Kolkata Court April 1917 Judgments
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Gnanendra Nath Sanyal Vs. Srimati Mohendra Mohini Debya
Court: Kolkata
Decided on: Apr-03-1917
Reported in: 42Ind.Cas.884
Fletcher, J.1. This is an appeal from a decision of the learned District Judge of Nadia reversing a decision of the Munsif of Meherpur. The plaintiff brought the suit, to recover possession of a moiety share of a, garden which had been conveyed to him by a conveyance executed in the year. 1305 corresponding with the year 1898. The conveyance was executed by a Hindu widow named. Soshi Sundari. The plaint as originally drawn alleged that Soshi Sundari derived title to the property from her husband. That was proved to be a mistake, and the plaint was amended and it was alleged that Soshi Sundari took the property by gift from her father-in-law, Ganga Narain Acharjee, in the year 1271 corresponding with the year 1864. Soshi Sundari was at' that time a childless Hindu widow and apparently, at any rate it is found by the Courts below that Ganga Narain was about to renounce this world and in the view of the lower Appellate Court, the gift was made to Soshi Sundari for her maintenance. Soshi S...
Meyoa Lall Ghose and ors. Vs. Gobinda Sunder Sinha Chowdhury
Court: Kolkata
Decided on: Apr-02-1917
Reported in: 41Ind.Cas.679
Fletcher, J.1. This is an appeal by the plaintiff against a decision of the learned District Judge of Murshidabad modifying a decision of the Subordinate Judge of Barhampur. The suit was brought by the plaintiff for a declaration of his patni right in certain lands, for khas possession and also for damages against the defendants for cutting and appropriating fourteen palm-trees. The defence was that the lands were parts of a raiyati holding of the defendants and that there was a custom in the locality under which the tenants had the right to cut down trees and appropriate the timber. The learned Judges in both the lower Courts held, on the question as to whether the trees felled were growing on the land that formed a portion of the raiyati holding of the' defendants, that having regard to the facts, the onus lay on the plaintiff. The present appeal is preferred wholly against the learned Judges having placed the onus on the plaintiff in that manner. Now, it is found as a fact by the le...
Prasanna Kumar Bhattacharjee Vs. Ibrahim Mirza and ors.
Court: Kolkata
Decided on: Apr-02-1917
Reported in: 41Ind.Cas.924
Fletcher, J.1. This is an appeal by the plaintiff against a decision of the learned Subordinate Judge of Berhampur, dated the 4th February 1913, affirming the decision of the Munsif of Lalbagh. The plaintiff brought the suit asking, first of all, for possession of a certain occupancy holding which he had bought at a sale in execution hold under a decree founded on a mortgage. In the alternative, he asked that, in the event of his not being able to recover possession of that land, he might be allowed to recover back the money that he had paid for the purchase of the land. The first defendant, who was a co-sharer-landlord, resisted the plaintiff's claim on the ground that he was a purchaser of the property under a rent-decree and that, therefore, the plaintiff could have no right as against a person claiming under a rent-decree. The learned Judge found that portion of the case against the plaintiff and there is no appeal here with reference to that, namely, that the first defendant is no...
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