Kolkata Court May 1924 Judgments
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Sarat Chandra Ghose, Common Manager to the Estate of Beni Lal Chukerbu ...
Court: Kolkata
Decided on: May-22-1924
Reported in: 82Ind.Cas.327
1. This appeal is directed against the judgment of the Additional Subordinate Judge of Backergunj confirming an order of the Munsif, Second Court, Patuakhali, dismissing an application for setting aside a sale.2. The only point which has been urged before us on behalf of the appellant is that, inasmuch as the decree-holders did not obtain the previous sanction of the District Judge to execute the decree against the Common Manager, the sale held in execution thereof was a nullity, it being contended that the powers of a Common Manager are analogous to those of a Receiver and that the same procedure applies. This argument was advanced in the Courts below and was, we think, rightly rejected. Sections 93 to 100 of the Bengal Tenancy Act relate to the appointment of Common Manager, and there is no provision which requires the previous sanction of the District Judge to be obtained to bring a suit for rent against a Common Manager or to execute a decree obtained in such suit. If it had been t...
Pramatha Nath Mullick Vs. the Secretary of State for India in Council
Court: Kolkata
Decided on: May-22-1924
Reported in: 82Ind.Cas.3
Pearson, J.1. In these applications it is sought to set aside an order of the Land Acquisition Judge refusing to enter upon an enquiry as to the area and measurement of the land acquired. 2. The declaration was published in August 1920 and objections were put in by the claimant before the Collector in january 1921. In April 1921 the claimant filed a petition, after the Collector had made his award, asking for a reference to the Judge upon the specific ground' for determination of the proper compensation and valuation for the lands acquired.' The reference was made accordingly. In April 1924 the petitioner put in a further application before the Judge raising an objection as to the area of the land acquired and asking that either Government should be called upon to admit the area or a local enquiry should be held. This application was refused by the learned Judge, and thereupon the present rules were obtained.3. It has been contended on behalf of the applicant that once a reference has ...
Bhola Nath Seal Vs. Bhuthnath Sen and anr.
Court: Kolkata
Decided on: May-21-1924
Reported in: AIR1925Cal239,84Ind.Cas.490
Sanderson, C.J.1. This is an appeal by the defendant Bhola Nath Seal against the judgment of my learned brother, Mr. Justice Page, who gave judgment for the plaintiffs.2. The suit was brought in the first instance by Sreemutty Khettermony Dassee the widow of Hurry Churn Seal and, upon her death, Bhuthnath San and Preo Nath Sen, the executors of the last will and testament of Sm. Khettermony Dassee, were substituted as plaintiffs.3. The prayers in the plaint are that a certain deed, dated the 19th of September, 1916 should be cancelled, that the defendant should be directed to convey to the plaintiffs certain premises, namely, 73-A, Baranashi Ghose's Street and 6T, Hidaram Banerjee's Lane, that the defendant should be directed to pay to the plaintiffs the sums he received on account of the profit and interest on certain Government promissory notes which by fraud and misrepresentation he induced the original plaintiff to endorse to him and there is a claim for an account and for a direct...
Tilokechand Surana and anr. Vs. J.B. Beattie and Co.
Court: Kolkata
Decided on: May-19-1924
Reported in: AIR1927Cal270,91Ind.Cas.113
Page, J.1. This case raises an important question as to the rights of a mortgagee of premises which at the time when the mortgage was executed were in the occupation of a tenant of the mortgagor. The material facts are as follows:In 1907 two persons by name Hyam and Jones, who at that time were the owners of the premises in suit, No. 3-1 Mangoe Lane, let a portion thereof to the defendants as monthly tenants at the rent of Rs. 150 a month. On the 13th July 1914 Hyam and Jones mortgaged certain premises, including the premiss in suit to M.A. Sassoon and others. On the 13th January 1917 the mortgagees filed a mortgage suit against Hyam and Jones for an order for the sale of the mortgaged premises. On the 16th March 1917 M.A. Sassoon, one of the mortgagees, was appointed receiver of the said premises by order of the Court. On the 17th July 1917 a preliminary decree for sale was passed.2. Now, Hyam was accustomed to make out the defendant's rent bills, and to obtain the rent up till the ti...
Krishna Charan Mondal Vs. Chinibasi Mondal and ors.
Court: Kolkata
Decided on: May-19-1924
Reported in: AIR1925Cal269
1. This appeal relates to an order of the Second Additional District Judge of Dacca, passed on the 9th June, 1922. On that date it appears that the present appellant had an appeal and a cross-appeal pending in that Court and when the appeals were called on he was absent. The result was that the appeal was dismissed for default and the cross-appeal was decreed ex parte. On the same day an application was made to re-admit the appeal upon which the application was rejected summarily, the learned Judge noting at the time that he had gone to the length of sending a peon to the Bar library to find the pleader, but neither the pleader nor the client could be found. We think that in these cases the best course to adopt, and the shortest in the end, is to treat the application as miscellaneous matter and to give the applicant an opportunity to show that he was prevented by any sufficient cause from being pre sent when the appeal was called on so as to comply with the provisions of Order 41, Rul...
Radha Kanta Das Vs. Pankojini Devi
Court: Kolkata
Decided on: May-19-1924
Reported in: AIR1925Cal315,80Ind.Cas.682
Pearson, J.1. This is a rule calling upon the opposite party to show cause why the order of the Kent Controller should not be set aside. The Rent Controller held that the contract of tenancy was void as the house was let out for immoral purpose and the Rent Act did not apply.2. It has bean argued by the learned Vakil appearing for the petitioner that the mere fact that the tenanted house is occupied by prostitutes as sub-lessees does not necessarily affect the validity of the contract between the landlord and tenant. With that I agree. There is a finding, however, on the part of the Rent Controller from which it appears that he is quite satisfied that it has been established that the premises have long been used as a brothel and are so still, that there are other brothels in the neighbourhood and that the premises were let out to the applicant for the purpose of continuing the brothel there, the applicant's mother being according to the finding, herself an elderly prostitute or bari wa...
Sreeram Chunder Basu and anr. Vs. Nagendra Nath Banerjee and ors.
Court: Kolkata
Decided on: May-19-1924
Reported in: AIR1925Cal417
Chakravarti, J.1. This is an appeal on behalf of defendants Nos. 1 and 3 and arises out of a suit brought by the plaintiffs for recovery of certain land. Both the first and the lower Appellate Courts have given a decree in favour of the plaintiffs. The facts necessary for the determination of this appeal are shortly these. The plaintiffs claim to be occupancy raiyats with reference to the land in suit. The defendants who are called, for the sake of brevity, Koles wore under-raiyats under the plaintiffs. The under-raiyats sold their interest to defendants Nos. 1 and 3. The defence of the defendants was so far as it appears from the judgments of the Courts below and the issues which have been read to us, that the Koles were not under-raiyats and also that the Koles had a transferable right in the land and that they had not abandoned their rights. It appears that although the defendants had entered appearance and issues were raised, ultimately at the trial, they did not appear on the grou...
Bhart Chandra Dhupi Vs. Hari Krishna Patari
Court: Kolkata
Decided on: May-19-1924
Reported in: AIR1925Cal395
Greaves, J.1. This is an appeal by the defendant against a decision of the District Judge of Noakhali, reversing a decision of the Munsif. The suit out of which this appeal arises was brought to recover rent from the defendant. The suit was Valued at Rs. 79-13 annas.2. A preliminary objection was taken before us that having regard to the provisions of Section 153 of the Bengal Tenancy Act, no appeal lies as the value is below Rs. 100. It was urged before us on behalf of the appellant that the preliminary objection is not well founded and we have been referred to the case of Sudhanya Santra v. Basanto Kumar Sirkar A.I.R. 1922 Cal. 417 as an answer to the preliminary objection. It seems to us that the case does not help the appellant. Section 153 is clearly a bur to the present appeal unless it can be shown that a question arose in the suit as to the amount of rent. We cannot find that this was so, for a reference to the issues raised in the first Court shows that the only issues raised ...
Sreeram Chunder Basu and anr. Vs. Nagendra Nath Chatterjee and ors. an ...
Court: Kolkata
Decided on: May-19-1924
Reported in: 82Ind.Cas.958
Chakravarti, J.1. This is an appeal on behalf of defendants Nos. 1 and 3 and arises out of a suit brought by the plaintiffs for recovery of certain land Both the first and the lower Appellate Courts have given a decree in favour of the plaintiffs. The facts necessary for the determination of this appeal are shortly these. The plaintiffs claim to be occupancy raiyats with reference to the land in suit. The defendants who are called, for the sake of brevity, Koles were under-raiyats under the plaintiffs. The under-raiyats sold their interest to defendants Nos. 1 and 3. The defence of the defendants was so far as it appears from the judgments of the Courts below and the issues which have been read to us, that the Koles were not under-raiyats and also that the Koles had a transferable right in the land and that they had not abandoned their rights. It appears that although the defendants had entered appearance and issues were raised, ultimately at the trial, they did not appear on the groun...
Radha Kanta Das Vs. Pankajini Devi
Court: Kolkata
Decided on: May-19-1924
Reported in: (1924)ILR51Cal1005
Pearson, J.1. This is a Rule calling upon the opposite party to show cause why the order of the Rent Controller should not be set aside. The Rent Controller held that the contract of tenancy was void as the house was let out for immoral purpose and the Rent Act did not apply.2. It has boon argued by the learned vakil appearing for the petitioner that the mere fact that the tenanted house is occupied by prostitutes as sublessees does not necessarily affect the validity of the contract between the landlord and the tenant. With that I agree. There is a finding, however, on the part of the Rent Controller from which it appears that he is quite satisfied that it has been established that the premises have long been used as a brothel and are so still, that there are other brothels in the neighbourhood and the premises were let oat to the applicant for the purpose of continuing the brothel there, the applicant's mother being, according to the finding, herself an elderly prostitute or bariwall...
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