Kolkata Court June 1922 Judgments
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Kedar Nath Das Vs. Bidhu Bhushan Guha and ors.
Court: Kolkata
Decided on: Jun-06-1922
Reported in: AIR1924Cal348
Mookerjee, J.1. This is an appeal by the plaintiff in a suit to enforce a mortgage. The defendants resisted the claim on the ground that as the document had not been registered in accordance with the provisions of the Indian Registration Act, there was no enforceable mortgage-security. The Court of first instance upheld this contention and dismissed the suit. Upon appeal the Subordinate Judge has affirmed the decision of the primary Court.2. It appears that two properties were included in the mortgage bond; one of these was situated in Hathazari in the district of Chittagong, and the other was situated in the town of Chittagong. The document was registered on the 12th May, 1904 by Babu Monmohan Guha, Special Sub-Registrar at Chittagong. It has now been proved that the property which was stated to be situated in the town of Chittagong never belonged to the mortgagor, even if it be assumed that it had any real existence. Consequently the case falls within the principle recognised by the ...
FaijaddIn Vs. Agni Kumar Sarma and ors.
Court: Kolkata
Decided on: Jun-06-1922
Reported in: AIR1924Cal370,71Ind.Cas.300
Suhrawardy, J.1. The suit that gave rise to this appeal was one for recovery of rent, brought by the plaintiff on the allegation that the rent of the holding in the occupation of the defendant was Rs. 35, odd. The defence was that the rent was Rs. 25-11. The Court of First Instance dismissed the plaintiff's suit, but that decision was reversed by the lower Appellate Court on appeal. Exception has been taken to the judgment of the lower Appellate Court on three grounds; first, that that Court has erred in saying that the collection papers filed by the plaintiff for the last 20 years or more prove that the annual rent is Rs. 35-13-6. My attention has been directed to an entry more than 30 years ago where the rent of the defendant or his predecessor is given as Rs. 32-8-0. There may be slight discrepancies, as it has been pointed out that on one occasion rent was mentioned as Rs. 34, odd. The variation may be due to temporary variation in area or some other cause. But the main fact remain...
Kedarnath Das Vs. Jyanta Kumar Shome and ors.
Court: Kolkata
Decided on: Jun-06-1922
Reported in: 70Ind.Cas.583
1. This is an appeal by the plaintiff in a suit to enforce a mortgage. The defendant resisted the claim on the ground that as the document had not been registered in accordance with the provisions of the Indian Registration Act, there was no enforceable mortgage security. The Court of the first instance upheld this contention and dismissed the suit. Upon appeal the Subordinate Judge has affirmed the decision of the primary Court.2. It appears that two properties were included in the mortgage bond: one of these was situated in Hathazari in the District of Chittagong and the other was situated in the town of Chittagong. The document was registered on the 12th May 1904 by Babu Monmohan Ghua, Special Sub-Registrar at Chittagong. It has now been proved that the property which was stated to be situated in the town of Chittagong never belonged to the mortgagor, even if it be assumed that it had any real existence. Consequently the case falls within the principle recognised by the Judicial Com...
Gajendra Nath Dey Vs. Moulvi Ashraf Hossain
Court: Kolkata
Decided on: Jun-06-1922
Reported in: AIR1923Cal130
1. This appeal is directed against the decision of the President of the Calcutta Improvement; Tribunal in a case for apportionment of compensation in respect of laud acquired for the Calcutta Improvement Trait under a declaration published on the 27th March 19.8. The rival claimants are the lessor and the lessee of the disputed property. The President has decided that the-lessor is entitled to the entire compensation money awarded for the land. The lessee has consequently appealed to this Court.2. The President has found that the land in question was valid wakf and that the lessor was the mutualli. No serious attempt has been made in this Court to controvert this conclusion. The evidence shows that the rents and profits have been for many years appropriated to defray the expenses of a mosque, and the property is deserted throughout as wakf in all the relevant documents. The case must, consequently, be decided on the footing that the land acquired was a valid wakf.3. On the 14th April 1...
Raj Kumar Mandal and ors. Vs. Ali Mia and ors.
Court: Kolkata
Decided on: Jun-02-1922
Reported in: AIR1923Cal192,70Ind.Cas.792
1. This is an appeal under Clause 15 of the fetters Patent from the judgment of Mr. Justice Cuming in a suit for the recovery of possession of land upon declaration of title. The plaintiffs and the first two defendants are four brothers and are interested in the land in equal shares. According to the plaintiffs, the seventh defendant is their tenant and they have been evicted from the land by the first defendant who is a trespasser. The seventh defendant instituted a suit for rent against the under-tenants, with the result that the suit was dismissed, because the first defendant is in wrongful possession of the land. The seventh defendant thereupon stopped payment of rent to the plaintiffs. The plaintiffs were consequently constrained to institute this suit for declaration of title and recovery of possession by ejectment of the first defendant through the seventh defendant. The first defendant pleaded that he held as tenant under the plaintiffs by attornment in favour of their mother, ...
Khagendra Nath Mukherjee Vs. Khetra Nath Pal Also Known as Khetra Moha ...
Court: Kolkata
Decided on: Jun-02-1922
Reported in: 71Ind.Cas.314
Asutosh Mookerjee, J.1. The facts material for the determination of the questions in controversy in this appeal in a mortgage suit lie in a narrow compass and may be briefly recited. On the nth April 1908 four brothers, Makhanlal, Khagendranath, Kumudindu and Mohanlal, members of the family of Mookerjee's of Janai, in the District of Hoogly, executed a Mortgage-bond in favour of the plaintiff to secure a loan of Es. 15,000 which was to carry interest at Q per cent, per annum with annual rests, and was made re-payable on the 31st March 1912. The relationship of the members of the family of the mortgagors may be gathered from the following pedigree: CHANDRA KANT MOOKERJEE, | W. Kilanmoyi __________________________|________________ | | Parbati Charan Harendra Krishna, | died 1896 _________|________ | | | | Surendra- Gopal Chandra. | nath. | ___________| ____________|_______ _____________ | | | | Makhan Khagendra Kumu- Mohan Lal Nath, dindn, Lal, W. Sarat Defendent Defendant Defendant Kuma...
Alam Mulla and anr. Vs. Surendra Kumar Karforma and anr.
Court: Kolkata
Decided on: Jun-02-1922
Reported in: 69Ind.Cas.57
Suhrawady, J.1. This appeal arises out of an action for rent under the following circumstances. There was a holding standing in the name of one Tafizuddin under the plaintiffs at a rental of Rs. 52-8-0. In February 1914 the defendants purchased this holding by private treaty and it appears that they did not get their names registered in the landlord's sherista in respect of it. Subsequently the plaintiffs brought a suit for arrears of rent against the former tenant and got a decree, in execution of which they brought the holding to sale and purchased it themselves. These defendants then applied under Order XXI, Rule 90, Civil Procedure Code, to have the sale set aside on the ground of irregularity in the publication of execution processes. In the course of that litigation a petition was filed, signed by both parties to the effect that the plaintiffs settled the jama with the defendants in maurasi mokarari right having fixed the rate of rent at 14 annas per bigha and that on measurement...
Charu Chandra Pramanik Vs. Nahush Chandra Kundu and ors.
Court: Kolkata
Decided on: Jun-02-1922
Reported in: AIR1923Cal1,74Ind.Cas.630
1. The subject matter of the litigation which has led up to this appeal is property comprised in a religious endowment created for the benefit of a family idol by the Will of one Kali Prasanna Pramanik. The Will was executed on the 10th March 1889, and was registered on the 7th June 1889. Pramanik died on the 29th April 1894 leaving behind him three, widows, Brajamati, Gayatri and Dwarika ,Sundari and an adopted son, Hiranmoy. The relationship of the members of the family will be gathered from the following pedigree:Sic2. The Will recited that the ancestral deity of the testator, Salgram named Iswar Lakshmi Narayan, had been daily worshipped in his house for a long time, and then proceeded to make the following provisions for its perpetual sheba:My ancestral and self-acquired immoveable properties marked (ka) and (kha) mentioned in the schedule below, shall, after my death, be debuttar property of my above-mentioned deity Sri Iswar Lakshmi Narayan Salgram. My heirs or representatives s...
Emperor Vs. Bimalanand Das Gupta, a Pleader
Court: Kolkata
Decided on: Jun-01-1922
Reported in: AIR1924Cal329
Mookerjee, J.1. This is a Reference under Section 14 of the Legal Practitioners Act in the matter of Babu Bimalananda Das Gupta, a pleader at Dacca. The District Judge has formulated three charges against him. It is not necessary for our present purpose to refer to more than two of them.2. The first charge is that he had engaged himself as a Professor of Economics in the Dacca National College without the permission of the High Court. The third charge is that when he was tried for an offence under Section 188, Indian Penal Code, ho stated to the Court that he had no faith in the justice administered by British. Courts.3. As regards the first charge, the pleader sought to justify his conduct in the Court below by maintaining that his present occupation was in no way inferior, if not far superior, to the legal profession, and that he could not consequently be deemed to have violated the spirit of the law in the slightest degree. One of the rules framed by this Court to regulate the condu...
Baidya Nath Dutt Vs. Alef Jan Bibi and ors.
Court: Kolkata
Decided on: Jun-01-1922
Reported in: AIR1923Cal240,70Ind.Cas.194
1. The subject matter of the litigation which has culminated in this appeal is landed property situated in the eastern suburb of this city The property belonged originally to one Mather Ostagar whose name appears in the following pedigree: MATHER OSTAGAR= Musammat Karimannessa. | Alefjan m. Lutfar Rahman | ---------------------------- | | | Mujibar Rahman Asia Sufia. m. Abdul, Kader.2. On the 14th January 1857 Ostagar transferred the property to his wife, Karimannessa, in lieu of dower, by, a document described as a hiba-bil-ewaz (gift for an exchange). On the 26th June 1899 a conveyance of the property is said to have been executed by Karimannessa to her grand-daughters Asia, and Sufia. Whether his deed was in fact executed by Kar man nessa and, if so, whether it was voluntarily executed by her, are matters in controversy in this litigation. It is sufficient to mention at this stage that the document was registered on the 26th July 1899. On the 22nd March 1900 Asia was, on her applica...
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