial Insolvency Act declaring that a creditor is at liberty to execute his decree against the property alleged to be the property of the insolvent upon his undertaking to hand over to the Receiver of the estate of the insolvent for the benefit of the general body of the creditors the sum so realised in execution. It seems to me that, in that view, the learned District Judge would ha...

Ganga Prasad Dutt Vs. Rani Hemangini Debt, Executrix to the Estate of ...

Court: Kolkata

Reported in: 37Ind.Cas.997

Fletcher, J.1. This is an appeal preferred by the decree-holder against an order of the learned Officiating Subordinate Judge of Pabna, dated the 31st May 1913. The appellant, the decree-holder, brought a suit for recovery of possession of certain land and also for mesne profits. The decree was made as long ago as 1909. The first, what is called in this country the execution case, was in 1909 in which possession was given of the land. Then there was another execution case to realise the costs of the suit. Then came a series of applications to the Court for assessment and realisation of mesne profits, the last of which is the present application presented to the Court on the 25th March 1913. On this application coming on before the learned Officiating Subordinate Judge, he held that the application was not one made in execution of the decree but an application in the suit itself and that, the former applications having been dismissed for default of the decree-holder, the decree-holder h...

Radhika Nath Roy Vs. Samir Fakir

Court: Kolkata

Reported in: 38Ind.Cas.49

Fletcher, J.1. This is a Rule obtained by the plaintiff calling upon the defendant to show cause why the judgment and decree of the Small Cause Court at Rungpore, dated the 30th May 1916 complained of in the petition should not be set aside. The plaintiff brought the suit to recover from the defendant the value of certain mango trees which had been felled by the defendant, and appropriated to his own use. The plaintiff was the landlord and the defendant was the tenant. The learned Judge of the Small Cause Court has found that the defendant is a raiyat holding at a fixed rate of rent; that is, that the tenant has a raiyati interest under a perpetual grant at a rent which is not liable to be increased. This Rule was obtained on the ground that a raiyat of that class is not entitled to fell and appropriate the timbers when so felled. The case has been argued before us not only on that footing but an attempt has also been made to get us to differ from the finding arrived at by the learned ...

Tekat Mal Oswal Vs. Ananda Moy Basu

Court: Kolkata

Reported in: 38Ind.Cas.226

1. This Rule must be discharged. The point now sought to be raised on behalf of the petitioner was never raised in the Court below and the mere fact that one or the parties did not sign the petition of reference is not conclusive that he was not a party to the case sent to the arbitrators. The Rule is accordingly discharged with costs, two gold mohurs....

Nibaran Chandra Kundu Vs. Chairman of the Corporation of Calcutta

Court: Kolkata

Reported in: 38Ind.Cas.960

1. In this case the petitioner is the owner of a bustee known as No. 6, Creek Lane. He has been convicted and sentenced under Section 574 read with Section 108 of the Calcutta Municipal Act in respect of his non-compliance with the requirements of a notice served upon him. on the 3rd of January 1916 under the provisions of Section 408.2. The notice direoted him, inter alia, to construct a certain portion of a road or passage marked C.C. in the standard plan and an underlying 6 inches sewer, also to extend the unfiltered water-supply throughout the bustee, to construct cement surface drains, to build a connected latrine and thereafter to remove two privies.3. It is admitted in the affidavit that has been filed on behalf of the Corporation that on receipt of a certain sum of money and of an undertaking from one Sital Chandra Banerjee [the owner of the adjoining bustee No. 6 (1)] and of a further undertaking from the petitioner that he will pay the compensation awarded to tenants in respe...