Kolkata Court March 1917 Judgments
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Abinash Chandra Das and ors. Vs. Hem Kumari Dasi Wife of Basanta Kumar ...
Court: Kolkata
Decided on: Mar-01-1917
Reported in: 40Ind.Cas.609
Fletcher, J.1. This is an appeal from an order of the learned Subordinate Judge of Nadia, dated the 18th March 1915. The appeal is preferred against an order, dismissing an application for execution. The facts are as follows: The defendant No. 2 in the month of January 1901 mortgaged a certain property to the plaintiff to secure the sum of Rs. 4,750. A suit was brought on the mortgage and it was decreed for the sum of Rs. 7,000. In execution of that decree the property was put up for sale and purchased by the plaintiff, the mortgagee, for the sum of Rs. 5,800 On attempting to take possession the plaintiff was resisted by the defendant No. 1, on the allegation that she (defendant No. 1) had a lease of the property after the date of the mortgage for a term of eleven years expiring in the year 1322 B.S. So her lease has now wholly expired. The plaintiff then instituted a suit for possession. By agreement between the parties the matter in dispute was referred to arbitration. The arbitrator...
Bhupendra Kumar Sarkar and ors. Vs. Rani Kissori Dasi Executrix to the ...
Court: Kolkata
Decided on: Mar-01-1917
Reported in: 40Ind.Cas.614
Fletcher, J.1. This is an appeal by the plaintiffs against the judgment of the learned District Judge of Berhampore, dated the 19th August 1914, affirming the decision of the Munsif of the same place. The plaintiffs brought the suit to recover the rent in arrear, they being the zemindars and the defendant being the patnidar under them. The plaintiffs put in before the Collector an application under Regulation VIII of 1819, for the purpose of realising the rent in arrears. They claimed a sum in excess of what was admitted by the defendant. The result was that the Collector having adjudicated under Section 14 of the Regulation on this matter found the rent to be as stated by the defendant and awarded a sum of Rs. 32 to the defendant as her costs in the proceedings before him. The plaintiffs did not accept this and brought the present suit for recovering the rent in arrears. The. suit failed in both the lower Courts and the grounds on which it failed are these: First of all the Courts fou...
Dhanon Joy Bhuiya Vs. Nimai Chand Das
Court: Kolkata
Decided on: Mar-01-1917
Reported in: 42Ind.Cas.574
Fletcher, J.1. This is an appeal by the opposite party as he is called, against, an order of the learned District Judge of the 24-Pergannahs, dated the 10th Jane 1915. The appeal arises out of an application that was made to the learned District Judge under the provisions of the Guardians and Wards Act. The application was made by their respondent to the present appeal Nimiai Chand, Das, asking that he should be appointed the guardian both of the persons and the. pro-parties of the infant children of a deceased Hindu named Dina Nath Das. The application was. opposed by the appellant before us, on the ground that he was the executor under the terms of the Will of Dina Nath Das and that he was also, in accordance with the terms of that Will, the guardian of both the persons and the properties of the minors. The learned Judge came to the conclusion that the appellant before us was not the guardian and appointed the respondent to this appeal guardian, both of the persons and the properties...
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