Kolkata Court January 1924 Judgments
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Umesh (Chandra) Durbar and ors. Vs. Chowdhry Jamini Nath Mallik and or ...
Court: Kolkata
Decided on: Jan-24-1924
Reported in: 78Ind.Cas.836
Rankin, J.1. This is an appeal by the landlord in a suit brought by him to have an entry in the Record of Rights corrected. The entry is with respect to a Mousah called Dakhin Aukhua and it is contained in what is called Part II of the general khatian in respect of that Mouzah. The entry is to the effect that in that Mousah, if inundation itakes place, the raiyats are to get a rateable proportionate deduotion of rent from their landlords. The judgment under appeal proceeds upon the basis that that entry attracts the presumption under Section 103 B, Sub-section (3) of the Bengal Tenanoy Act ; in other words, that it shall be presumed to be correct until it is proved by evidence to be incorrect. Accordingly, the learned Judge of the lower Appellate Court has approached, first, the plaintiff's evidence and he has examined intothe question whether that evidenoe, first of all, taken by itself, succeeds or fails to rebut the presumption of the correctness of the entry. Having dealt with the ...
Chinmatha Nath Pal Choudhuri Vs. Secretary of State
Court: Kolkata
Decided on: Jan-23-1924
Reported in: AIR1925Cal357
Mukerji, J.1. The facts of this case may shortly be summarised as follows: On the 12th of April, 1920, the appellant applied for probate of the Will of one Braja Nath Pal Choudhuri, deceased. The application was registered on the 14th April, 1920, and intimation thereof was sent to the Collector. On the 3rd July, 1920, the learned District Judge ordered that the probate of the Will was to be granted to the applicant. On the 15th September, 1921, the Collector's valuation was received in the Office of the District Judge. The value according to that valuation was Rs. 41,053-8-0, being much in excess of the value stated in the application filed by the applicant. The applicant not having amended the valuation to the satisfaction of the Collector, the Collector, on the 5th December, 1921 filed a petition in the Court of the learned District Judge under the provisions of Section 19-H, Clause (4) of the Court-Fees Act asking that an enquiry might be held into the question of the true value of...
Sm. Rakimjan and ors. Vs. Amar Krishna Choudhury and ors.
Court: Kolkata
Decided on: Jan-23-1924
Reported in: AIR1925Cal404a
Page, J.1. In this second appeal the only question that arises is as to the amount of rent for which the decree ought to have been passed in favour of the landlord. The landlord claimed that the rent in respect of tenancy in question wag fixed at the rate of Rs. 7 per annum. The tenant, on the other hand, claimed that the rent was Rs. 2-4. In the Trial Court the plaintiff himself gave evidence orally to the effect that the rent was Rs. 7; and among the documents filed in the Trial Court in this case, was a Record-of-Rights in which, in respect of a particular plot which was specified by a particular number in the Khatian, and which the plaintiff claimed, was the land which is the subject-matter of the tenancy in question, the rent was entered as Rs. 7. However, the learned Trial Court came to the conclusion that there was a pottah and there was certain dakhilas which purported to show that rent was payable and had been paid in respect of a tenancy at the rate of Rs. 2-4 as urged by the...
Chitpore Golabari Co. Ltd. Vs. Girdhari Lal Serogi and ors.
Court: Kolkata
Decided on: Jan-23-1924
Reported in: AIR1925Cal530
Rankin, J.1. This appeal has been very ably and closely argued. The plaintiffs sued the Chitpore Golabari Company Limited, by a suit which, as originally framed, prayed for a declaration of the plaintiff's title in addition to a decree for Rs. 33 being the arrears of rent due to the plaintiffs in their 12-annas share in certain property. The property actually in dispute is the property in Schedule Kha of the plaint; but the property in that schedule is also included in Schedule Ka of the plaint. The plaint is an elaborate document and a very favourable specimen of the pleadings in the lower Courts. It sets out very elaborately the history of the plaintiff's title to the land and also of the alleged tenant right of the defendants. Objection was taken to a suit constituted in that way for declaratory reliefs, amongst other things, on the question of title, being brought before the learned Munsif whose jurisdiction was limited to Rs. 1,000. The learned Munsif, by an order which has been c...
J.C. Galstaun Vs. Sonatan Pal and ors.
Court: Kolkata
Decided on: Jan-23-1924
Reported in: AIR1925Cal485
1. This is an appeal against the judgment and decree of the Subordinate Judge, 2nd Court of Dacca, by the plaintiff. The suit was brought for the purpose of enforcing a mortgage by deposit of title-deeds of certain properties at Gopechur made by one J.B. Sookias in favour of the plaintiff on the 22nd May, 1914. The plaintiff's case is that he had been advancing money to J.B. Sookias for the purpose of carrying on business in jute and this transaction commenced some time in 1906. On the 12th March, 1912, there was an adjustment of the account of the money due to the plaintiff from J.B. Sookias and this adjustment was made of the dues up to the 30th October, 1911, when Rs. 75,000 odd was found to be due to plaintiff from J.B. Sookias and Sookias acknowledged his liability to pay that sum with interest at 10 per cent. per annum with six monthly rests affixing his signature to the account made up on the 12th March, 1912. It was stated that this account with Sookias was kept in abeyance by ...
Sreerriati Rakimjan and ors. Vs. Amar Krishna Choudhuby and ors.
Court: Kolkata
Decided on: Jan-23-1924
Reported in: 78Ind.Cas.169
Page, J.1. In this second appeal the only question that arises is as to the amount of rent for which the decree ought to have been passed in favour of the landlord. The landlord claimed that the rent in respect of the tenancy in question was fixed at the rate of Rs. 7 per annum. The tenant, on the other hand, claimed that the rent was Rs. 2-4. In the trial Court the plaintiff himself gave evidence orally to the effect that the rent was Rs. 7; and among the documents filed in the trial Court in this case, was a Record of Eights in which, in respect of a particular plot which was specified by a particular number in the Khatian, and which the plaintiff claimed, was the land which is the subject-matter of the tenancy in question, the rent was entered as Es 7. However, the learned trial Court came to the conclusion that there Vas a potash and there was certain dakhilas which purported to show that rent was payable and had been paid in respect of a tenancy at the rate of Es 2-4 as urged by t...
Ases Kumar Misra and ors. Vs. Kissori Mohan Sarkar and ors.
Court: Kolkata
Decided on: Jan-23-1924
Reported in: AIR1924Cal812
1. This Rule was granted at the instance of the 2nd party on the ground that a certain order made by the Sub-Divisional officer on the 14th July 1923, was without jurisdiction. Now the facts are shortly as follows. Certain proceedings under Section 145 were instituted and those proceedings terminated by an order of the Magistrate made on the 29th March 1922, whereby the Magistrate attached the property which was in dispute and which was an underground colliery together with certain huts and workings on the surface of the land. Now the Magistrate in his judgment found that the first party were in possession, but he found that the possession of the first party had only been probably for a few days or at they most for a few weeks. He then finds that the first party were in possession on the 5th July 1921. and he comes to the conclusion that their possession at the earliest did not begin before the 1st of May, and probably not even so early. Then he says that he is not satisfied, having re...
Romesh Chandra Mitra Vs. Daiba Charan Das
Court: Kolkata
Decided on: Jan-22-1924
Reported in: AIR1924Cal900
Rankin, J.1. In this case, the landlord sues the transferee of a non-transferable occupancy jote for khas possession of the holding. It appears that two tenants Raj Mohan and Sonatan held the suit lands as occupancy raiyats under the plaintiff. In execution of a money decree obtained against the tenants as well as of a mortgage decree obtained against them, the holding was sold to the defendant No. 1 and thereupon the tenants took a tenancy under the transferee, remaining upon their homestead portion which was part of the land of the tenancy and also remaining as cultivators of a certain number of plots being part of the tenancy. In these circumstances, there has been a difference of opinion between the Courts below. The learned Munsif, following Dayamayi v. Ananda Mohan [1915] 42 Cal. 172 has held that, as the tenants on longer pay rent to the plaintiff and as they now claim to hold the home-stead and some plots of land within the jama under the transferee and not under the plaintiff ...
Hari Narayan De Vs. Hari Bhusan De and ors.
Court: Kolkata
Decided on: Jan-22-1924
Reported in: AIR1925Cal574a
Richardson, J.1. This is an application on behalf of the defendant in the suit for leave to appeal to His Majesty in Council against the judgment and order of the High Court, dated the 20th June, 1923, and the question is whether the order is or is not a final order within the meaning of Section 109 of the Code of Civil Procedure.2. The plaintiffs and the principal defendant are brothers. The latter, the eldest brother, is the shebait of certain debutter properties. The plaintiffs make certain charges against him and seek to remove him from his office and to force him to account for his dealings with the trust funds.3. The learned Subordinate Judge in the trial Court dismissed the suit not on the merits, but on the preliminary point that the plaintiffs have no locus standi to sue. The High Court reversed the decree of dismissal and remanded the suit for further hearing.4. The order of the High Court appears to be a mere order of remand made under Order 41, Rule 23, of the Code of Civil...
F.D. Bellew Vs. T. Elke
Court: Kolkata
Decided on: Jan-22-1924
Reported in: AIR1924Cal715,(1924)ILR51Cal577
Suhrawardy, J.1. In this Rule we are asked to revise the order of the Rent Controller, dated the 6th July 1923, in Standard Rent Case No. 673 of 1922 dismissing the application of the petitioner under Section 15 of the Calcutta Rent Act, III of 1920. The facts are that the petitioner was a tenant under the opposite party in respect of premises No. 24, Royd Street, for six months from the 5th August 1922. On the 31st of October 1922 the petitioner applied to the Rent Controller to have the standard rent fixed. The case was adjourned from time to time and it took 8 months to come to a hearing. On the 30th June 1923 the petitioner was evicted under a decree of the Calcutta Small Cause Court. That decree was passed on the 14th May 1923 on the ground that the tenant had not paid rent and was an insolvent. On the 6th July 1923 the petitioner's application under the Rent Act was dismissed. The ground upon which the application has been dismissed is that the petitioner having ceased to be a te...
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