Kolkata Court February 1924 Judgments
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In Re: Avis Mary Kathleen Goulding
Court: Kolkata
Decided on: Feb-25-1924
Reported in: AIR1924Cal781
Sanderson, C.J.1. This is an application by the Respondent, Avis Mary Kathleen Goulding, who is the wife of the Appellant, that the Appellant do furnish security for the costs of the appeal to the satisfaction of the Registrar of this Court and that until such security is furnished all proceedings in this appeal be stayed.2. It appears that an order was made by a learned Judge sitting on the Original Side of this Court that Mrs. Goulding should be the guardian of her infant daughter Lydia Barbara Goulding who is aged about 6J years. The Appellant, the father of the infant has appealed to this Court against that decision.3. The petition, which has been filed by the Respondent, states that the Appellant resides in England, and is outside the jurisdiction of the Court and that he has no immovable or other property in British India. No affidavit has been filed in reply and the learned Counsel, who has appeared for the Appellant, has stated that he is not in a position to deny the allegatio...
Uma Charan Chakravarti Vs. Guiram Bag
Court: Kolkata
Decided on: Feb-25-1924
Reported in: AIR1924Cal1008,83Ind.Cas.1040
Walmsley, J.1. This appeal is preferred by the defendant. He bought a share in a holding, which belonged to two brothers, Soshi Bhusan Bag and Guiram Bag, by a conveyance executed on Sraban 17, 1316. Soshi was an adult at the time, and he does not deny execution. For Guiram the conveyance was executed by his mother, his natural guardian. Guiram is the plaintiff and his case is that in Sraban of 1316 he was an adult, and his first prayer was for a declaration that the conveyance did not affect his interest, and for an injunction restraining the defendant from disturbing his possession. In the alternative he asked for the cancellation of the document on the grounds that there was no necessity for the sale and that the sale was not for his benefit.2. The first Court found that the plaintiff was an adult in Sraban 1316 and decreed the suit in the terms of the first prayer. On appeal the learned Judge came to a different conclusion as to the plaintiff's age and then proceeded to deal with t...
indra Bhusan Saha and ors. Vs. Janardan Saha and anr.
Court: Kolkata
Decided on: Feb-25-1924
Reported in: AIR1924Cal1071,82Ind.Cas.104
1. In this appeal the, question raised is whether the plaintiffs' suit is barred by limitation under Article 3 of Schedule III of the Bengal Tenancy Act. Both the Courts below decreed the plaintiffs' suit for recovery of possession of the property in dispute and the defendants have preferred the present appeal. The decree passed by the lower Appellate Court is supported by the finding arrived at by that Court to the effect that the tenancy was neither an occupancy nor an under raiyati one. The learned Judge therefore finds that Article 3, Schedule III. Bengal Tenancy Act does not apply in this case. This finding virtually makes the status of the defendants that of a tenure-holder. The controversy between the parties centred round the question whether the defendants' interest in the land was that of an occupancy raiyat or of a tenure-holder. The plaintiff's are the tenants of the defendants' tenant. Their case^ is that the defendants are the landlords of their landlord. The questions, t...
In Re: A.M.K. Goulding
Court: Kolkata
Decided on: Feb-25-1924
Reported in: (1924)ILR51Cal695
Sanderson, C.J.1. This is an application by the respondent, Avis Mary Kathleen Goulding, who is the wife of the appellant, that the appellant do furnish security for the costs of the appeal to the satisfaction of the Registrar of this Court and that until such security is furnished all proceedings in this appeal be stayed.2. It appears that an order was made by a learned Judge sitting on the Original Side of this Court that Mrs. Goulding should be the guardian of her infant daughter, Lydia Barbara Goulding, who is aged about 6 1/2 years. The appellant, the father of the infant, has appealed to this Court against that decision.3. The petition, which has been filed by the respondent, states that the appellant resides in England, and is outside the jurisdiction of this Court and that he has no immoveable or other property in British India. No affidavit has been filed in reply and the learned Counsel, who has appeared for the appellant, has stated that he is not in a position to deny the a...
Suresh Chandra Mukerjee Vs. Shiti Kanta Banerjee and ors.
Court: Kolkata
Decided on: Feb-22-1924
Reported in: AIR1924Cal855
Newbould, J.1. The plaintiff brought the suit out of which this appeal arises for declaration of his title and also recovery of possession of about 1,000 bighas of land. He succeeded in obtaining a decree for a part only of the land claimed and appealed to this Court. His appeal was heard by a Divisional Bench of this Court consisting of Woodroffe and Cuming, JJ. There was a difference of opinion. Woodroffe, J., holding that the appeal should be dismissed while Cuming, J., was in favour of allowing the appeal in part. They held that as there was a difference of opinion and there was no majority varying or reversing the decree appealed from, the appeal should be dismissed. Against this decision the Plaintiff has porferred an appeal under Clause 15 of the Letters Patent. A preliminary objection has been taken that no appeal lies. This objection we overruled at the commencement of the hearing of the appeal. Though we accept the contention of the learned vakil for the Respondents that the ...
Mahimjan Bibi Vs. Mir Rahim Ali and ors.
Court: Kolkata
Decided on: Feb-22-1924
Reported in: AIR1925Cal435,79Ind.Cas.360
1. This is an appeal by the plaintiff in a suit for a declaration that the mortgage by defendant No. 2 of the properties in suit to defendant No. 1 is void and not enforceable against Waqf estate, of which defendant No. 2 is the Mutwalli. One Kamal Sharif executed a Wakfnama on the 4th November, 1892, and appointed his two sons by his two wives as Mutwallis in respect of his Waqf properties which were divided into two parts, each Mutwalli holding one half. The defendant No. 2 was thus the Mutwalli of one half of the Waqf properties in which the plaintiff and some other defendants were beneficiaries. Defendant No. 2 mortgaged the Waqf properties to one Sasi on the 11th August, 1906. On the 31st May, 1911, he mortgaged the same properties to one Kazi and out of the consideration for this mortgage he liquidated the first mortgage. On the 13th February, 1914 he mortgaged, the Waqf properties for the third time for Rs. 3,000 to defendant No. 1 and paid off the second mortgage. It is beyond ...
Suresh Chandra Mukherjee Vs. Shiti Kanta Banerjee
Court: Kolkata
Decided on: Feb-22-1924
Reported in: (1924)ILR51Cal669
Newbould, J.1. The plaintiff brought the suit out of which this appeal arises for declaration of his title and also recovery of possession of about 1,000 bighas of land. He succeeded in obtaining a decree for a part only of the laud claimed and appealed to this Court. His appeal was heard by a Divisional Bench of this Court consisting of Woodroffe and Cuming JJ. There was a difference of opinion, Woodroffe J. holding that the appeal should be dismissed while Cuming J. was in favour of allowing the appeal in part. They held that as there was a difference of opinion and there was no majority varying or reversing the decree appealed from, the appeal should be dismissed. Against this decision the plaintiff has preferred an appeal under Section 15 of the Letters Patent. A preliminary objection has been taken that no appeal lies. This objection we overruled at the commencement of the hearing of the appeal. Though we accept the contention of the learned Vakil for the respondents that the deci...
Kamal Krishna Kundu Chowdhury Vs. Chattoorbhuj Dassa and ors.
Court: Kolkata
Decided on: Feb-21-1924
Reported in: AIR1925Cal324
1. This appeal arises out of a suit for specific performance of a contract for sale of a garden called the ' Kundu' garden at Howrah. An agreement was entered into on the 10th June, 1919, between the plaintiff (the vendee) now represented by the Official Assignee, and the defendant and the terms of the contract are embodied in the receipt executed by the defendant (the vendor) which runs thus:Received from Babu Chaturbhuj Dosa the sum of Rs. 2,001 (rupees two thousand and one) only as earnest-money and in part payment of purchase-money in respect of my 22 bighas of land including land covered by water more or less at Salkea on Grand Trunk Road known as ' Kundu Bagan ' which I have agreed to sell and he has agreed to purchase free from all incumbrances but subject to approval of title by his solicitors Messrs. Khaitan & Co. at the rate of Rs. 150 (one hundred and fifty) per cottah. I have agreed that all necessary parties will join in the conveyance and that the sale will be completed w...
Chandi Churan Law Vs. Hamid Ali and ors.
Court: Kolkata
Decided on: Feb-21-1924
Reported in: AIR1925Cal1208,85Ind.Cas.692
1. This is as appeal by the plaintiff in a rent suit. The defendant claimed abatement and this was granted by both the Courts below. The Munsiff allowed a reduction of 4 annas from the amount of the annual rent and the Subordinate Judge granted a total reduction of Re. 1-14-9. The learned Judge pointed out in the course of his judgment that the onus of proving that he was entitled to abatement was upon the defendant and that what he was required no prove was firstly the area on which the present rent was assessed, and secondly, the area now in his possession. Both these facts were established by the plaint itself, so it was open to the defendant to avail him self of the admission therein made. In para. 2 of the plaint it was stated that the rent was assessed on a reputed area of 4 kani 11/2 gds, while in the schedule it was said that the present area was 3 kani 13 grounds and 2 kags. It therefore, followed that the defendant was on these admissions entitled to abatement as indicated ab...
Tarak Chandra Chuckerbutty and anr. Vs. Prasanna Kumar Saha
Court: Kolkata
Decided on: Feb-20-1924
Reported in: AIR1924Cal654
Walmsley, J.1. This appeal is preferred by the defendants. They are the owners of a sikmi taluk named Kashi Chandra Chakerbarty, and in the record-of-rights recently published the rent of the taluk was stated to be not liable to enhancement. The landlord, however, challenged the accuracy of this entry and made an application before the Settlement Officer for enhancement of the rent under the provisions of Section 7 of the Bengal Tenancy Act. The Settlement Officer found that the landlord had failed to rebut the presumptions arising from the entry in the record-of-rights and from payment of an unvarying rent for 20 years and dismissed the application. The landlord appealed and the learned Judge reversed the decision of the first Court : he based his finding on two pieces of evidence, first, the absence of the taluk in a return submitted by the zemindar in 1242 B.S. and second, the name of the taluk, the name being that of the father of the appellants.2. So far as the zemindar's return i...
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