Kolkata Court May 1917 Judgments
Sarada Charan Mozumdar Vs. Kumar Birendranath Roy and ors.
Court: Kolkata
Decided on: May-30-1917
Reported in: 41Ind.Cas.615
1. This appeal arises out of a suit for recovery of possession of the properties in dispute on a declaration of the plaintiff's right thereto, and for other reliefs. The plaintiff's ease shortly stated is that there were certain debutter properties of the Nattore Raj family deities, that Raja Shibnath belonging to the younger branch (chota taraf) of the family inherited the same as shebait, and after his death his widow adopted Raja Ananda Nath, who accordingly obtained the said debutter properties by inheritance as shebait together with certain other properties acquired with the income of the debutter properties. Ananda Nath left four sons, Raja Chander Nath, Kumud Nath, Nagendra Nath and Jogendra Nath, who remained in possession of the properties in shebaiti right. The first three sons died leaving their widows but without any issue, and it is alleged that Jogendra Nath committed oppression upon his brothers' widows who were helpless and obtained from them an ekrar by which the bulk ...
Tag this Judgment!Sivanarayan Mukhopadhya Vs. Bhutnath Guchait and anr.
Court: Kolkata
Decided on: May-30-1917
Reported in: 45Ind.Cas.289
1. This is an appeal by the plaintiff in a suit for recovery of arrears of rent. The case for the plaintiff is that ront is payable at tha rate of Rs. 77-10-0 per annum for the disputed holding, which comprises 25 bighas 18 cottafis and 2 chhataks of land. The defendants allege thatthe area comprises two classes of land, namely, 3 cottahs and 7 chhatvks of nihaja lands, for which a rent of Re. 1 is payable and 25 bighas 14 cottahs and 11 chhataks of hajabad lands, for which a rent of Rs. 76-10-0 is payable. It is thus clear that there is no dispute between the parties either as to the area or the annual rent payable in respect thereof. The defendants, however, set up a customary right to abatement of rent on account of the hajabad lands. They assert that the nihaja lands are free from inundation and are always subject to payment of rent, while the hajabad lands are liable to inundation and are exempt from payment of rent when the crops thereon are destroyed by inundation. They allege t...
Tag this Judgment!Raja Jatindra Mohan Ray Vs. Raja Ramesh Chandra Ray and ors.
Court: Kolkata
Decided on: May-28-1917
Reported in: 40Ind.Cas.504
Fletcher, J.1. This is an appeal by the first defedant against a judgment of the learned Subordinate judge of Khulna, dated the 20th May 1914, reversing the decision of the Munsif of Sathhira. The plaintiffs brought the suit in the Court of first instance claiming a mandatory injuction and asking for an order on the appellant before us to demolish a certain building that he had erected on a portion of the joint property. In the course of the proceedings the plaint was amended by permitting. the plaintiffs to the joint possession The parties belog to the same family and they occupy a homrstead of 60 lighas, parts of which are in the exclusive possession of them and the remaining portion is in their joint Possession. A piece of land about one cattah in area, according to the finding of the lower Appellate Court, for many years had been used on particular ceremonies by different members of the family for certain particular purposes. The user was not continuous throughout the year; but whe...
Tag this Judgment!Muchi Mian Vs. Emperor
Court: Kolkata
Decided on: May-28-1917
Reported in: 40Ind.Cas.731
1. In this case the petitioner has been convicted under Section 216 of the Indian Penal Code and sentenced to six. months' rigorous imprisonment,2. It appears that the petitioner's brother one Azizar Rahman was charged with the commission of an offence punishable under Section 411, Indian Penal Code, that to the knowledge of the petitioner first warrants for Azizar's arrest and then a proclamation under the provisions of Section 87 of the Code of Criminal Procedure had been issued by a Magistrate. It also appears that the proclamation had been duly published at the house in which the two brothers as joint owners used to reside.3. On the 23rd September 1916, on information received, an Inspector of Police with a sergeant and a posse of constables proceeded to his house and interviewed the petitioner.4. The facts then found against the petitioner are that in answer to the Inspector's enquiry the petitioner replied that Azizar was in the house and promised to produce him. He then went ins...
Tag this Judgment!Khetra Mohan Poddar and ors. Vs. Aswini Kumar Saha and ors.
Court: Kolkata
Decided on: May-28-1917
Reported in: 45Ind.Cas.667
1. The main question involved in this appeal is whether a minor, on whose behalf an ancestral trade is carried on, is personally liable for debts incurred in such business.2. It appears that one Bhaja Krishna, the father of the defendants Nos. 1 and 2 who had a Karbar in cloth, used to purchase cloth from the plaintiff's firm. On his death the defendant No. 1, his elder son, for himself and his younger brother, the defendant No. 2, who was and is still a minor, carried on the business and took cloth on credit from the plaintiff's firm. The plaintiff brought the suit out of which this appeal arises for recovery of Rs. 460-10.6, which was found due from the defendants on adjustment of accounts, and also for Rs. 82-56 as interest on the said sum.3. The Court of first instance allowed the principal claimed together with damages at 1 per cent, in lieu of interest against both the defendants. On appeal, the learned Subordinate Judge held that the defendant No. 2 was not personally liable, an...
Tag this Judgment!Raj Kumar Missra and on His Death His Heirs and Legal Representatives ...
Court: Kolkata
Decided on: May-28-1917
Reported in: 40Ind.Cas.494
Fletcher, J.1. These two appeals are preferred by the defendant against a judgment of the learned Additional District Judge of the 24-Pergannahs modifying the decision of the Munsif of Baruipur. The suits were brought for rent by the landlords. The defence was that there was a deficiency in the area demised and that, therefore, the tenant was entitled to abatement. The defendant's holding is governed by a permanent lease, and by that permanent lease was let out a piece of land described as a plot of 1,000 bighas then in a jungly state rent free for six years and thereafter at a progressive rent rising in the year 1305 to 8 annas per bigha. The lease provided: 'I shall pay Rs. 500 every year according to the kists stated below and shall hold with sons, grandsons', etc., the ordinary form. Then the lease provided: After the rent-free period and the period of progressive rent are over, on a measurement being made with a claim of 80 cubits, each cubit measuring 18 inches, for the land foun...
Tag this Judgment!Raja Sasi Kanta Acharjee Vs. Kunja Mohan Moitra and Lalit Mohan Moitra ...
Court: Kolkata
Decided on: May-25-1917
Reported in: 41Ind.Cas.425
1. This appeal arises out of a suit relating to a jalkar in certain kopras or sheets of water which once formed the bed of the river Mahananda.2. The plaintiffs claim them as part of their putni. They allege that these kopras have no connection with the present river Mahananda. The defendant claims them as part of his jalkar in the Mahananda river. The Courts below have concurred in decreeing the suit. The defendant has appealed to this Court.3. It is found that the kopras lie within the plaintiffs' putni. It is also found that the river has completely changed its course and moved many miles away from the kopras, which are now surrounded by culturable lands. The defendants, however, claim a right to the kopras on the ground that they are connected with the river at certain seasons of the year. But the learned Subordinate Judge finds: 'It is clearly the flood water of the mighty Pudda which inundated the entire country that gets into them and rehabilitates the connection.' Several cases...
Tag this Judgment!Sarat Chandra Roy Vs. Abbas Ali Mondal and Abdul Gani Mondal
Court: Kolkata
Decided on: May-25-1917
Reported in: 41Ind.Cas.833
Fletcher, J.1. These two appeals are preferred by the plaintiff against a judgment of the learned District Judge of the 24. Perganahs, dated the 21st September 1915, affirming the decisions of the Munsif of Barasat. The suits out of which the present appeals arise were brought for rent under the terms of two leases, and the only question that arises in these appeals is with reference to the portion of the rent that was reserved to be paid in kind. The kabuliyats, Maurasi Mukarari Patta IN S. A. 482 of 1916. although in similar terms, were not in identical terms. The first lease stated that the patta was granted fixing Rs. 6 as the annual cash rent and 5 3/4 aris of paddy whose price was Rs. 11-8-0 as paddy rent; in all Rs. 17-8-0. Then the lease provided that, upon the lessee keeping the boundaries of the land intact and paying cash rent in equal instalments as mentioned therein and, delivering the paddy rent every year in the month of Magh, he, his sons, grandsons and heirs should con...
Tag this Judgment!Shama Charan Kotal Vs. Kumed Dasi
Court: Kolkata
Decided on: May-25-1917
Reported in: 42Ind.Cas.378
1. This is an appeal by the first defendant in a suit for specific performance of a contract for sale of land. The contract is embodied in a petition of compromise, presented to the Court in a previous litigation between the parties, which related to a different subject-matter. The settlement was made on the assumption that the defendants would convey to the plaintiffs, one-fourth share of the property in dispute. The decree was made accordingly but the defendants have declined to execute the conveyance. On the 7th May 1913 the plaintiffs instituted this suit for specific performance of this contract. The first defendant, the appellant before us, did not enter appearance. The other three defendants contested the claim principally on the allegation that they had not signed the petition of compromise and were in no way bound to sell the property. The Courts below have concurrently found that the negotiations were carried on by the first defendant, that at the time the petition of comprom...
Tag this Judgment!Udai NaraIn GaIn Vs. Ramanath Midda
Court: Kolkata
Decided on: May-24-1917
Reported in: 40Ind.Cas.732
1. This case arises out of-a dispute regarding apparently 9 bighas of land. The Magistrate appears to have found that as a matter of fact in a suit brought by the complainant against the accused for declaration of his title to and recovery of possession of the said land the complainant was successful. In execution of that decree the complainant obtained possession from the Court. Thereafter the accused, opposite party removed from the land, the possession of which had been given to the complainant, the crop that the accused had grown thereon. The charges brought against the accused were charges of rioting and charges of theft. The charge of rioting has not been considered by the Magistrate, and in so far as the charge of theft is concerned the learned Magistrate has acquitted the accused on the ground that he had grown the crop prior to the delivery of possession. In this clearly he has fallen into a mistake of law. When in execution of a decree in a title suit possession of land is gi...
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