Kolkata Court November 1922 Judgments
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Bireswar Ghose Vs. Panchcouri Ghose and ors.
Court: Kolkata
Decided on: Nov-15-1922
Reported in: AIR1923Cal538,74Ind.Cas.975
Asutosh Mookerjee, J.1. The subject-matter of this lit gation is a tract of laud which was taken by the ancestors of the plaintiffs, on the 18th May 1879, in Mourasi Mokarari tenancy right from a family of Ghoses. The plaintiffs, like their predecessors, were in possession by payment of rent to their landlords till they were dispossessed on the 13th February 1917, by the first defendant who obtained delivery through Court on the allegation that he had purchased the land on the 21st November 1916, in execution of a decree; for arrears of rent. The plaintiffs made an ineffectual attempt at resistance, and their objection was rejected by the Court on the nth June 1917. On enquiry they ascertained what had happened to their tenancy, and the facts they discovered may be briefly narrated at this stage.2. In 1904, the Ghoses sued the plaintiffs for arrears of rent, and obtained an ex parte decree for Rs. 2-2-0. No further details are available, as the records of the rent suit have been destro...
Basanta Kumari Gupta and ors. Vs. Abhoy Sankar Sen and ors.
Court: Kolkata
Decided on: Nov-14-1922
Reported in: AIR1923Cal450,73Ind.Cas.306
B.B. Ghose, J.1. This Rule was obtained by the plaintiffs for revision of an order passed on appeal by the District Judge o Dacca, dated the 23rd September 1921, from an order of the Munsif of the same place, dated the 7th February 1921, by which he set aside the order of dismissal of a suit and restored it for hearing. What happened was that the suit had been proceeded with for a considerable time and, as the learned Munsif observes, was advanced to some extent and that the plaintiffs had spent a good deal of money for it. The suit related to establishment of the plaintiffs' title to a piece of land and if the 'plaintiffs' allegations in the plaint are true, the act of the defendants would affect their rights to a very great extent. On the last occasion when the suit came up for hearing before the Munsif it so happened that the two Pleaders engaged for the plaintiffs were both absent. The Munsif dismissed the suit for default. There was an application for restoration of the suit short...
Behari Lal Biswas Vs. Nasimannessa Bibi
Court: Kolkata
Decided on: Nov-14-1922
Reported in: AIR1923Cal527,73Ind.Cas.482
1. The subject-matter of this litigation is a putni taluk created on the 31st December 1844 by Maharaja Srish Chandra Deb of Nadia in favour of Kaligatee Mookerjee. The interest of the Zemindar is now held by Nasimannessa Bibi, the defendant in this suit, 'while the interest of the pulnidar has, by devolution, vested in Majidannessa Bibi. The plaintiff Behari Lal Biswas is a dar-putniddr who obtained possession of the putni in 1909, under the provisions of Section 13 of the Putni Regulation, on payment of the dues of the then Zemindar, and he has since then been in occupation in order to recover the amount advanced by him. On the 15th May 1916 the putni taluk was brought to sale by the Zemindar for realisation of arrears due and was purchased by the Zenvndar herself. On the 27th May 1916, the plaintiff instituted the present suit for declaration that the sale was null and void, inasmuch as no arrears were due at that time. The Court of first instance dismissed the suit on the ground th...
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