Kolkata Court June 1922 Judgments
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Hon'ble Raja Reshee Case Law, C.i.E. Vs. Bhuban Mohan Pal and Ors.
Court: Kolkata
Decided on: Jun-15-1922
Reported in: 72Ind.Cas.1047
1. This is an appeal by the plaintiff landlord in a suit under Section 106, Bengal Tenancy Act, for correction of, an entry made in the Record of Rights. In the Record of Rights the defendant is entered as holder of a permanent tenure held under a fixed rent. The tenancy is governed by the terms of a lease granted by. Raja Prithwi Ballabh Pal to Kadem Ali on the 16th February 1862. The Courts below have come to divergent conclusions as to the true construction of this document. The Trail Court held that the rent was not intended to be fixed in perpetuity. The lower Appellate Court has held that rent was fixed in perpetuity. The case now before us bears some resemblance to that of Raja Reshee Case Law v. Satish Chandra Paul 64 Ind. Cas. 774 : 35 C.L.J. 90 : (1922) A.I.R. (C) 123. There, as here, the document was written in Ooriya character, possibly by a half literate scribe. The language of the document is a mixture of Bengali, Urdu, and Ooriya. The document states, in the first place,...
Mohabbat Ali Vs. Tofar Ali and anr.
Court: Kolkata
Decided on: Jun-15-1922
Reported in: AIR1923Cal369,76Ind.Cas.481
Walmsley, J.1. This appeal arises out of a dispute between a Muhammadan uncle and his nephew. There were three brothels. The pain tiff Mohabbat Ali, Atar Ali--the lather of the principal defendant, and Rakbat Ali and they appear to have inherited three kanis of land from their fathers Rakbat Ali took one kani and left his brothers and was not in any way concerned with them thereafter. Alar Ali died leaving a widow, a daughter and the principal defendant. The widow left the village with her daughter and the principal defendant was brought up by Mohabbat Ali aid we have not to consider in this case about the shares that descended to the widow and the daughter. Mohabbat Ali had then two kanis in his possession and he brought the principal defendant up and gave him and his sister in marriage. The case of the plaintiff is that after his father's death and after Atar Ali's death, he was able to buy some land with his own money and that, shortly before the suit, the principal defendant Tofar ...
Emperor Vs. Ganesh Chandra Goldar
Court: Kolkata
Decided on: Jun-15-1922
Reported in: AIR1923Cal458,74Ind.Cas.264
Lancelot Sanderson, C.J.1. This is a Reference by the learned Sessions Judge of Faridpur in a case in which Ganesh Chandra Goldar was charged with murder and with conspiracy. There is no doubt that the deceased man, Kali Kumar Mozumdar, was murdered on his way home about the middle of the night after having attended an arbitration, and the case for the prosecution was that the accused person and others attacked him as he was passing a clump of trees and injured him severely. Although he was able to drag himself to the nearest house, which belonged to a man namea Kailash Chandra Sarkar, he died very shortly afterwards without being able to give any indication as to the persons who had attacked him.2. The case against the accused depends almost entirely upon certain confessions which the accused is alleged to have made. Certain of the neighbours assembled at the house of Kailash in answer to a summons from Kailash, including the two panchayats, Amrit Lal Basu, who was the collecting panc...
Ganesh Ram and ors. Vs. Ganpat Rai and ors.
Court: Kolkata
Decided on: Jun-14-1922
Reported in: AIR1924Cal461
1. This is an appeal by the plaintiffs in a suit for specific performance of a contract of sale of a house. The plaintiffs came into Court on the allegation that a completed contract for sale was made on the 26th September, 1917, by a person, named Sidhi Gopal Misser, who acted for the first defendant and had authority to enter into a valid agreement on his behalf for the sale of the house and the land. The first defendant repudiated the allegations of the plaintiffs while the second and third defendants, claimed the protection accorded to bona fide purchasers for value without notice, in. the trial Court the plaintiffs produced a document which was marked Ex. I and purported to embody the agreement which the plaintiffs sought to enforce specifically. The Court held an elaborate investigation and came to the conclusion that this document which purported to be an agreement to sell and was alleged to have been written by Sidhi Gopal Misser on the 26th September, 1917, was not in existenc...
Dharini Kalitani Vs. Sisuram Kalita
Court: Kolkata
Decided on: Jun-14-1922
Reported in: AIR1924Cal530
1. This appeal arises out of a suit instituted by the plaintiffs to recover possession of the lands in dispute which are stated to be paikan lands of the Billeswar temple, in the District of Kamrup.2. It appears that the temple was endowed with lands and paiks by the Assam Kings. Various duties were assigned to the paiks, of whom there are several classes. The paiks were assigned lands for their maintenance and these lands are known as paikan lands.3. It appears that one Tojo was the last male paikan and that, upon his death, his widow held the land and the services were performed by proxy, the defendant No. 1. The plaintiffs are the two surviving daughters of Tojo and each of them has a son.4. The defendants, Dolois (managers of the temple) say that the daughters cannot succeed to paikan lands according to the custom of the temple. The defendant No. 1 supported that defence.5. The Court of first instance held that the plaintiffs being the daughters were entitled to succeed under the o...
Srimati Dharini Kalitani Vs. Sisuram Kalita
Court: Kolkata
Decided on: Jun-14-1922
Reported in: 70Ind.Cas.36
1. This appeal arises out of a suit instituted by the plaintiffs to recover possession of the lands in dispute which are stated to be paikan lands of the Billeswar temple, in the District of Kamrup.2. It appears that the temple was endowed with lands and paiks by the Assam Kings. Various duties were assigned to the paiks, of whom there are several classes. The paiks were assigned lands for their maintenance and these lands are known as paikan lands.3. It appears that one Tojo was the last male paikan and that, upon his death, his widow held the land and the services were performed by proxy, the defendant No. 1. The plaintiffs are the two surviving daughters of Tojo and each of them has a son.4. The defendants, Dolois (managers of the temple), say that the daughters cannot succeed to paikan lands according to the custom of the temple. The defendant No. 1 supported that defence.5. The Court of first instance held that the plaintiffs being the daughters were entitled to succeed under the ...
Gonesh Ram and ors. Vs. Ganpat Rai and ors.
Court: Kolkata
Decided on: Jun-14-1922
Reported in: 72Ind.Cas.651
1. This is an appeal by the plaintiffs in a suit for specific performance of a contract of sale of a house. The plaintiffs came into Court on the allegation that a completed contract for rale was made on the 26th September 1917 by a person named Sidhi Gopal Misser, who acted for the first defendant and had authority to enter into a valid agreement on his behalf for the ale of the house and the land. The first defendant repudiated the allegations of the plaintiffs while the second and third defendants claimed the protection accorded to bona fide purchasers for value without notice. In the Trial Court the plaintiffs produced a document which was marked Exhibit. I and purported to embody the agreement which the plaintiffs sought to enforce specifically. The Court hel4 an elaborate investigation and came to the conclusion that this document, which purported to be an agreement to sell and was alleged to have been written by Sidhi Gopal Misser on the 26th September 1917, was not in existence...
Dhirendra Kumar Bose, Minor, by His Guardun, Mother, Sarojini Bose Vs. ...
Court: Kolkata
Decided on: Jun-14-1922
Reported in: AIR1923Cal154,68Ind.Cas.648
1. The subject-matter of the litigation which has culminated in this appeal, is a tenure covered by a Kabuliyat executed by one Sasbi Kumar Bose in favour of the Secretary of State on the 3rd July 1906. The case for the plaintiff is that, on the 20th April 1905, he obtained an amalnama in respect of the disputed land, in the name of Sashi Kumar Bose, from Narendra Kishore Roy and others who were, at the time, ijaradars under the Secretary of State, and that, upon the expiry of their tiara, when a fresh settlement was made by the Revenue Authorities, Sashi Kumar Bose, as the ostensible tenure holder, executed the kabuliyat previously mentioned, Sashi Kumar Bose died in 1912. The plaintiff alleges that, since then, the first defendant, the minor eon of Sashi Kumar Rose, and the second defendant, his widow, have set up an unfounded claim to the tenure, though the plaintiff has been in possession throughout. The result was a proceeding under Section 145 of the Criminal Procedure Code, whic...
Kulada Prosad Chatterjee and ors. Vs. Khudiram Misra and anr.
Court: Kolkata
Decided on: Jun-13-1922
Reported in: AIR1923Cal371,70Ind.Cas.187
1. This is an appeal by the defendants in a suit for recovery of mesne profits. The only question in controversy is whether the suit is barred under the provisions of Order II, Rule 2, of the Civil Procedure Code of 1908. 'The facts material for the determination of this question, may be briefly recited. The plaintiffs instituted a suit in 1913 against the defendants for recovery of possession of the disputed land with mesne profits upon establishment of title. That suit was decreed on the 22nd May 1914. The plaintiffs became entitled to recover possession of the land and also to realize the mesne profits which had accrued due antecedent to the suit. In July 1914 the plaintiffs executed the decree and obtained symbolical possession through Court. On the 12th February 1917 the plaintiffs instituted a suit against the defendants for recovery of mesne profits subsequent to the institution of the suit and up to the date of delivery of possession. This suit was decreed. On the 20th April 19...
Makar Ali Vs. SarfaddIn and ors.
Court: Kolkata
Decided on: Jun-13-1922
Reported in: AIR1923Cal85,70Ind.Cas.606
1. This is an appeal by the plaintiff in a suit for recovery of possession of immoveable property purchased by him at an execution-sale, or, in the alternative, for recovery of the money paid by him as purchaser at such sale. The Trial Court dismissed the suit, and that decree has been affirmed by the District Judge on appeal. The facts material for the determination of the questions of law raised before us are no longer in controversy and may be briefly recited. On the 18th September 1904 the fifth defendant mortgaged the disputed property to the sixth and seventh defendants to secure a loan of Rs. 100 which was made repayable on the 12th February 1905. On the 14th June 1907 the mortgagees sued the mortgagor to enforce the security. The claim was contested by the mortgagor in his written statement, but, ultimately, a decree was made by consent on the 13th November, 1907. The decree was executed in due course, and at the sale which followed, the plaintiff, a stranger to the suit, becam...
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