Kolkata Court June 1919 Judgments
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Kunja Behari Roy and anr. Vs. Panchanon Sikdar
Court: Kolkata
Decided on: Jun-16-1919
Reported in: 54Ind.Cas.429
1. The facts of this case cannot be distinguished from those in the case of Peary Lal Singha v. Radha Nath Singha 11 C.W.N. 861. We mast, therefore, hold that no appeal lies in this case. The case is not one which would justify us in interfering in the exercise of our revisional powers.2. The appeal is dismissed with costs. We assess the hearing fee at one gold mohur....
Dood Mehar Bibi and ors. Vs. Asrub Ali and ors. and Aftabuddin
Court: Kolkata
Decided on: Jun-13-1919
Reported in: 52Ind.Cas.871
Asutosh Chaudhuri, J.1. It is admitted on both sides that the property in this suit belonged to two brothers, Gobardi and Aftabuddin, and that on the death of the former which took place fourteen years ago, his heirs, the plaintiffs, lived with Aftabuddin. They were minors at the time excepting plaintiff No. 1, who is the widow of Gobardi. After his brother's death Aftabuddin fold the land in question which is 2 1/2 kanis out of 12 ham's of their ijmali jote to the principal defend-, ants by a kobala (Exhibit A) dated the 5th Falgoon 1311. The sale purports to, be on Aftabuddin's own behalf upon the allegation that the land belonged to him, The reason for the sale, is stated to have, been to pay off certain creditors and the. landlord's dues.2. The plaintiffs sought a declaration of title and recovery of possession with regard to 8 annas of the land in dispute. A case was set up on behalf of the purchaser from Aftabuddin that although the sale purported to be a sale of Aftabuddin's own...
Kamini Kumar Saha Chaudhury and anr. Vs. Abdul Rahim and ors.
Court: Kolkata
Decided on: Jun-13-1919
Reported in: AIR1919Cal202,53Ind.Cas.67
1. This appeal arises out of an application for execution of a decree. The judgment-debtor objected to, the execution on the ground that the decree had been satisfied, and the Courts below have given effect to that objection.2. The decree holder has appealed to this Court and it has been contended on his behalf that the satisfaction or adjustment of the decree had not been certified to the Court as aid down by law.3. It appears that a petition was put in on behalf of the agent of the decree holder in another execution case certifying satisfaction of the decree in that case, and it was recited in that petition that nothing further remained due to the decree holder on account of any other decree.4. No application was put in the execution ease in which the decree now in question was being executed at that time. It appears that the agent of the decree holder promised to certify the satisfaction of this decree also.5. Some evidence was taken in this case and the learned Munsif came to the f...
Anukul Chandra Chakraberti and anr. Vs. Tufani Sheikh and ors.
Court: Kolkata
Decided on: Jun-13-1919
Reported in: AIR1919Cal619,53Ind.Cas.925
Asutosh Chaudhuri, J.1. The only question for de-termination in this appeal is whether the holding, which is within the municipal limits of Rajshahyeltown, is an agricultural holding governed by the Bengal Tenancy Act, or whether it is governed by the Transfer of Property Act.2. The following facts have been found, namely, that the defendants have been in possession for three generations of this holding and that for about 50 years they have got their homestead in a portion of the land. The trial Court found that it was an agricultural holding On the basis of an entry in a Cesse Return filed by the landlord and on the evidence that some of the land used to be cultivated. That Court also held that even if the holding was non-agricultural, the defendants had acquired a permanent right inasmuch as the holding had apparently been inherited from grandfather to grandson and the rent had been the same Upon both the grounds he din-missed the plaintiffs' suit3. In the Appeal Court the learned Ju...
Jogesh Chandra Roy Vs. Mokbul Ali Chowdhury and ors.
Court: Kolkata
Decided on: Jun-13-1919
Reported in: 54Ind.Cas.850
No. 103 of 19181. The plaintiff as landlord sued the defendants as his tenants in respect of two Etmams, Claiming that the rents of the same are enhanceable, and that the existing rent of Rs. 252-12-0 be raised to Rs. 2,151 per annum.2. The defendants main contentions were that the suit was not maintainable in the form in which it was brought, as enhance' merit of rent of two Etmams could not be Claimed in a single suit, that the rent had been settled by the Settlement Officer and was not liable to enhancement daring the period of the settlement, that the rents of Etmams are permanent and not enhance-able and that the amount of increase claimed was unjustifiable. They further claimed that the Etmams in question were held by them in occupancy right.3. The learned Subordinate Judge held that the Etmams were tenures and that the rent was enhanceable, As to the rate of enhancement he found that there was no customary rate : he found on the admissions of the defendants themselves that the c...
Haridas Basak Vs. Raj Kumar Dey Sarkar and ors.
Court: Kolkata
Decided on: Jun-12-1919
Reported in: AIR1919Cal261(2),53Ind.Cas.111
1. This is an appeal against an order of the District Judge of Dacca re. versing the order of the Munsif of Munshigunge passed in execution proceedings The decree sought to be executed was passed on the, 31st July 1905. The present proceeding arises out of an application for execution, which was made on the 10th May 1015. In this application the decree-holder asked that the moveable property only of? the judgment-debtors might be attached. The decree-holder was unable to attach any moveable property, so on the 16th July he filed a petition asking that his application for execution might be struck off, with the intention of making a fresh application for attachment of the judgment-debtors' immoveables. In the meantime the judgment-debtors had filed a petition alleging that the decree had been satisfied, and as these proceedings were pending the Munsif refused consent to the decree-holder's application to strike off the execution proceeding. Thereupon the decree-holder on the 18th July f...
Station Master Vs. Habul Sheikh
Court: Kolkata
Decided on: Jun-12-1919
Reported in: 55Ind.Cas.593
1. For the reason given by the learned Sessions Judge, we set aside the order passed by the Sub-Divisional Magistrate on the 1st April 1919, directing the issue of distress warrant for Rs. 2-10-3, and direst that the Magistrate do pass orders in accordance with law after taking evidence on the question whether the accused was liable to pay and how much was payable by him....
Madhusudan Koer Vs. Badridas and anr.
Court: Kolkata
Decided on: Jun-11-1919
Reported in: 56Ind.Cas.693
1. This appeal arises out of a suit for damages for breach of a contrast.2. The plaintiff who is a dealer in flour and other goods at Rungpur used to get his goods from the defendant's firm at Allahabad.3. The questions which arise in this case are first whether there was a complete contract between the parties; and secondly, if so what is the principle on which the plaintiff should be entitled to damages.4. The Courts below are of opinion that there was no complete contract.5. Now, the question whether there was such a contract or not, is to be decided upon a construction of certain letters which passed between the parties.6. The first letter is dated the 21st July 1914 written by the plaintiff to the defendant. In this letter (he plaintiff stated as follows : ' Within 5 or 7 days in July I shall send an order for one wagon of goods. Please write swoda in respect thereof.' It was further stated that the plaintiff would fend for 2 wagons for delivery in August, 2 wagons in September, 2...
Nayan Monjuri Dasi and ors. Vs. Hem Lal Dutt and ors.
Court: Kolkata
Decided on: Jun-11-1919
Reported in: 58Ind.Cas.417
1. This is an appeal in a case for apportionment of compensation awarded for land acquired for the Calcutta Improvement Trust. The land acquired is one of three parcels of which a lease for 99 years was granted by the predecessors of the appellants to the predecessor of the respondent on the 28th February 1859 at an annual rent of Rs. 25. A sum of Rs. 13,140 has been awarded as compensation, and the question in controversy is as to the mode in which this sum is to be divided between the landlord-appellants and the tenant respondent.2. The first question for determination is as to the proportionate amount of rent fairly payable by the tenant to the landlords, in respect of this parcel, The President of the Tribunal has held, on the basis of a series of rent receipted, in which the amount of rent payable was stated to be Bs. 7, that that figure should be accepted as conclusive between the parties. In our opinion, this view cannot be supported No explanation has been given as to the circu...
Sulochana Debi and ors. Vs. Jagattarini Debi and ors.
Court: Kolkata
Decided on: Jun-10-1919
Reported in: 53Ind.Cas.602
1. This is an appeal by the plaintiffs in a suit for construction of a Will, for administration of the estate covered thereby, and for incidental reliefs.2. Rai Durgagati Banerjee Bahadur made a testamentary disposition of his properties on the 6th February 1903, arid died on the 26th March 1903. His widow as executrix obtained Probate of the Will on the 27th August 1303. She has since then from time to time alienated immoveable properties comprised in the estate of her husband. The present litigation was commenced on the 27th November 1911 by the sons of his two daughters as also the surviving daughter for construction of the Will and for declaration that the alienations will not be binding upon them as reversionary heirs after the death of the widow. The claim has been resisted by the widow and her transferees, on the allegation that she took an absolute interest in the estate under the Will.3. The relationship of the members of the family will appear from the following genealogical ...
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