Kolkata Court June 1919 Judgments
Sitanath Shah Banik Vs. Madan Mohan Das
Court: Kolkata
Decided on: Jun-27-1919
Reported in: 53Ind.Cas.904
Syed Shamsul Huda, J.1. The faots are shortly these. The plaintiff decree-holder instituted a suit to enforce a mortgage-bond. A decree was passed for the sale of the mortgaged property and there was a further direction that if the whole amount was not realised by the sale of the mortgaged property for the rest of the claim, if legally realisable, the defendant No. 1 would be liable.2. It appears that after this decree was obtained and before the mortgaged properties could be sold, a third party brought a suit for, a declaration that the mortgaged property could not be sold in execution of the decree and succeeded in getting such a declaration in the presence of the decree-holder and the judgment-debtor. There upon the decree-holder applied to proceed against the other properties of, the judgment-debtor, but the Court asked him to make an application under Order XXXIV, Rule 6. He made such an application, but he was absent when it was taken up for disposal and it was rejected. The decr...
Tag this Judgment!Ananda Chandra Mukherjee and ors. Vs. Srimati Kiransashi Debi and ors.
Court: Kolkata
Decided on: Jun-27-1919
Reported in: AIR1919Cal252,53Ind.Cas.1004
Newbould, J.1. This appeal arises out of a suit for ejectment from certain lands known as Chowkidari Chakran lands. The plaintiff based his claim on a lease from the Maharajah of Burdwan, who is the proprietor of the estate within the ambit of which these lands lie. The defendants are the tenants of the Patnidars, who held under a Putni lease granted in 1213 B. S. corresponding to 1806-7 A. D. The learned Subordinate Judge on appeal decided in favour of the plaintiff, on the ground that the Clause in the lease giving the Zamindar full power to appoint or dismiss the Chowkidar shows that these lands could not have been transferred to the Putnidars. The point that arises in this appeal is the same which arose in the case of Nafar Chandra y. Bejoy Chand (2). That ease was decided by my learned brother Teunor, J., and myself and we held that such a Clause in the Putni lease had not the effect of reserving to the Zamindar and excluding from the Patni the Chowkidari Chakran land. When we del...
Tag this Judgment!Maliram Kalita (Bara Kalita Is Vakalatnamah) and ors. Vs. Purnananda A ...
Court: Kolkata
Decided on: Jun-27-1919
Reported in: 54Ind.Cas.761
Ernst Fletcher, J.1. This appeal is preferred by the defendants against the decision of the learned Subordinate Judge of the Court of the Assam Valley Districts, dated the 31st March 1916, affirming the decision of the Munsif at Jorhat. The plaintiff brought the suit to recover damages for injuries inflicted on his elephant and for consequential damages by reason of his being deprived of the services of his elephant. The facts found by the Judge are these:-- This elephant had been turned out under a state of partial control by having its feet tethered on to the grazing ground belonging to the plaintiff. The elephant was not properly secured: that is the finding, and the elephant went to the property of the defendants and caused damages. So, the plaintiff being guilty, in the opinion of the learned Judge, of negligence in turning out his elephant without being properly secured, the defendants were entitled to use force to remove the elephant from their premises and to prevent it from co...
Tag this Judgment!Rakhal Chandra Chatterjee and ors. Vs. Bhabadeb Chatterjee
Court: Kolkata
Decided on: Jun-26-1919
Reported in: AIR1919Cal79,53Ind.Cas.271
Newbould, J.1. These 13 appeals arise out of the same number of applications for enhancement of rent before the Sattlement Officer and subsequent appeals to the District Judge of Burdwan. The applications were made under Section 105 of the Bengal Tenancy Act, and the Settlement Officer granted increase of rent at 6 annas in the rupee on the ground of the genaral rise in price of local fool stuffs.2. The defendants-appellants' main contention was that they were not liable to pay enhanced rent, as they had leases which gave them the right to hold the land at the same rent in perpetuity. There appears to have been some delay in producing them and pleading on the basis of these leases. Bat they were produced before the parties went to trial and an issue was framed: 'Are these jamas not liable to enhancement on the ground that mokarari right was confirmed under contrast by pattas granted by previous putnidars?' The first Court held that the mokarari right created by these leases was an incu...
Tag this Judgment!Amrita Lal Ghose and anr. Vs. NaraIn Chandra Chakrabarti and ors.
Court: Kolkata
Decided on: Jun-26-1919
Reported in: 53Ind.Cas.973
Fletcher, J.1. This is an appeal arising out of a suit to recover rent in arrears. Three persons were originally joined. They were three tenants. There is not a word in this ease that they are the heirs, or are holding the property as the heirs, of the former owner. The case against them is that they are three tenants on the land and they are liable to pay. It is quite true that they are brothers and, therefore, they would have a common ancestor; but the suit was not framed on that ground, nor was that the question in debate in the lower Courts. In this case the defendant No. 1 was adjudicated an insolvent under the provisions of the Provincial Insolvency Act prior to the institution of the suit. There seems to be a little misunderstanding in the lower Courts as to the effect of the insolvency. The first defendant was stated as being represented by a Receiver, the Nazir of the Alipore Judge's Court. That was not a strictly accurate position either. A Receiver under the Provincial Insol...
Tag this Judgment!Girish Chandra Roy Choudhury and ors. and Hem Chandra Choudhury Vs. th ...
Court: Kolkata
Decided on: Jun-25-1919
Reported in: 55Ind.Cas.150
Nos. 19 and 40 of 1918.1. These appeals are directed against the award made in a Land Acquisition Case in respect of land acquired at Serajgunj for the purpose of the Sara Serajgunj Railway. We are concerned in these appeals with two sets of claimants, one is a tenure-holder (Hem Chandra Choudhury) and the others are sub- tenants, described as merchant tenants, in actual occupation of the land acquired. The appeal preferred by the Roy Choudhuries, the merchant tenants, relates only to one plot of land. The appeal preferred by the Choudhury tenure-holder includes that parcel as also other parcels of land We shall at this stage consider the parcel of land included in the appeal by the merchant tenants and if the other lands included in the appeal preferred by the tenure-holder require separate consideration, we shall discuss the matter hereafter.2. The question before this Court is the determination of the market value of the land required, within the meaning of Section 23, Sub-section 1...
Tag this Judgment!Baikuntha Nath Sarma and ors. Vs. Chaitanya Charn Choudhury and ors.
Court: Kolkata
Decided on: Jun-24-1919
Reported in: AIR1919Cal66,52Ind.Cas.936
Newbould, J.1. This appeal is preferred by the plaintiffs who, after getting a decree in the Court of first instance, had their suit dismissed by the lower Appellate Court on the ground that it was barred by limitation. The plaintiff's case is that the land was in actual possession of their tenant, defendant No. 6, who was at first joined with them as plaintiff. The lower Appellate Court has found that this defendant was dispossessed from the land by the principal defendant sometime not later than the year 1902.2. The point pressed in this appeal is that this dispossession of the tenant by a trespasser could not affect the title of the plaintiffs, who are the lessors of the person who has been ejected. The principle on which this contention is based is clearly established and the latest case in which the authorities are reviewed is that of Hajra Sardara v. Kunja Behari Nag 40 Ind. Cas. 271 : 21 C.W.N. 1001 : 25 C.L.J. 635, There the principle is stated in the following terms, where pro...
Tag this Judgment!Hazari Lal Alias Amrita Lal Ghosh Vs. Alap Sundari Dasi
Court: Kolkata
Decided on: Jun-24-1919
Reported in: AIR1919Cal16,53Ind.Cas.558
Fletcher, J.1. This is an appeal preferred by the defendant. The plaintiff, who is a Hindu widow and the owner of 8-annas of a certain property with a limited interest, brought a suit against the brother of her husband to whose property she succeeded. The matter was referred to arbitration and agreement was arrived at between every body and was approved of by the arbitrators, and a decree was made with the consent of the parties. It was provided by the decree that the plaintiff had to execute in favour of the defendant a lease of the property in suit and on her doing so she would get certain nazars and certain rents. She then applied for execution of this decree. The application failed. The defendant, being successful, has appealed against the order of the learned Judge dismissing the application for execution, and the reason for the appeal is this, that although the learned Judge dismissing the application remarked that it was premature for the plaintiff to apply to execute the decree...
Tag this Judgment!Emperor Vs. Bibhudananda Chakravarti
Court: Kolkata
Decided on: Jun-24-1919
Reported in: 54Ind.Cas.892
Walmsley, J.1. This case comes before us on a reference under Section 307, Criminal Procedure Code, made by the Sessions Judge of Burdwan.2. The accused Bibhudananda Chakravarty was placed on his trial on three charges under Section 477A, Indian Penal Code, the Jury was unanimous in finding him not guilty, and the learned Judge has referred the case to this Court, as he thinks it necessary to do so in the ends of justioe.3. The allegations against the aooussed are as follows : He was a olerk in the Certificate Department at Burdwan, and he was in charge of the section which dealt with requisitions under the Public Demands Recovery Act made on behalf of estates under the management of the Court of Wards. In April 1917, several requisitions were filed by a Pleader on behalf of the Manager of the Karotiya Estate. Each requisition bore a Court-fee stamp, and was aooompanied by a stamped Vakalatnamas, In the latter part of 1918, irregularities were suspeoted in the office, and an enquiry wa...
Tag this Judgment!Govinda Chandra Bhattacharjee Vs. Dina Nath Acharjee and ors.
Court: Kolkata
Decided on: Jun-24-1919
Reported in: 56Ind.Cas.141
1. This appeal arises out of a suit for establishment of the plaintiff's tight to, and recovery of possession of a 2-annas share in, a certain estate which originally belonged to one Ram Kishore Bidyabhusan.2. It appears that Ram Kishore had two sons, Daibaki Nandan, defendant No. 5, and Ram Lochan. Ram Lochan had four sons of whom Lakhi Bhattacharjee was one. Lakhi left a daughter Udaytara and the plaintiff is the son of Udaytara.3. It was alleged by the plaintiff that Lakhi and, after him, Udaytara and, after her death, the plaintiff himself were in joint possession of the property with the defendants. In the plaint it was stated' that the plaintiff was born on the 31st March 1893, that his mother died on the 6th August 1897, and that the plaintiff attained majority on the 31st March 19)1. The suit was instituted on the 26th February 1913. There was no express denial of the date of the plaintiff's birth and of his attaining majority in the written statement.4. The main defence, so fa...
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