Kolkata Court August 1922 Judgments
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Raja Sreenath Roy and ors. Vs. Secretary of State for India in Council ...
Court: Kolkata
Decided on: Aug-22-1922
Reported in: AIR1923Cal233,70Ind.Cas.510
1. This is an appeal by the plaintiffs in a suit instituted to test the legality of an assessment of revenue made under the Bengal Alluvion and Diluvion Act (IX of 1847). pie case for the plaintiffs is, that the disputed lands, which have been constituted into new estates and assessed with revenue, belonged to them by virtue of the is rights in Zemindar No. 11492 of Dacca Collectorate, and in Taluk No. 4058 of Faridpur Collectorate. The plaintiffs maintain that the assessment could not have been validly made under the provisions of Act IX of 1847 and has not in fact been made in accordance with those provisions. The plaintiffs further seek consequential relief by way of refund of revenue paid under compulsion together with damages thereon. The claim is resisted on behalf of the Secretary of State substantially on the grounds that the disputed lands were accretions to the zemindari taluk and mentioned by the plaintiffs, that they were liable to assessment as they had never before, been ...
Promode Kumar Roy and ors. Vs. Kali Mohan Saha Pramanick and ors.
Court: Kolkata
Decided on: Aug-22-1922
Reported in: AIR1923Cal228,70Ind.Cas.555
1. This is an appeal by the plaintiffs in a suit for partition of land upon establishment of title. The subject-matter of the litigation is described in the plaint as 6 gds 2k. 2kr. share in sikimi taluk Mohammad Amiruddin including, amongst others, released Mouzas Champaknagar and Kalai Gobindapur known as Budhiamara re-formed after diluvion of Alinagar. The case for, the plaintiffs is that the disputed property belonged at one time to a wealthy Muhammadan lady of Dacca, by name Akikannessa Bibi, and that by successive devolution, the share mentoned has vested in them. The case for the first four defendants, who alone contested the claim, is that the interest has devolved on them, and that this litigation. has been engineered by the fifth defendant, Lolitmohan Ray, a Pleader at Dacca, because he was unsuccessful in his effort to secure the property for his own benefit. The lands in controversy have a long and complicated history; but upon an examination of the evidence and a review, o...
Dhirendra Chandra Rai and ors. Vs. Nawab Khaja Habib-ullah and ors.
Court: Kolkata
Decided on: Aug-22-1922
Reported in: 87Ind.Cas.442
B.B. Ghose, J.1. These two appeals are by the defendants and arise out of two suits for rent. The suit out of which Appeal No. 2500 arises was for rent for about 213 acres of land comprised in permanent miras tenure created in 1864 A. D. in favour of the predecessor of the defendants at a rent of Rs. 359 odd. There has been gradual accretion of some lands contiguous to the lands of the miras in the bed of a river and the defendants are entitled to those lands as an increment to their tenure. The plaintiffs did not include these accreted lands in their suit for rent for the miras. It is argued on behalf of the appellants that the plaintiffs were bound to give the extent and boundaries of the land in their suit for rent under Section 148 of the Bengal Tenancy Act, and as the accreted lands are an increment to the tenure the plaintiffs were bound to include those in their suit, and as they did not do so the suit ought to be dismissed. We do not think that the contention is sound. The plai...
Midnapore Zemindary Company Vs. Ishan Chandra Chowdhury and ors.
Court: Kolkata
Decided on: Aug-21-1922
Reported in: AIR1924Cal346
1. S.A. No. 2670 of 1917 - This appeal is directed against a decree for possession and mesne profits, made in the following terms : 'The plaintiffs will recover their possession of 2 annas 17 gundas 2 kara 1 kranti share in the Mehal with mesne profits and interest at 6 per cent, from which their share of the purchase price of Rs. 1,366-9, 16-2-2 will be deducted. The plaintiffs will also be entitled to recover their costs throughout from defendant No. 1 with interest at 6 per cent, except the costs incurred in the Court of first instance.'2. In this appeal, which has been preferred by the first defendant, the respondents are the plaintiffs. One of these plaintiffs, Taran Krishna Bhomik, died on the 4th January, 1920, during the pendency of the appeal. No steps were taken to set aside the abatement within the time allowed by law; and in answer to a Rule obtained to amend the record, it was pointed out by the respondents that the Rule had been granted on a petition which contained state...
Midnapore Zemindary Company Limited Vs. Ishan Chandra Chowdhury and or ...
Court: Kolkata
Decided on: Aug-21-1922
Reported in: 72Ind.Cas.479
Second Appeal No. 2670 of 19171. This appeal is directed against a decree for possession and mesne profits, made in the following terms: 'The plaintiffs will recover their possession of 2 annas 17 gundas 2 kara 1 kranti share in the Mehal with mense profits and interest at 6 per cent from which their share of the purchase price of Rs. 1,366-9-16-2-2 will be deducted. The plaintiffs will also be entitled to recover their costs throughout from defendant No. 1 with interest at 6 per. cent, except the costs incurred in the Court of first instance.'2. In this appeal, which has been preferred by the first defendant, the respondents are the plaintiffs. One of these plaintiffs, Taran Krishna Bhomik, died on the 4th January 1920 during the pendency of the appeal. No steps were taken to set aside the abatement within the time allowed by law; and in answer to a Rule obtained to amend the record, it was pointed out by the respondents that the Rule had been granted on a petition which contained sta...
Ananda Chandra Chakravarti Vs. Broja Lal Singh and ors.
Court: Kolkata
Decided on: Aug-21-1922
Reported in: AIR1923Cal142,74Ind.Cas.793
Asutosh Mookerjee, J.1. The subject-matter of the litigation which has culminated in this appeal is a parcel of land in the town of Dacca temple erected thereon, two idols installed therein, together with ornaments and other articles appurtenant there to. The first plaintiff is Ananda Chandra Chakravarti, a member of the legal profession, practising at Dacca, and he has commenced this litigation, on his own behalf and also as shebait of the two idols, Rudra Nath and Mahamaya, images of god Siva and goddess Durga espectively) who are joined as co-plaintiffs. The first defendant, Brajananda Saraswati claims to be the mohant of the Bura Siva temple and Asthan, an ancient religious foundation situated in the town of Dacca n the immediate neighbourhood of the disputed temple. The second defendant Rudra Tridandi Trijuralinga Swami is alleged by the plaintiff to be the real mohunt of the Bura Siva temple) who resides at Swamibag in the town of Dacca. The third and fourth defendants are eprese...
Monmohon Ghose and ors. Vs. Siddeswar Dubay and ors.
Court: Kolkata
Decided on: Aug-21-1922
Reported in: 76Ind.Cas.213
John Woodroffe, J.1. The question in this appeal is whether there was an absolute or imperfect debutter that is a mere charge, and in the former case whether the property, the subject-matter of the debutter, was converted by the consent of the whole family into secular property. On reading the myama patra which has been placed before us I have no doubt whatever in holding that the Munsif was right and that an absolute debutter was intended to be created by that document. The provision as to the disposal of any surplus, namely, 'if there be any surplus in the profits after performance of the sheba in the prescribed way then other property will be acquired for the 'Iswar Jiw' as also the dissociation which was markedly made by the deed of this and secular properties strongly support the view which the Munsif has taken. In passing to the question to which I shall later refer as to whether or not there was a dedication to any particular debata it is important to remember in this connection...
F.T. Kingsley Vs. the Secretary of State for India in Council
Court: Kolkata
Decided on: Aug-18-1922
Reported in: AIR1923Cal49,72Ind.Cas.270
Asutosh Mookerjee, J.1. This is an appeal by the plaintiff in a suit, instituted against the Secretary of State for India, for damages in respect of a license for catching elephants in Assam. On the 16th June, 1915, the plaintiff, Frederick Thomas Kingsley, a European British subject, obtained from the Deputy Commissioner, Goalpara, a license to catch elephants in Goalpara Mahals Nos. 1 and 11 and Bhutan Mahals Nos. 1 and 11, for the period from 1st October, 1915 to 31st March, 1916 and from 1st October, 1916 to 31st March, 1917. The plaintiff paid a consideration of Rs. 66,000 for the license. The plaintiff captured 279 elephants in the first year and 342 elephants in the second year. The case for the plain tiff was that he could not catch as many elephants as he would have done, but for the wrongful acts of the officers of the defendant. His grievance was three-fold; first, the operations were delayed by reason of the failure of the defendant to provide him with the requisite passpor...
Abdul Latif Kazi Vs. Abdul Huq Kazi
Court: Kolkata
Decided on: Aug-17-1922
Reported in: AIR1924Cal523
1. This is an appeal by the Defendant in a suit for recovery of possession of land upon establishment of title by inheritance. The property admittedly belonged at one time to Aber Kazi. The case for the Plaintiff is that Aber Kazi (his father) remained the owner of the property till his death in 1907; and that consequently he is entitled to a share by right of inheritance. The plaintiff, however, is met by a conveyance which was executed by his father on 8th July 1905 in favour of the seventeenth Defendant who was the wife of Aber Kazi and step-mother of the Plaintiff. The conveyance recites that dower debt was due to the lady and that as the executant was not in a position to pay her in cash, the only course left open to him was to transfer to her the properties covered by the deed. If this document represented a real transaction, Aber Kazi ceased to be the owner of the disputed properties before his death, and the Plaintiff cannot succeed on the basis of title by inheritance. The ess...
Kazi Abdul Latif Vs. Kazi Abdul Huq
Court: Kolkata
Decided on: Aug-17-1922
Reported in: 81Ind.Cas.667
1. This is an appeal by the defendant in a suit for recovery of possession of land upon establishment of title by inheritance. The property admittedly belonged at one time to Aber Kazi. The case for the plaintiff is that Aber Kazi (his father) remained the owner of the property till his death in 1907 and that consequently he is entitled to a share by right of inheritance. The plaintiff, however, is met by a conveyance which was executed by his father on 8th July 1905 in favour of the seventeenth defendant who was the wife of Aber Kazi and step-mother of the plaintiff. The conveyance recites that dower debt was due to the lady and that as the executant was not in a position to pay her in cash, the only course left open to him was to transfer to her the properties covered by the deed. If this document represented a real transaction, Aber Kazi ceased to be the owner of the disputed properties before his death, and the plaintiff cannot succeed on the basis of title by inheritance. The esse...
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