Kolkata Court June 1924 Judgments
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Behari Lal Agwan Vs. Subala Dasi and anr.
Court: Kolkata
Decided on: Jun-05-1924
Reported in: AIR1925Cal1074
1. This appeal is directed against an order of the District Judge of 24 Perganas rejecting the application made by the appellant under O.21, Rule 90, C.P.C., on appeal from the judgment of the Munsif of Basirhat. The facts are rather complicated but it may be sufficient to give a few dates to show the course of this litigation. The opposite party No. 1 obtained a preliminary ex parte decree against the appellant on the 3rd July 1916 which was followed by the final decree on 16th December 1916. The decree was put into execution and the mortgaged property was sold on the 11th April 1917 and purchased by the decree-holder. The sale was confirmed on 'the 14th May and symbolical possession delivered on the 24th June. Shortly after obtaining possession of the property the decree-holder, Respondent No. 1, settled the land under a mourasi mokarari lease with Respondent No. 2 and subsequently a formal registered pottah was executed on the 13th December, 1917. On the 26th February 1920 the appel...
Gopal Chandra Dutt Vs. Surendra Nath Dutt
Court: Kolkata
Decided on: Jun-05-1924
Reported in: AIR1925Cal1004,85Ind.Cas.804
Duval, J.1. This appeal arises out of a suit brought by the plaintiff-appellant against his nephew in respect of a 4-annas share in a certain property. It appears that the whole property in question originally belonged to two brothers, Ram Chandra and Lokenath. Ram Chandra died leaving two sons, Gopal (plaintiff) and Jadu (father of the defendants). Lokenath died leaving a widow, Lakhimoney. After the death of Lokenath, the two reversioners to the estate of Lokenath, viz., Gopal and Jadu, entered into an agreement with the widow on the 25th November, 1890 by which it was declared that Lakhimoney had surrendered her interest in the immovable property, retaining only certain movables and a hub to live in for maintenance; and in return for that Gopal and Jadu took over the whole property of Lokenath. Jadunath died on the 20th April, 1910 and Lakhimoney died on the 19th January, 1916. Thereafter, in 1917, there was a rent suit in which Surendra Nath Dutt sued a certain tenant Kinoo Sardar ...
Sanker Roy Chowdhury and ors. Vs. Secretary of State
Court: Kolkata
Decided on: Jun-04-1924
Reported in: AIR1925Cal346
1. This appeal arises out of a suit (suit No. 81 of 1915) which was one for declaration that the lands in dispute, 784 acres, which Government formed into a Deera Estate No. 1503 with a revenue of Rs. 5,681-was part of the plaintiff's permanently settled estate Chur Alokdya Touji No. 1071 (present Touji No. 174) held at a fixed revenue, that Government had no right to assess the lands in dispute with revenue and for other reliefs. The disputed lands are shown in the case map in 2 Blocks, the northern is called Ka and the southern Kha, both being coloured yellow. The proceedings which immediately led up to the institution of the present suit are the following.2. The Assistant Deera Survey Superintendent found that certain newly formed lands were not included in the settlement of the estate Alokdia which was sold in 1863 to the predecessor-in-title of the plaintiffs. The plaintiffs objected to the Deera proceedings, but those objections were rejected and the proceedings were forwarded to...
Kumar Sankar Roy Chowdhury and ors. Vs. the Secretary of State for Ind ...
Court: Kolkata
Decided on: Jun-04-1924
Reported in: 84Ind.Cas.478
1. This appeal arises out of a suit (Suit. No. 81 of 1915) which was one for declaration that the lands in dispute, 784 acres, which Government formed into a Deara Estate No. 1503 with a revenue of Rs. 5,681--was part of the plaintiffs. permanently settled estate Char Aiokdia, Touzi No. 1071 (present Touzi No. 174) held at a fixed revenue, that Government had no right to assess the lands in disputes with revenue and for other reliefs. The disputed lands are shown in the case map in two blocks, the northern is called Ka and the southern Kha, both being coloured yellow. The proceedings which immediately led up to the institution of the present suit are the following.2. The Assistant Deara Survey Superintendent found that certain newly formed lands Were not included in the settlement of the estate Alokdia which was sold in 1863 to the predecessor-in-title of the plaintiffs. The plaintiffs objected to the Deara proceedings, but those objections were rejected and the proceedings were forwar...
Brojendra Nath Mukerjee Vs. Jadunath Palta and ors.
Court: Kolkata
Decided on: Jun-02-1924
Reported in: AIR1925Cal293
Suhrawardy, J.1. This appeal arises out of an order of the Subordinate Judge of 24-Parganas refusing to set aside a sale held under the following circumstances: in execution of a rent decree brought by Jagal Chandra Mondal and others in respect of a holding of 500 bighas of land the rent of which was Rs. 1,000 the tenure Was put to sale and purchased by one Aghore Nath Palta on the 16th June, 1920. The present appellant Brojendra Nath Mukerjee held 50 bighas out of the 500 bighas under the judgment debtors. After the sale was held on the 29th March, 1921 the present appellant Brojendra Nath Mukerjee made an application in M. A. No. 29 of 1921 before the Subordinate Judge asking to have the sale set aside on the ground of irregularity and fraud and further alleging that the auction-purchasers Aghore Nath Palta is the son of judgment-debtor No. 2 and is really no more than a benamidar. He also stated that the value of the property was Rs. 10,000 and that the tenure was sold at an inadequ...
Jinnatennessa and ors. Vs. Abdul Halim Munshi and ors.
Court: Kolkata
Decided on: Jun-02-1924
Reported in: AIR1925Cal469
1. This is an appeal by the plaintiffs against a decision of the District Judge of Tipperah affirming a decision of the Subordinate Judge at Comilla. The suit out of which this appeal arises is a suit by the plaintiffs to have their title declared to a 4-anna share in certain land. Plaintiff No. 1 claims as a daughter of one Safurruddi and the other plaintiffs claim as heirs of another daughter of Safaruddi who died leaving him surviving three sons entitled to 12-anna share in such land as he left, and two daughters entitled to the remaining 4 anna share of this land. As regards the lands in schedule ka and kha the first Court has found that they have been conveyed away by the three sons of Safaruddi. As regards the lands in schedule ga, gha and una the Court found that there was no document showing assertion of exclusive title but that inasmuch as these lands were held by the brothers in the same right as the lands which they had conveyed they must have asserted exclusive title to all...
Kayem Biswas Vs. Bahadur Khan and ors.
Court: Kolkata
Decided on: Jun-02-1924
Reported in: AIR1925Cal1258
1. This appeal is against the judgment and decree of the Additional District Judge of Khulna, reversing a decision of the Munsif of the Additional Court at Khulna and remanding the case for fresh decision in accordance with certain instructions given in the judgment of the lower appellate Court.2. The Defendant No. 1, Kayem Biswas now appellant, brought a suit in the year 1915 against the plaintiffs-respondents for recovery of possession of certain lands on establishment of title; and obtained an ex-parte decree. The plaintiffs then filed the present suit to set aside the sale decree as fraudulent and without jurisdiction, and for a confirmation of their title to the land, and for other consequential reliefs. A number of issues were framed upon the pleadings, one of which, No. 8, was in the following terms:Is the decree in Title Suit No. 343 of 1915 fraudulent and without jurisdiction as alleged? Is it liable to be set aside3. The Munsif found upon this issue that no fraud had been est...
Srimati Jinnatennessa and ors. Vs. Abdul Halim Munshi and ors.
Court: Kolkata
Decided on: Jun-02-1924
Reported in: 82Ind.Cas.822
1. This, is an appeal by the plaintiffs against a decision of the District Judge of Tipperah affirming a decision of the Subordinate Judge at; Comilla. The suit out of which this appeal arises is a suit by the plaintiffs to have their title declared to a 4-anna share in certain land. Plaintiff No. 1 claims as a daughter of one Safaruddi and the other plaintiffs claim as heirs of another daughter of Safaruddi who died leaving him surviving three sons entitled to 12-anna share in such land as he left, and two daughters entitled to the remaining 4-anna share of; this land.. As regards the lands in schedule ka and kha the First Court has found that they have been conveyed away by the three sons of, Safaruddi. As regards the lands in schedules ga gha and una the Court found that there was no document showing assertion of exclusive title but that inasmuch as these lands ware held by the brothers in the same right as the lands which they had conveyed they must have * asserted exclusive title ...
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