Kolkata Court March 1923 Judgments
Surendra Nath Alias Kartick Chandra Ghose and ors. Vs. Raja Reshee Cas ...
Court: Kolkata
Decided on: Mar-29-1923
Reported in: AIR1924Cal139
1. This appeal arises out of a suit upon an instalment mortgage bond, dated the 23rd Bysak 1308.2. The bond provided for payment of the debt in twelve instalments, the first falling due in Pous 1308 and the others in the month of Pous of each of the next 11 years ending with 1319. It was further provided that on default in payment of any one instalment the creditor would be entitled to recover the entire amount due under the bond with interest thereon at 2 per cent, per mensem, without waiting for the future instalments falling due. The plaintiff alleged that the first instalment was duly paid, and the instalments for 1309 to 1311 together with interest thereon were paid, and accepted although the payments were made out of time and the suit was brought for the subsequent instalments.3. The main defence was that the suit was barred by limitation. The Court of first instance disbelieved the case set up by the defence, but also disbelieved the case of the plaintiff as regards payments mad...
Tag this Judgment!Chand Mall Babu Vs. Ban Behari Bose
Court: Kolkata
Decided on: Mar-29-1923
Reported in: AIR1924Cal209,74Ind.Cas.1021
1. This appeal is directed against the dismissal of an application under Rule 6 of Order 34 of the Code of Civil Procedure of 1908. The facts material for the decision of the questions raised before us really lie in a small compass and may be briefly recited.2. One Ananda Chandra Bose died leaving a widow and seven sons. Three of these sons died childless with the result that their interest in the ancestral estate was inherited by their mother. The position consequently was that the widow became entitled to a 3/7th share and the remaining 4/7th share was divided equally amongst the four sons. On the 16th April 1903, two of the sons executed a mortgage in favour of the appellant to secure a loan of Rs. 15,000. There were six properties given by way of security, and what was hypothecated was the 2/7th share of the two mortgagors in the properties mentioned. On the 19th April 1905 the widow and three of the sons executed another mortgage in favour of the appellant to secure a loan of 10,0...
Tag this Judgment!Manindar Chandra Nandi Vs. Kaulat Shaik and anr.
Court: Kolkata
Decided on: Mar-29-1923
Reported in: AIR1924Cal374
Rankin, J.1. These two second appeals (2325 and 2420 of 1920) arise out of two suits for increased rent (1484 and 1495 of 1918) brought by the Maharaja of Kasiinbazar against Kaulat Shaik and Lagnu Mandal respectively. The plaintiff claimed additional rent for excess area, and also enhancement of rent on the ground that the rate of rent hitherto paid was lower than the rates prevailing in the locality. The Munsiff of Maldah disallowed both claims and appeals to the Additional Subordinate Judge of Rajshahi have been dismissed by him with costs.2. In Kaulat's case the tenancy has hitherto stood as comprising an area of 1 bigha 8 cottaks 8 chittaks bearing a jama of 14 annas 9 pies. The plaintiff claimed that this should be found to be a tenancy of 2 bighas 1 cottah bearing a jama of Rs. 2-12-73. In Lagnu's case the tenancy has hitherto stood as of 10 bighas 15 cottahs bearing a jama of Rs. 15-6. The plaintiff claimed that this should be 13 bighas 15 cottahs. 1 chittak at a jama of Rs. 26...
Tag this Judgment!Surendra Nath and ors. Vs. Raja Reshee Case-law and ors.
Court: Kolkata
Decided on: Mar-29-1923
Reported in: 79Ind.Cas.271
1. This appeal arises out of a suit upon an instalment mortgage-bond, dated the 23rd Bysah 1308.2. The bond provided for payment of the debt in twelve instalments, the first falling due in POUS 1308 and the others in the month of Pous of each of the next 11 years ending with 1319. It was further provided that on default in payment of any one instalment the creditor would be entitled to recover the entire amount due under the bond with interest thereon at 2 per cent, per mensem, without waiting for the future instalments falling due. The plaintiff alleged that the first instalment was duly paid and the instalments for 1309 to 1311 together with interest thereon were paid and accepted although the payments were made out of time and the suit was brought for the subsequent instalments.3. The main defence was that the suit was barred by limitation. The Court of first instance disbelieved the case set up by the defence but also disbelieved the case of the plaintiff as regards payments made b...
Tag this Judgment!Manindra Chandra Nandi Vs. Kaulat Shaik and Legnu Mandal
Court: Kolkata
Decided on: Mar-29-1923
Reported in: 79Ind.Cas.852
Rankin, J.1. These two second appeals (2325 and 2420 of 1920) arise out of two suits for increased rent (1484 and 1495 of 1918) brought by the Maharaja of Kasimbazar against Kaulat Sheikh and Lagnu Mandal res pectively. The plaintiff claimed additional rent for excess area and also enhancement of rent on the ground that the rate of rent hitherto paid was lower than the rates prevailing in the locality. The Munsif of Malda disallowed both claims and appeals to the Additional Subordinate Judge of Bajshahi have been dismissed by him with costs.2. In Kaulat's case the tenancy has hitherto stood as comprising an area of 1 bigha, 8 cottah, 8 chittaks, bearing a jama of 14-annas 9-pies. The plaintiff claimed that this should be found to be a tenancy of 2 bighas, 1 cottah, bearing a jama of Rs. 2 12-7.3. In lagnu's case the tenancy has hitherto Stood as of 1 bighas, 15 cottahs bearing a jama of Rs. 15-6. The plaintiff claimed that this should be 13 bighas, 15 cottahs, 1 chittak, at a jama of R...
Tag this Judgment!Roshan Ali and anr. Vs. Chandra Mohan Das
Court: Kolkata
Decided on: Mar-28-1923
Reported in: AIR1923Cal701,75Ind.Cas.447
B.B. Ghose, J.1. This appeal arises out of a suit for recovery of khas possession on declaration of the raiyati tight of the plaintiff after evicting the defendants who are under raiyats under the plaintiff and who hold under a kabuliyat. the term of which has expired. This is how the plaintiff frames his suit. It was dismissed by the Munsif who held that the defendants were under-raiyats but that no notice had been served under Section 49 of the Bengal Tenancy Act on them and, therefore, the plaintiff was not entitled to a decree for ejectment. On appeal by the plaintiffs the learned Subordinate Judge holds that the defendants are not in possession of the land as tenants but as labourers. This view, I think, it was not open to the Subordinate Judge to take because the plaintiff comes to Court on the allegation that the defendants are under-raiyats. The facts, shortly stated, are these:--The plaintiff was a co-sharer landlord with regard to a certain, occupancy holding which has been f...
Tag this Judgment!Joygunnessa Bibi Vs. Majilullah Mamed Promanik and ors.
Court: Kolkata
Decided on: Mar-27-1923
Reported in: AIR1924Cal1016
1. This is an appeal against a decree for the removal of a mutwali in a suit instituted under Section 92, C.P.C. The wakf was created on the 10th June, 1898, by Sawy Ali and Joygunnessa Bibi. The former became the first mutwali and continued to hold office till his death which took place on the 28th April, 1903. The latter thereupon became the mutwali. It is alleged that during her time the wakf estate has practically disappeared, the properties included in the estate have been treated as secular properties not dedicated for charitable purposes, and have actually been partitioned. The lands have also f. been sold for the personal debt of the mutwali. The performance of religious, charitable and educational acts enjoined by the wakfnama has ceased, the mosque has fallen into decay and the Madrassa and Fakirkhana no longer exist. In view of these facts, which have been established by the evidence, the District Judge has directed that the mutwali be removed and he has also appointed new m...
Tag this Judgment!Hayatunessa Chowdhurani Vs. Achia Khatun
Court: Kolkata
Decided on: Mar-26-1923
Reported in: AIR1924Cal131
Walmsley, J.1. These two appeals are preferred by the decree-holder. The facts necessary for understanding the case are as follows : a preliminary decree upon a mortgage was passed on the 22nd November, 1907, allowing six months' grace to the mortgagor. On the application of the decree-holder, a final decree was made on the 4th of July, 1908; but the reliefs granted were not embodied in a formal decree in the form now prescribed by the new Civil Procedure Code. The Judge's order simply stated that the decree was made absolute as applied for. After various applications for execution, the application from which these appeals arise was presented on the 29th of June, 1920. The learned Judge by his order of the 11th May, 1921, held that the application was barred by limitation. He over-ruled several objections preferred by the judgment-debtor; but when he came to the last point which was to the effect that the application was presented more than 12 years after the date of the decree, he all...
Tag this Judgment!TIn Kari Bose and ors. Vs. Nogendra Prosad Basu and ors.
Court: Kolkata
Decided on: Mar-24-1923
Reported in: 77Ind.Cas.10
Rankin, J.1. This is an appeal by certain co-sharer defendants who were impleaded together with the tenants in a rent-suit. The plaintiffs' claim to have a two annas share in the landlord's interest. The appellants contend that the whole interest belonged to them. A claim was made against the tenants for a two Annas share of certain rent in arrear and an alternative claim was made against the present defendant-appellants that the plaintiffs' share of certain rent which had been received by the appellants from the tenants should be paid over to the plaintiffs A decree has been given both against the tenant and against the defendant appellants.2. On this appeal, it has been contended that a serious question of title was raked as between the plaintiffs on the one hand and the appellants on the other and treating the cafe as a rent suit the trial Judge did not formally settle is sues that would determine tie question of title, but proceeded but the manner prescribed in Section 148 Bengal T...
Tag this Judgment!idol Sri Sri Gokul Nath Jiu Vs. New Birbhum Coal Co., Ltd.
Court: Kolkata
Decided on: Mar-23-1923
Reported in: AIR1924Cal183
B.B. Ghose, J.1. The memorandum of appeal in this case was filed with a Court-fee of Rs. 20 in accordance with the provisions of Schedule II, Article 17(iii) of the Court Fees Act, 1870, as amended by Bengal Act, IV of 1922. There being a difference of opinion as to the fee payable between the Stamp Reporter and the Vakil for the Appellant, the Taxing Officer referred the matter to the Chief Justice who has appointed me to decide the question under Section 5 of the Court Fees Act. I thought it necessary to look into the plaint in order to enable me to decide it, and the learned Vakil for the Appellant supplied me with a copy of it and also another copy to the learned Government Pleader who appeared on behalf of the revenue authorities. It is contended on behalf of the Appellant that the Court-fee paid is sufficient. Article 17 of Schedule II of the Court Fees Act runs thus : Plaint or memomorandum of appeal in each of the following suits : (iii) to obtain a declaratory decide where no ...
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