Kolkata Court April 1925 Judgments
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Srimati Samserannessa Vs. Abdus Samad
Court: Kolkata
Decided on: Apr-07-1925
Reported in: AIR1926Cal1144
Pearson, J.1. These are two appeals from a decision of the learned District Judge of Noakhali, affirming a decree of the learned Munsif of Feni, dated the 23rd August 1923. The appeals relate to two suits in which the parties were at one time the husband and wife. It appears that the marriage between the parties took place on or about the 7th. January, 1918 at which time a Kabinnamah was executed by the husband in favour of the wife and was registered. Under the Kabinnamah the husband delegated to his wife the power to exercise the right of divorce in her own favour under certain conditions. One of those conditions was that the husband would not by his conduct give his wife or her parents or relative pain in mind. The married life of the parties was apparently of short duration; for it appears that in the month of October 1918 the wife left her husband and returned to her father's house. Therefore, the husband took action in the form of instituting criminal proceedings against the wife...
In Re: Bhubaneswur Trigunait and ors.
Court: Kolkata
Decided on: Apr-06-1925
Reported in: AIR1925Cal1201
Rankin, J.1. This is an appeal from an order, dated 2nd February 1925, by which an application for Letters of Administration has been dismissed. The deceased Bhubaneswar Trigunait, a Hindu governed by the Mitakshara School of Hindu Law, died intestate on the 22nd August 1924. The applicants are his younger brother and his two sons. The deceased at the time of his death was a member and the karta of a joint Hindu family consisting of himself and the present applicants. In May 1924 a sum exceeding two lakhs of rupees was received in respect of a joint ancestral colliery and the deceased opened a current account in his own individual name with the Calcutta branch of the Allahabad Bank, Limited and paid the said sum to the credit of that account. At the date of his death there was a sum of Rs. 39,261 at credit in the said account.2. The applicants allege that the Bank have refused to pay this sum unless Letters of Administration or a succession certificate are obtained, on the ground that ...
Shyamballav Saha Alias Shyamlal Saha Vs. Brojendra Lal Poddar
Court: Kolkata
Decided on: Apr-06-1925
Reported in: AIR1925Cal1250
1. In this case the sale of the property in dispute was confirmed on the 26th March 1918 and the application for delivery of possession was made on the 20th December 1922. Possession was delivered on the 27th January 1923 and on the 20th February 1923 the Court received the dakhalnama and dismissed the execution case presumably on satisfaction. On the 26th February 1923 the judgment-debtors filed an application in which they prayed that the present application for execution of decree on the ground of limitation and illegality be rejected and possession be not 'confirmed.' The Court, finding that the application for delivery of possession was made three years after the sale became absolute, held that the application for delivery of possession was barred under Article 180 of the Limitation Act and made the following order. 'The order of delivery of possession is set aside.' The decree-holder who is the auction-purchaser has appealed and the first ground taken by him is that the applicati...
In Re: Bhubaneswar Trigunait
Court: Kolkata
Decided on: Apr-06-1925
Reported in: (1925)ILR52Cal871
Rankin, J.1. This is an appeal from an order, dated 2nd February 1925, by which an application for Letters of Administration has been dismissed. The deceased Bhubaneswar Trigunait, a Hindu governed by the Mitakshara School of Hindu Law, died intestate on the 22nd August 1924. The applicants are his younger brother and his two sons. The deceased at the time of his death was a member and the karta of a joint Hindu family consisting of himself and the present applicants. In May 1921 a sum exceeding two lacs of rupees was received in respect of a joint ancestral colliery and the deceased opened a current account in his own individual name with the Calcutta Branch of the Allahabad Bank, Limited, and paid the said sum to the credit of that account. At the date of his death there was a sum of Rs. 39,261 at credit in the said account.2. The applicants allege that the Bank have refused to pay this sum unless Letters of Administration or a Succession Certificate are obtained, oil the ground that...
Ambika Charan Bhakta Vs. Ram Prosad Chatterjee and ors.
Court: Kolkata
Decided on: Apr-06-1925
Reported in: 90Ind.Cas.575
1. This case raises all interesting question which does not seem to have come up for consideration before. The facts are that the plaintiff-respondents obtained a rent decree against the heirs of the tenant Gaganeswar Mondal and in execution of that decree purchased and took possession of the holding in suit. The defendants thereupon alleging dispossession made an application under Order XXI, Rule 100, C.P.C., for restoration of possession. On the 26th June 1917 order was passed in their favour under Order XXI, Rule 101. The plaintiffs instituted the present suit in May 1920. It is accordingly maintained by the appellants that the suit is barred under Article 11-A of the Limitation Act, having been brought more than a year after the order under Order XXI, Rule 101 was passed. The Trial Court gave effect to this contention but the learned District Judge held that the plaintiffs' suit is not barred under the above Article of the Limitation Act. In this appeal the appellants argue on the ...
In Re: Bhubaneswar Trigunait and ors.
Court: Kolkata
Decided on: Apr-06-1925
Reported in: 95Ind.Cas.529
Rankin, J.1. This is an appeal from an order dated 2nd February 1925 by which an application for Letters of Administration has been dismissed. The deceased Bhubaneswar Trigunait, a Hindu governed by the Mitakshara School of Hindu Law, died intestate on the 22nd August 1924. The applicants are his younger brother and his two sons. The deceased at the time of his death was a member and the karta of a joint Hindu family consisting of himself and the present applicants. In May 1924 a sum exceeding two lacs of rupees was received in respect of a joint ancestral colliery and the deceased opened a current account in his own individual name with the Calcutta branch of the Allahabad Bank, Limited, and paid the said sum to the credit of that account. At the date of his death there was a sum of Rs. 39,261 at credit in the said account.2. The applicants allege that the Bank have refused to pay this sum unless Letters of Administration or a Succession Certificate-are obtained, on the ground that th...
Abdul Majid and ors. Vs. Kulsam Bibi and ors.
Court: Kolkata
Decided on: Apr-03-1925
Reported in: AIR1925Cal1146
Pearson, J.1. This is an appeal from a decision of the Subordinate Judge of Tipperah, varying a judgment and decree of the 2nd Munsif of Nabinagar, dated the 2nd September 1921. It appears that the plaintiffs and the defendant were coil tenants of a holding Rent having fallen into arrears the landlord brought a suit against them for rent for part of the year 1392 and for the years 1323 and 1324 and obtained a decree. The plaintiffs made the necessary payment to save the holding from being brought to sale, and in this suit they claimed against the defendant for contribution in respect of the amount so paid.2. Before us it is not contended that the defendant is not liable to this contribution, but it is argued that for certain other payments made by the defendant to the land- lord in respect of the rent for the previous years that defendant is entitled to get credit by way of set-off in this suit of the amount which he would have been entitled to claim from the plaintiffs by way of contr...
Gopi Mohan Mazumdar and anr. Vs. Nawab Bahadur of Murshidabad
Court: Kolkata
Decided on: Apr-02-1925
Reported in: AIR1925Cal954
Greaves, J.1. This is an appeal by the defendants against a decision of the District Judge of Murshidabad, affirming a decision of the Assistant Settlement Officer of Rajshahi. The plaintiff, the landlord, claimed enhancement of rent. Defendants pleaded that the jama was mourashi mokarari and that therefore there could be no enhancement Both the Courts below have found that the jama was created after the Permanent settlement, The lower Appellate Court seems to have thought that once this was established, the fact that no presumption therefore arose under Section 50 of the Tenancy Act disposed of the case. In our opinion, this is not so. It is true that even if the tenure had been held for a long period at the same rate of rent), no 'presumption as to its permanency could arise, if, as has been found, the tenure was created alter the permanent settlement. But even so, it is open to the defendants who are sued for enhancement [of rent to establish on the evidence that [there was a contra...
Baikuntha Nath Chakravarti and ors. Vs. Uma Nath Chakravarti and ors.
Court: Kolkata
Decided on: Apr-02-1925
Reported in: AIR1925Cal1149
Cuming, J.1. In the suit out of which this appeal has arisen the plaintiffs sued for partition of some 11 plots of land. The plaintiffs' allegation was that out of 11 plots of land Plots Nos. 1 to 4 had already been partitioned, and of these plots. Plots Nos. 1 to 3 had fallen to the share of defendant No. 9, Mahim, and Plot No. 4 to Defendants Nos. 1 to 3 and the remaining Plots Nos. 6 to 11 were held joint as between Defendants Nos. 1 to 9. The plaintiffs had purchased the share of Defendant No. 9 in the property by a kobala dated, 21st Sraban 1323 and on this allegation he asked for partition of the property. The first Court dismissed the plaintiffs' suit holding that they bad no title or possession in the property in dispute and this finding was upheld on appeal in the District Court. The plaintiff have now appealed to this Court and their contention is that certain documents, namely, a genealogy, jama-kharach and collection papers, which he had desired to be produced by Defendant ...
Raj Kristo Ghose Vs. Bata Kristo Ghose
Court: Kolkata
Decided on: Apr-02-1925
Reported in: 90Ind.Cas.114
1. This appeal arises out of a suit brought by the plaintiff for recovery of possession of certain lands on the allegations that he let out these lands to the defendant for a period of nine years and the defendant executed a kabuliyat on the 23th June 1905. This suit was brought after the expiry of the term of the lease after notice to quit was served upon the defendant. The defence of the defendant was that he never executed the kabuliyat and that the plaintiff was a niskardar, therefore he was a tenant under him and that, therefore, the defendant was a raiyat and as such was not liable to ejectment after the expiry of the term of the lease.2. The Court of first instance found that the defendant did execute the kabuliyat and the lands were garden lands and let out to the defendant not as a raiyat, and as the term of the lease had expired he gave a decree for possession to the plaintiff.3. On appeal by the defendant there was a remand by the lower Appellate Court and on a second appeal...
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