Kolkata Court March 1925 Judgments
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Nawab Murtaza Begum Vs. Jogendra Nath Roy and ors.
Court: Kolkata
Decided on: Mar-20-1925
Reported in: 90Ind.Cas.724
Ewart Greaves, J.1. An ex parte decree was passed in a mortgage suit on the 5th December 1923. The suit was decreed in full but the stipulated rate of interest was not allowed from the date of the institution of the suit. After the preliminary decree was signed on the 12th December 1923 and on the same day the petitioner applied under Order IX, Rule 13 to have the matter re-opened. Meantime on the 22nd January 1924 the decree-holders preferred an appeal to this Court with regard to the dismissal of their claim for interest from the date of the institution of the suit. On the 16th July 1924 that appeal was allowed and a decree was passed, so far as is material in these terms: 'It is ordered and decreed that the decree of the lower Courts be and the same is hereby set aside and in lieu thereof it is hereby declared that there is due and owing the sum of Rs. 2,40,429-12-3 on account of principal and so much on account of costs' and interest was allowed as mentioned in the decree. On the 1...
NabIn Chandra Kapali Vs. Gour Mohan Mistiri
Court: Kolkata
Decided on: Mar-20-1925
Reported in: 90Ind.Cas.756
Cuming, J.1. In the suit out of which this appeal arises the plaintiff sued for the recovery of produce rent of a certain parcel of land. The plea of the defendants was that the land no doubt originally belonged to the plaintiff but that by a partition, between the plaintiff and his co-sharers a portion of this land had fallen to a third party and that, therefore, he was not obliged to pay the whole rent claimed. The Trial Court held that this question as to portion of the land being held by a third party was res judicata between the plaintiff and the defendants and decreed the plaintiff's suit in full. The defendants appealed to the District Court and that Court held that there was not sufficient material on the record to identify the land in the present suit with the land in former suit and he remanded the case for a re-trial. The Trial Court accepted the defence and decreed the suit in part. The plaintiff once more appealed to the District Court. The District Court held that the que...
Gobinda Chandra Basak Vs. Parsa Nath Nag Biswas and ors.
Court: Kolkata
Decided on: Mar-20-1925
Reported in: AIR1926Cal231,89Ind.Cas.116
Ewart Greaves, J.1. This is an appeal by the second defendant against a decision of the Additional District Judge of the Second Court of Dacca reversing the decision of the Subordinate Judge of the Fifth Court of the same place. The suit out of which the appeal arises was brought by the plaintiffs to recover money due on mortgage executed by defendant No. 1 in favour of the plaintiffs on the 31st January 1914. Two properties belonging to defendant No. 1 were comprised in the mortgage but we are only concerned for the purposes of this appeal with property No. 1 because no question arises with regard to the charge in respect of property No. 2. On the 25th of January 1912 the first defendant mortgaged property No. 1 to defendant No. 3 to secure an advance of Es. 1,000. Subsequent to this sometime in the year 1912 a money-decree was obtained against defendant No. 1 and in execution of the decree the right of defendant No. 1 was put up for sale. This right of course at this time was an equi...
The Official Trustee of Bengal Vs. W.G. Bowden
Court: Kolkata
Decided on: Mar-20-1925
Reported in: AIR1926Cal624,94Ind.Cas.857
Lancelot Sanderson, C.J.1. This is an appeal from two judgments, the first of which was delivered by my learned brother Mr. Justice Buckland on the 22nd of February 1924, and the second of which was delivered by my learned brother Mr. Justice C. C. Ghose on the 20th of May 1924.2. The suit was brought by the plaintiff, the Official Trustee of Bengal, as Trustee of the Estate of Anna Apcar, on the 5th of December 1923 : and, it was alleged that the defendant had been the lessee under a lease, dated the 20th of November 1919 for a period of four years, the term of which expired on the 30th day of September 1923.3. There was a further allegation that on ' the 13th of August 1923, the plaintiff gave notice to the defendant to quit and vacate the premises on the expiry of the lease, as the premises were required for the use and occupation of one Johannes Apcar, the present sole beneficiary under the trust.4. The plaint alleged that the defendant failed to give possession of the premises and...
NabIn Chandra Kapali Vs. Gour Mohan Mistri and ors.
Court: Kolkata
Decided on: Mar-20-1925
Reported in: AIR1926Cal369
Cuming, J.1. In the suit out of which this appeal arises the plaintiff sued for the recovery of produce rent of a certain parcel of land. The plea of the defendants was that the land no doubt originally 'belonged to the plaintiff but that by a partition between the plaintiff and his cosharers a portion of this land had fallen to a third party and that, therefore, be was not obliged to pay the whole rent claimed. The trial Court held that this question as to portion of the land being held by a third party was res judicata between the plaintiff and the defendants and decreed the plaintiff's suit in full. The defendants appealed to the District Court and that Court held that there was not sufficient material on the record to identify the land in the present suit with the land in former suit and he remanded the case for a re-trial. The trial Court accepted the defence and decreed the suit in part. The plaintiff once more appealed to the District Court. The District Court held that the ques...
Murtaza Begum Vs. Jogendra Nath Roy and ors.
Court: Kolkata
Decided on: Mar-20-1925
Reported in: AIR1926Cal344
Greaves, J.1. An ex-parte decree was passed in a mortgage suit on the 5th December 1923. The suit was decreed in full, but the stipulated rate of interest was not allowed from the date of the institution of the suit. After the preliminary decree was signed on the 12th December 1923 and on the same day the petitioner applied under Order 9, Rule 13 to have the matter re-opened. Meantime on the 22nd January 1924, the decree-holders preferred an appeal to this Court with regard to the dismissal of their claim for interest from the date of the institution of the suit. On the 16th July 1924 that appeal was allowed and a decree was passed, so far as is material in these terms: It is ordered and decreed that the decree of the lower Courts be and the same is hereby set aside and in lieu thereof it is hereby declared that there is due and owing the sum of Rs. 2,40,429-12-3 on account of principal and so much on account of costs' and interest was allowed as mentioned in the decree. On the 1st Nov...
In Re: Attorney
Court: Kolkata
Decided on: Mar-19-1925
Reported in: AIR1925Cal1084
C.C. Ghose, J.1. In this case the applicant, who is a solicitor of this Court, applies under Section 10 of the Letters Patent for an order that the respondent, who is also an attorney of this Court, may be called upon to answer the matters set forth in the application.2. The short facts are as follow: It appears that the applicant attorney has been acting for a Muhammadan lady, Shahebzadi Mahmudi Begum, in the matter of negotiating for and completing mortgages of properties belonging to a certain waqf estate, of which Shahebzadi Mahmudi Begum is the Mutwali, and in carrying out preliminary investigations and other incidental matters connected there with, including the obtaining of necessary orders from Court sanctioning the raising of moneys upon such mortgages. It appears that in August 1923 the mutwali instructed the applicant attorney to negotiate for and complete a mortgage of the waqf estate for a sum of Rs. 1,70,000. It is alleged that the said Mutwali instructed the applicant at...
Peary Lal Mullik Vs. Surendra Nath and ors.
Court: Kolkata
Decided on: Mar-19-1925
Reported in: AIR1925Cal1233
Suhrawardy, J.1. This appeal is by the defendant in a suit brought by the plaintiffs on behalf of the Hindu public of a village called Sukhchar and other neighbouring villages on the banks of the Hughli for a declaration that the public have the right to use a certain ghat and steps for certain purposes. The claim was based upon the use of the ghat from time immemorial and also upon dedication by one Bir Narasingh Dutt, who took a lease of this plot of land from the zamindars. Both the Courts below have agreed in allowing the plaintiffs a modified decree, namely, a declaration that they were entitled to use the ghat for bathing and certain other religious purposes though the property was the private property of the defendant.2. Two points have been raised by the learned advocate for the appellant. The first objection is as to the competency of the suit in the form in which it is brought. The suit is brought under Order 1, Rule 8, Civil P.C. on behalf and for the benefit of the Hindu re...
In Re: an Attorney
Court: Kolkata
Decided on: Mar-19-1925
Reported in: (1925)ILR52Cal795
Ghose, J.1. In this case the applicant, who is a Solicitor of this Court, applies under Section 10 of the Letters Patent for an order that the respondent who is also an attorney of this Court, may be called upon to answer the matters set forth in the application.2. The short facts are as follows:---It appears that the applicant attorney has been acting for a Mahomedan lady, Shahebzadi Mahmudi Begum, in the matter, of negotiating for and completing mortgages of properties belonging to a certain Waqf estate, of which Shahebzadi Mahmudi Begum is the Mutwali, and in carrying out preliminary investigations and other incidental matters connected therewith, including the obtaining of necessary orders from Court sanctioning the raising of moneys upon such mortgages. It appears that in August, 1923, the Mutwali instructed the applicant attorney to negotiate for and complete a mortgage of the Waqf estate for a sum of Rs. 1,70,000. It is alleged that the said Mutwali instructed the applicant atto...
Jabed Ali Talukdar and ors. Vs. Surendra Nath Bandopadhya and ors.
Court: Kolkata
Decided on: Mar-19-1925
Reported in: 90Ind.Cas.333
Ewart Greaves, J.1. This is an appeal under Clause 15 of the Letters Patent from a decision of Mr. Justice Bipin Behary Ghose dated the 31st July 1924. The appeal is by the defendants, Mr. Justice Ghose having reversed the decision of the lower Appellate Court which was in favour of the defendants. The suit was brought for rent of a howla, and the facts are as follows. The respondents who are the plaintiffs in the suit claimed one anna and odd share in a zemindari. In the zemindari there was a Taluq Abdul Kasim and in the taluq there was a howla which was held by the tenant-defendants. As I have already stated the suit was a suit for rent of the plaintiffs' share in howla. The plaintiffs' story was that in the year 1906 they commenced a suit for rent of their share of the taluq, that they obtained a decree in that suit and that in the execution-proceedings they bought one anna odd share of the taluq. The sale was confirmed in the year 1913. Meantime on the 27th September 1909 one Golam...
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