Kolkata Court February 1924 Judgments
Bhola Nath Dutta Vs. Radha Nath Biswas and ors.
Court: Kolkata
Decided on: Feb-28-1924
Reported in: AIR1924Cal844
1. This is an appeal against the order of the Court below dated the 15th September 1923 passed in the execution of a decree. Gopinath Biswas, a brother of the respondent brought a suit for partition of their family dwelling house which was in the joint occupation of all the co-sharers. There was a decree for partition and a Commissioner was appointed to effect it. By consent of parties, the Commissioner made the allotments by which two contiguous rooms under one roof were allotted to Gopinath and the respondent respectively. There are walls between the two rooms which fell to the share of Gopinath who had to pay some money to the other co-owners as compensation. Thereafter Gopinath sold the portion allotted to him to the appellant who applied for execution of the decree. Possession of the room allotted to Gopinath was delivered to the appellant by Court. The appellant, however, was not satisfied with the delivery of the possession of the walls between the two rooms as the beams and raf...
Tag this Judgment!Paran Chandra Sow Vs. Kanta Mohan Mullick and ors.
Court: Kolkata
Decided on: Feb-28-1924
Reported in: AIR1924Cal875,83Ind.Cas.568
M.N. Mukerji, J.1. This is an appeal which arises out of proceedings under Section 105 of the Bengal Tenancy Act. The tenant-defendant is the appellant before us. The holding to which these proceedings relate was recorded in the finally published record-of-rights as being assessable to rent, and the landlord instituted this proceeding for the purpose pf having a fair and equitable rent settled in respect of it. The Assistant Settlement Officer came to the conclusion that the existing rent, that is to say, the rent of Rs. 7-2-9 pies together with an enhancement of 1 anna 6 pies in the rupee would be the fair and equitable rent for the plaintiff in question. There was an appeal to the special Judge and the learned Judge disposed of the matter in these words : 'The tenancy was in this case shown in the record-of-rights as an ordinary occupancy holding. The tenant had, therefore, to show that it was mokarrari. Only three dakhilas for 1299, 1311 and 1323 had been filed by him and between th...
Tag this Judgment!Kali Prosanna Bahaduri and ors. Vs. Rani Hemanta Kumari Debi and ors.
Court: Kolkata
Decided on: Feb-28-1924
Reported in: AIR1924Cal977
1. The suit out of which this appeal has arisen relates to some plots of char lands in the bed of the river Boiran. Both the Courts below have decreed the plaintiffs' suit mainly on the finding that that part of the river was within the zemindari of the plaintiff and the pro forma defendants. The defendants have appealed and three points have been urged in support of the appeal.2. In the first place, it is contended that the Court of appeal below has not only not given due weight to the Thak map, but on the contrary has attached undue weight to the revenue survey map. It is contended that according to the thak map this part of the river would be included in the Zemindari of the defendants which is contiguous to that of the plaintiff. According to the Revenue Survey map the position would be otherwise. With reference to the thak map the learned Subordinate Judge has accepted the reasons given by the Munsiff for accepting the Revenue Survey map as correct in. including the river in quest...
Tag this Judgment!Shulachana Mazumdar and ors. Vs. Kali Bibi and ors.
Court: Kolkata
Decided on: Feb-28-1924
Reported in: AIR1925Cal516,79Ind.Cas.317
1. This is an appeal by the plaintiffs in a suit for ejectment. There is no dispute about the fact that the defendants' father and predecessor Munshi Gazi was an under-raiyat under the plaintiffs by virtue of a kabuliyat executed in their favour. The kabuliyat was executed in 1317 for a term of nine years which expired in Chait 1325. It is admitted on all hands that Munshi Gazi died one month before Chait 1325. The substantial question before the Courts below was what construction was to be placed upon the kabuliyat. We have not had the advantage of examining the document for ourselves as it has not been placed before us and we are, therefore, bound to accept the interpretation which has been given to it by the learned Subordinate Judge. It contains a stipulation for a lease for a fresh term upon the expiry of the term already settled. It also contains the expression: 'I and my heirs will happily enjoy the land,' and it is further stated that in the event of their refusal to execute a ...
Tag this Judgment!Brajeswari Dasi Vs. Rasik Chandra Ghosh and anr.
Court: Kolkata
Decided on: Feb-28-1924
Reported in: AIR1925Cal739,85Ind.Cas.581
1. This appeal is against an order refusing Letters of Administration with copy of the will annexed.2. The Will was executed by one Suresh Chandra Ghose on the 12th May, 1920, was registered on the 17th May, 1920, at 5 P.M. and the testator died that night. It appears that the testator was about 21 years of age at the time of his death. He had lost his father and mother and ha was for about two months before his death suffering from fever and diarrhoea, and was residing at the house of one of his paternal uncles Nabin, whose wife Brajeswari nursed him during that period. The will purported to give practically all the properties of the testator to Brajeswari after making provisions for a minor sister. Brajeswari propounded the will and two of the paternal uncles of the testator contested the will. The execution of the will by the testator is not disputed but the Court below has found that it was not properly attested, and that the testator was not of a sound disposing mind at the time o...
Tag this Judgment!Bhola Nath Dutt Vs. Radha Nath Biswas
Court: Kolkata
Decided on: Feb-28-1924
Reported in: (1924)ILR51Cal789
Suhrawardy and Chotzner, JJ.1. This is an appeal against the order of the Court below dated the 15th September, 1923, passed in the execution of a decree. Gopi Nath Biswas, a brother of the respondent, brought a suit for partition of the family dwelling house which was in the joint occupation of all the co-sharers. There was a decree for partition and a Commissioner was appointed to effect it. By consent of parties, the Commissioner made the allotments by which two contiguous rooms under one roof were allotted to Gopi Nath and the respondent respectively. There are walls between the two rooms which fell to the share of Gopi Nath who had to pay some money to the other co-owners as compensation. Thereafter Gopi Nath sold the portion allotted to him to the appellant who applied for execution of the decree. Possession of the room allotted to Gopi Nath was delivered to the appellant by Court. The appellant, however, was not satisfied with the delivery of the possession of the walls between ...
Tag this Judgment!Bhola Nath Dutta Vs. Radhanath Biswas and ors.
Court: Kolkata
Decided on: Feb-28-1924
Reported in: 78Ind.Cas.908
1. This is an appeal against the order of the Court below, dated the 15th September 1923, passed in the execution of a decree. Gopinath Biswas, a brother of the respondent, brought a suit for partition of their family dwelling house which was in the joint occupation of all the co-sharers. There was a decree for partition and a Commissioner was appointed to effect it. By consent of parties, the Commissioner made the allotments by which two contiguous rooms under one roof were allotted to Gopinath and the respondent, respectively. There are walls between the two rooms which fell to the share of Gopinath who had to pay some money to the other co-owners as compensation. Thereafter, Gopinath sold the portion allotted to him to the appellant who applied for execution of the decree. Possession of the room allotted to Gopinath was delivered to the appellant by Court. The appellant, however, was not satisfied with the delivery of the possession of the walls between the two rooms as the beams an...
Tag this Judgment!Kali Prosanna Bhaduri and ors. Vs. Rani Hemanta Kumari Debi and ors.
Court: Kolkata
Decided on: Feb-28-1924
Reported in: 79Ind.Cas.1038
1. The suit out of which this appeal has arisen relates to some plots of char lands in the bed of the river Boiran. Both the Courts below have decreed the plaintiffs' suit mainly on the finding that that part of the river was within the Zemindari of the plaintiff and the pro-forma defendants. The defendants have appealed and three points have been urged in support of the appeal.2. In the first place, it is contended that the Court of appeal below has not only not given due weight to the Thak map but on the contrary has attached undue weight to the revenue survey map. It is conceded that according to the Thak map this part of the river would be included in the Zemindari of the -defendants which is contiguous to that of the plaintiff. According to the Revenue survey map the position would be otherwise. With reference to the Thak map the learned Subordinate Judge has accepted the reasons given by the Munsif for accepting the revenue survey map as correct in including the river in question...
Tag this Judgment!Bilas Chandra Roy Vs. Rajendra Chandra Das Roy and anr.
Court: Kolkata
Decided on: Feb-27-1924
Reported in: AIR1924Cal839
1. The plaintiff Bilas Chandra Roy who is the appellant before us was the owner of an entire estate bearing Touzi No. 9299 in the Dacca Collectorate, The revenue of the estate is Rs. 88-1-1 payable in three instalments and the amounts and the latest days of payments, fixed under Section 3 of Bengal Land Revenue Sales Act XI of 1859, of these instalments are Rs. 60-4-0 on the 12th January, Rs. 16-9-1 on the 28th March. Rs. 1140 on the 28ih June. On the 26th June 1919 the plaintiff himself paid Rs. 11-4-0 at the Dacca Post Office with a revenue money order form duly filled in according to the rules contained in the Bengal Touzi Manual 1918 on account of the revenue payable on the 28th June. On the 6th July the plaintiff received Exhibit 12 the acknowledgment portion of the money order which, instead of being a receipt for the payment of revenue, contained an intimation endorsed in red ink in the following terms 'Received after expiry of due date. The amount is kept in revenue deposit. Th...
Tag this Judgment!Jnendra Nath Roy Chowdhury and ors. Vs. Ram Ranjan Banerjee and ors.
Court: Kolkata
Decided on: Feb-27-1924
Reported in: AIR1924Cal988
1. This appeal is by the plaintiffs for the recovery of possession of certain immovable properties after declaration of title. These properties originally belonged to one Gagan Chandra Roy Chowdhury who died in 1857 leaving a widow Kritarthamoyee Debi and a daughter by a predeceased wife Rangini. Rangini was married to one Chandra Sekhai Banerjee who resided in the house of his father-in-law. Kritarthamoyee made a gift of all the propertied left by her husband Gagan in favour of Chandra Sekhar by a deed, dated the 4th January, 1866. At that time the next reversioners of her husband's estate were Rangini who, if she survived the widow, would get a woman's estate, and Bishnu Chandra Banerjee who was the daughter's son of Gagan,'s great-grand-father. Rangini died some time after the execution of the deed of gift, and Chandra Sekhar apparently remained in possession of the property. On the 16th December, 1891, Bishnu Chandra along with another person named Surendra Lal Roy Chowdhury execut...
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