Kolkata Court May 1919 Judgments
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Mark D'cruz Vs. Jitendra Nath Chatterjee
Court: Kolkata
Decided on: May-15-1919
Reported in: (1919)ILR46Cal1079
Sanderson, C.J.1. This is an appeal against a judgment of my learned brother Mr. Justice Greaves, by which he dismissed the plaintiff's suit.2. The suit was for the specific performance of an agreement contained in an Indenture of a lease dated the 8th of July, 1912, which was for a period of five years from the 1st May, 1912, to grant the plaintiff a renewal of the lease of the premises in question; and the matter depends upon a covenant in the lease which was to this effect:--'That in case of due payment by the lessee of the rent hereinbefore contained 'hereby reserved and the due performance and observance of the conditions and covenants on his part to 'be performed and observed, the lessee shall be entitled 'to have a renewal of the lease of the said demised 'premises for a further period of five years on the same 'terms and conditions as are herein contained except 'the present condition as to further renewal provided 'that the lessee gives notice in writing to the lessors 'of his...
Helalonnessa (Khatun) and anr. Vs. Khondakar Rajab Ali
Court: Kolkata
Decided on: May-15-1919
Reported in: AIR1919Cal84,53Ind.Cas.94
1. This appeal arises out of a suit for restitution of conjugal rights. The defendants are the wife and her father, and the plaintiff, the husband, has obtained a decree in both the lower Courts. The defend ants denied that any marriage had been celebrated and further pleaded that even if such a celebration had been performed, the marriage was invalid because the consent was given by her father, although his daughter bad attained puberty and was con sequently competent to give her own consent. As regards the question whether the alleged marriage was performed, the finding of the lower Courts, which is in plaintiff's favour on this point, is conclusive. As regards the competency of the female defendant to give consent to her own marriage, the finding of the lower Appellate Court is that the actual date of the attainment of puberty had still to be ascertained, but that the age of the girl at the time of her marriage was 14 years and 9 months. That Court has held on this finding that as t...
Balaram Pal Vs. Kanysha (Kangsha) Majhi and ors.
Court: Kolkata
Decided on: May-15-1919
Reported in: AIR1919Cal410,53Ind.Cas.548
1. This appeal arises out of a suit, brought by six plaintiffs for recovery of possession of a homestead on declaration of their title thereto. The suit was dismissed by the Munsif on the 29th November 1915. Against that dismissal all the plaintiffs jointly preferred an appeal in the Court of the District Judge of Jessore. That appeal was argued before that Court on the 31st January 1917, and the judgment was delivered on the 2nd February 1917. But it is [admitted that the first plaintiff appellant, Kailash Menjhi, died on the 1st January 1917. The information of his death was not given to the lower Appellate Court. As the plaintiffs pleaded a joint title, the right to sue was one which did not survive to the surviving plaintiffs. The result consequently was that rule 3, Order XXII, Civil Procedure Code, came into operation, and the suit, that is to say, the appeal before the lower Appellate Court abated under the second Clause of that section. No application was made by the other plai...
Mark D'cruz Vs. Jitendra Nath Chatterjee and Anr.
Court: Kolkata
Decided on: May-15-1919
Reported in: 53Ind.Cas.684
Sanderson, C.J.1. This is an appeal against a judgment of my learned brother Mr. Justice Greaves, by which he dismissed the plaintiff's suit.2. The suit was for the specific performance of an agreement contained in an indenture of a lease dated the 8th of July 1912, which was for a period of five years from the 1st May 1912, to grant the plaintiff a renewal of the lease of the premises in question: and, the matter depends upon a covenant in the lease which was to this effect:-'That in ease of due payment by the lessee of the rent hereinbefore contained hereby reserved and the due performance and observance of the conditions and covenants on his part to be performed and observed the lessee shall be entitled to have a renewal of the lease of the said demised premises for a further period of five years on the same terms and conditions as are herein contained except the present condition as to further renewal provided that the lessee gives notice in writing to the lessors of his intention ...
Atul Chandra Mandal Vs. Srinath Latk and ors.
Court: Kolkata
Decided on: May-15-1919
Reported in: AIR1919Cal526,53Ind.Cas.936
Walmsley, J.1. Atul Chandra Mandal, the petitioner, is the first party in a proceeding under Section 145, Criminal Procedure Code, which ended in an order in favour of the second party, Srinath Laik and Kamalakhi Dasi.2. The petitioner's case is that the land which formed the subject of the proceeding was held by his father under one Mohendra Chakravarty and that his father let it out to some. Lohars in 1302 B. S.; that the latter failed to pay the rent, and the petitioner obtained a rent decree against them, caused the property to be sold in execution, bought it himself on Jane 13th, 1918, and took possession through Court on August 5th 1918.3. The case for the second party is, this', that one Sujay Chandra Das was in possession of the village in which the land is situated, that be let the land in dispute to one Sarbeswar Mandal in 1912, that Sarbeswar let it to some Lohars, bat bought it himself in 1915 in execution of a rent decree against them, that in 1324 B. S. Sarbeswar sold his...
Haridas Goswami and ors. Vs. Ekkari Konar and ors.
Court: Kolkata
Decided on: May-14-1919
Reported in: AIR1919Cal194(2),52Ind.Cas.929
1. This appeal arises out of a suit for recovery of possession, on declaration of the plaintiffs' title to a piece of land measuring 18 cottas. Out of this 18 cottas, the plaintiffs claimed khas possession of 16 cottas and possession through tenants of the remaining 2 cottas. The Munsif decreed the suit in part and the lower Appellate Court has dismissed the suit on the ground that the plaintiffs bad no cause of action. In our opinion the learned Subordinate Judge is perfectly right. The cause of action as set out in the plaint arose on the cutting of a khal on the 7th Sravan 1322. It is found that the khal in quest on was not cut on the 7th Sravan 1322. but was cut long ago in the year 1892, and also that it was not out by the 'defendants. It is contended on behalf of the appellants, and apparently was so found by the Munsif, that the denial of the plaintiffs' title in the written statement and the defendants' allegation that they had a right of easement gave the plaintiffs a cause of...
Sabed Khan Vs. Bilatunnessa Bibi, Wife of Sabed Khan
Court: Kolkata
Decided on: May-13-1919
Reported in: 52Ind.Cas.322
1. This appeal arises out of a suit between Muhammadans for restitution of conjugal rights. The plaintiff is the husband and has been granted a decree for restitution of conjugal rights by both the Courts below. But while the Munsif directed the defendant, the wife, to go to her husband's house, the lower Appellate Court declared that the conjugal rights must be exercised at the bari of the wife's parents. It appears that after the marriage of the parties the husband executed a kabinnama. The decision of the lower Appellate Court is based on the terms of Clauses 4 and 5 of this dead. The wife was given the right to leave her husband's house and to live elsewhere on two contingencies. The first contingency was ill-treatment by the husband or by any other inmate of his house. The second contingency was any sort of difference or disagree-mant with the husband or his family members. It has been found that there was ill-treatment and on this finding it has been held that the husband was ent...
Nazir Ahamad, Administrator to the Estate of Late Moulvi KhabiruddIn V ...
Court: Kolkata
Decided on: May-13-1919
Reported in: 53Ind.Cas.478
1. This appeal arises out of a suit for rent. It was decreed by the first Court, but dismissed by the lower Appellate Court on the ground that the plaintiff, who was one of the four administrators to the estate of Moulvi Khabiruddin, could not maintain the suit in the absence of the other three persons who joined him in taking out the Letters of Administration. In our opinion, any defect which could have arisen from the absence of the other three persons was cured by making them pro forma defendants and by their giving consent in their capacity as pro forma defendants to the plaintiff continuing the suit.2. We accordingly reverse the judgment and decree of the lower Appellate Court and remand the case for a decision on the second issue that arose before the lower Appellate Court as to the amount of rent payable by defendant No. 1. After hearing the case on this point, the lower Appellate Court will finally dispose of the appeal according to law. Costs of this appeal will abide the resu...
Harnandroy Foolchand Vs. Gootiram Bhuttar
Court: Kolkata
Decided on: May-12-1919
Reported in: (1919)ILR46Cal1070,54Ind.Cas.691
Rankin, J.1. In this case I am prepared to make the order which is asked for by the attorney against the plaintiff. An action was brought by the plaintiff against the defendant. The defendant happened to be the receiver appointed by the Court of the assets of a certain firm. The plaint in the action shows that in the course of the work the defendant did as receiver for that firm he executed certain promissory notes on which the plaintiff became in the end the endorsee, and the action was brought really against him as the maker of the note by a person to whom it had been endorsed by the original payee. That being so there can be no doubt that the receiver was personally liable and that the action was brought against him personally. Whatever the rights may be between the defendant in that action and the firm over whose assets he had been appointed receiver, that was a matter which had nothing to do with the case, and in no way bound the plaintiff. It is like the simple case of an executo...
Bhola Nath Chowdhuri and ors. Vs. Harimani Dasi and anr.
Court: Kolkata
Decided on: May-12-1919
Reported in: AIR1919Cal214,53Ind.Cas.42
1. This is a suit by reversioners. It relates to two sets of properties which originally belonged to one Krishnahari Roy. He died leaving a widow named Jadumoni. The plaintiffs are the representatives of the reversioners. Jadumoni died in 1319 B. S. Schedule (kha) related to five plots of land. The plaintiffs' claim as regards plots Nos. 3 and 4 was given up by them and plots Nos. 1, 2 and 5 are to be dealt with.2. These plots Nos. 1, 2 and 5 were sold at Court sale. It appears from the written statement that plots Nos. 1 and 2 were purchased by Rameswar in the name of his brother in-law Nityananda and plot No. 5 was purchased by the Burdwan Raj at an auction sale on the 21st Baisak 1264. The Maharaja sold that plot to Rameswar on the 18th Chait 1282. Rameswar made a gift of it to his daughter defendant No. 1 on 10th Kartick 1284 and she is in present possession thereof. Both the Courts below have treated the plaintiffs' claim in respect of these plots as barred by limitation. They hel...
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