Kolkata Court July 1919 Judgments
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Koramall Rambullobh Vs. Mungilal Dalim Chand
Court: Kolkata
Decided on: Jul-07-1919
Reported in: 54Ind.Cas.836
Lancelot Sanderson, C.J.1. In my judgment there is a right of appeal in this case, on the ground that the decision of my learned brother Mr. Justice Greaves was a judgment' within the meaning of Clause 15 of the Letters Patent. The question before the learned judge was whether the plaintiff was entitled to have judgment for the sum of Rs. 9,535 odd on the state of the pleadings on the date of his application, and it is hardly necessary to point out that the alleged right might be a valuable right to the plaintiff, because if it were held by the learned Judge that the plaintiff was not entitled to the judgment for which he was asking on the state of the pleadings, it would mean that the plaintiff must wait at all events for a considerable time before be could get the judgment he was seeking : it might be months or concievably even as much as a year. Farther than that if it was held that the plaintiff was not entitled .to a judgment for the amount alleged to be admitted on the pleadings,...
iswarchandra Saha and ors. Vs. Sashinath Dar Chaudhury and ors.
Court: Kolkata
Decided on: Jul-07-1919
Reported in: 55Ind.Cas.951
1. This appeal is preferred by the defendants, and judgment has been delayed because after arguments had been addressed to us, the learned Vakils thought that they might be able to arrange a compromise.2. The defendants have a shop in Belanganj Barar with a kachha floor and a roof of corrugated tin, and they have began to erect a pucca building instead, The plaintiffs are some of their landlords with an interest of 4 1/2 annas, and they want an injunction restraining the defendants from erecting a masonry structure.3. The principal issues on the pleadings were:4. Whether the defendants have acquired a premanent right of tenancy in the disputed lands?5. Are the defendants entitled to construct ary pucca structure on the disputed land by usage or otherwise?4. The defendants assert that they have what they call a Chandiana right, and that this right is permanent, heritable and transferable. The Courts below have both found that this right has not been proved.5. On behalf of the defendants...
Reajaddi Sarkar Vs. Ganga Charan Bhattacharjya and ors.
Court: Kolkata
Decided on: Jul-04-1919
Reported in: 53Ind.Cas.863
Newbould, J.1. In the suit out of which this appeal arises the plaintiff No. 1 sought to recover possession of a plot of land after he obtains thereby an interest in the whole 16 annas. The dispute between him and defendants Nos. 10 and 11 is quite unconnected with the dispute between him and the defendant No. 1. If his case against defendant No, 1 failed on the merits, the compromise would give him no advantage. If he succeeded in establishing his case as against defendant No. 1, all that the compromise did was to give the defendants Nos. 10 and 11 benefit of the decree obtained by plaintiff No, 1 which they would otherwise have lost on being transferred from the category of plaintiffs to that of defendants.2. The appeal fails on both the points urged and is dismissed with costs....
Ram Lal Das, Common Manager to the Estate of Sachindra Nath Roy, and o ...
Court: Kolkata
Decided on: Jul-04-1919
Reported in: 53Ind.Cas.996
1. This appeal arises out of a suit for recovery of Rs. 547-5 principal and Rs. 93 as interest thereon under the following circumstances.2. The defendants Nos. 1 to 6 were putnidars who obtained a decree for rent of a dar-patni against defendants Nos. 7 and 8. The taluk was sold in execution of the decree on the 2nd July 1912 and the sale was confirmed on the 8th March 1913. After satisfying the rent decree, there remained in deposit in Court Rs. 2,506 as surplus sale-proceeds. The patnidars applied for payment to them (out of the surplus sale-proceeds) of the rent which had fallen due in respect of the tenure between the institution of the suit and the date of the confirmation of sale, obtained an ex narts order and withdrew the sum of Rs. 547-5 for arrears up to the date of the confirmation of sale.3. The present suit was instituted by the plaintiff on the allegation that the defendant No. 8, one of the dar-patnidars, had mortgaged his dar-patni interest to the plaintiff and the latt...
Musammat Aiti Kochuni Vs. Aidew Kochuni and anr., Minor, by Her Mother ...
Court: Kolkata
Decided on: Jul-04-1919
Reported in: 54Ind.Cas.695
1. The question involved in this appeal relates to the right of succession of an unchaste daughter to the estate of her father under the Dayabhaga Law.2. The appellant before us is the daughter of one Sasadhar Koch. During her father's lifetime she eloped with a person named Kheda Kooh and they lived together for several years as man and wife. After her father's death, however, she married Khedu, and she now claims the property left by her father as his heiress.3. It appears too that Sasadhar after the death of the plaintiff's mother took another woman Bishali as his 'mistress or wife without any formal marriage' and had a son by her and two daughters by her. The son is dead, but the daughters are alive and are in possession and they contested the plaintiff's claim. The Court of first in stance decreed the suit. Oft appeal the suit has been dismissed and the plaintiff has appealed.4. The parties are Koches, aboriginals of Assam. It has been hell by this Court see Deepo Debia v. Govindo...
Probhat Chandra Sen and anr. Vs. Hari Mohan Dhupi and ors.
Court: Kolkata
Decided on: Jul-04-1919
Reported in: 54Ind.Cas.742
1. This appeal arises out of a suit instituted by the plaintiffs as Panchayets and members of the Dhobi community of Narinda in the Town of Dacca for recovery of possession of an Akhra of certain Thakurs together with the lands, buildings and moveable properties appurtenant thereto on declaration of the rights of the said Dhobi community to the same.2. It is alleged by the plaintiffs that the Akhra has been in existence on the Lakheraj land of Schedule (ka) from time immemorial for the worship of certain Thakurs, which has been installed by the ancestors of the Dhobi community of Narinda, that the Akhra and the adjoining lands, buildings and structures appertaining to the same have been in the ownership, possession, management and control of the Dhobi community of Narinda in succession to their ancestors and that by virtue of adverse prossession for a period far exceeding 12 years in succession to their ancestors from time immemorial the Dhobi community of Narinda have acquired an inde...
Srimati Gunamani Dassi, Widow of Durga Das Sarkar and Executive to the ...
Court: Kolkata
Decided on: Jul-04-1919
Reported in: 54Ind.Cas.897
Walmsley, J.1. The facts which have given rise to this suit are as follows: One Durga Das Sirkar, deceased, left a Will, and his surviving widow, Gunamani Dasi, the present appellant, as executrix named in the Will, took out Probate. Durga Das had married twice: his first wife bore him two daughters, one of whom was named Annapurna Dasi : and Ms second wife bore him six more daughters, and eventually bore a son, but before the son was born a boy named Rajendra was taken in adoption by the testator. It is agreed that the adoption was made after the death of the first wife, and after the second marriage.2. The fourteenth Clause of the Will made provision for the eight daughters in these terms: each of the above daughters shall get Rs. 5 per mensem, i.e., 60 Rs. per annum out of the estate left by me :' and the direction continued ukta Kanyaganer madhye kaharo mrityu haile, ukta mrita kanyar warishgan ukta mashik paneh taka paibe.'3. Annapurna's husband died and she died later leaving no ...
JustIn Hull and anr. Vs. Arthur Francis Paull
Court: Kolkata
Decided on: Jul-04-1919
Reported in: 58Ind.Cas.421
Lancelot Sanderson, C.J.1. This is an appeal by the plaintiffs against the judgment of Greaves, J.2. The claim was in respect of injuries caused to the infant plaintiff by a dog, alleged to belong to the defendant, on the 22nd June 1917.3. The claim was for Rs. 1,642 9-9 in respect of expenses incurred by the plaintiff Mr. F.J. Hall, the father of the infant plaintiff, which sum included Rs. 723 for salary and commission for 13 days at Rs. 1,680 per month and for Rs. 10,000, in consequence of the injuries sustained by the infant plaintiff.4. The defendant by his written statement set up several defenses and denied liability. He then alleged that the plaintiff's claim in paragraphs 8 and 9 was fansiful and excessive and without admitting liability he paid into Court a sum of Rs. 900 as being ample to satisfy any claim of the plaintiffs.5. At the trial after the opening of the learned Counsel for the plaintiffs, liability on behalf of the defendant was admitted, and the only question was...
Nawab Khaja Habibullah and ors. Vs. Arman Dewan
Court: Kolkata
Decided on: Jul-03-1919
Reported in: 53Ind.Cas.875
1. This is an appeal by the defendants in a suit for possession of land upon specific performance of an agreement to lease, and, in the alternative, for refund of earnest money. The defendants are proprietors of a newly formed chur which they desired to lease out on the best terms available. The property was accordingly pat up to auction and the plaintiff offered the highest bids for rent and premium, namely, Rs. 10 and Rs. 131 gar kani respectively. This was accepted by the agent of the defendants on the 20th December 1911, and the following is the material portion of the agreement which was executed by the plaintiff in favour of the defendants on that date:Out of whatever amount would be fixed as selami according to the quantity of the land, we do deposit today Rs. 200 as earnest money, and within seven days from this date, we shall deposit with the agent at Barisal the balance of one fourth of the total amount of selami; if we fail to do so, the said sum of Rs. 200 paid as earnest m...
Sadhan Chandra Sadhukhan, Minor, by His Next Friend Debendra Nath Sadh ...
Court: Kolkata
Decided on: Jul-03-1919
Reported in: 55Ind.Cas.222
S.A. No. 2423 of 1917.1. This appeal arises out of a suit for recovery of possession of certain shares in a property belonging to a joint Mitakshara family and for partition.2. The family consisted of one Mohar Singh, his wife Rani Kumari and five sons Jagannath, Nanda, Sankar, Gouri and Durga Prosad, the last being dead.3. It appears that the property was mortgaged by Mohar Singh to one Madhu Sudan, who sued on his mortgage and in execution of his decree purchased the property on the 19th November 1890. Madhu Sudan, however, did not enter into possession of the property and the property remained as before in the possession of Mohar's family. On the death of Madhu Sudan, his executor Syama Charan sold the property to Raghu Nath, defendent No. 5, on the 8th January 1907. This Raghu Nath was a Benamdar of Mohar's family.4. In March 1892, the property was sold in execution of a decree for rent obtained by certain co sharer landlords against Mohar, his mother, his wife Rani Kumari and two ...
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