Kolkata Court May 1925 Judgments
Birendra Nath Basu Thakur and anr. Vs. Basanta Kumar Basu Thakur and o ...
Court: Kolkata
Decided on: May-28-1925
Reported in: 91Ind.Cas.624
Hugh Walmsley, J.1. This appeal is preferred by the plaintiffs. They are Sirendra Nath and Surendra Nath, Basu Thakur, members of the Malkhanagar Basu family. The principal defendants, and most of the pro forma defendants belong to the same family.2. The none of contention is the Taltola hat and bazaar, an old established hat of considerable repute. It was held on land belonging to the Basu family, on the bank of the Dhaleswari River. Its site had to be changed from 'time to time' owing to the action of the river, but all went well until the only available site was on land not in the possession of any members of the Basu family. This untoward event happened in the latter part of 1916. The site to which the hat had to be removed was on some land belonging to a Mussal man family, and held by it as chirdgi; lakhiraj. Relations were at the time strained between the plaintiffs and the principal defendants, and each side endeavoured, to defeat the other. Various members of; the Mussalman fam...
Tag this Judgment!Nagendra Nath Addy and anr. Vs. the Commissioner of the Presidency Div ...
Court: Kolkata
Decided on: May-27-1925
Reported in: 91Ind.Cas.722
1. These two appeals arise out of two suits brought by certain persons who claim that they are the duly elected Municipal Commissioners for the Berhampore and Khagra Wards of the Berhampore Municipality. In one suit the plaintiffs claim to have been legally elected to represent the Berhampore Ward and in the other suit the plaintiffs made a similar claim in respect of the Khagra Ward, It appears that the elections took place on the 3rd September 1924. There were 11 candidates standing for the 5 vacancies in the Berhampore Ward and 14 candidates for the 4 vacancies in the Khagra Ward. After the polling commenced, 4 candidates from the Khagra Ward withdrew during the hours within which voters were admitted into the polling station. The time at which the doors were closed against every voter entering into the place for voting was 6 o'clock; and under Rule 17-A the polling had to go on until all the voters in the polling station had recorded their votes, Shortly after 6 o'clock, apparently...
Tag this Judgment!Srimati Jasoda Sundari Choudhurani Alias Provabati Choudhurani Vs. Lal ...
Court: Kolkata
Decided on: May-27-1925
Reported in: 91Ind.Cas.681
Mukerji, J.1. These three appeals arise out of three suits for rent wherein the plaintiff claims 8 annas share of rent due for three holdings making the tenants principal defendants and the other 8 annas co-sharers pro forma defendants. The suite were decreed by the Court of first instance and after several interlocutory proceedings were dismissed by the learned Subordinate Judge on appeal.2. One Kali Kumar Bose had two sons Kailas and Ram. The original plaintiff was the widow of Ram. The co-sharer landlords, pro forma defendants are the heirs of Kailas. The properties in suit were acquired during the lifetime of Kali Kumar in the name of Kailash. Kali Kumar died in the year 1893 and the properties are said to have been acquired between 1880 and 1886. Two of these properties were acquired in the name of third parties and they subsequently executed deeds of release in respect of them in favour of Kailas.3. The question which arises in these appeals is as to whether the properties were t...
Tag this Judgment!Jasoda Sundari (Alias Pravabati) Choudurani Vs. Lal Mohan Basu and ors ...
Court: Kolkata
Decided on: May-27-1925
Reported in: AIR1926Cal361
Mukerji, J.1. These three appeals arise out of three suits for rent wherein the plaintiff claims 8 annas share of rent due for three holdings making the tenants principal defendants and the other 8 annas cosharers pro-forma defendants. The suits were decreed by the Court of first instance, and after several interlocutory proceedings were dismissed by the learned Subordinate Judge on appeal.2. One Kali Kumar Bose had two sons Kailas and Ram. The original plaintiff was the widow of Earn. The cosharer landlords, pro forma defendants, are the heirs of Kailas. The properties in suit were acquired during the lifetime of Kali Kumar in the name of Kailas. Kali Kumar died in the year 1893 and the properties are said to have been acquired between 1880 and 1886. Two of these properties were acquired in the name of third parties and they subsequently executed deeds of release in respect of them in favour of Kailas.3. The question which arises in these appeals is as to whether the properties were t...
Tag this Judgment!Nagendranath Addy and anr. Vs. Commissioner of the Presidency Division ...
Court: Kolkata
Decided on: May-27-1925
Reported in: AIR1926Cal1016
1. These two appeals arise out of two suits brought by certain persons who claim that they are the duly elected Municipal Commissioners for the Berhampore and Khagra wards of the Berhampore Municipality. In one suit the plaintiffs claim to have been legally elected to represent the Berhampore ward and in the other suit the plaintiffs made a similar claim in respect of the Khagra ward.2. It appears that the elections took place on the 3rd September 1924. There were 11 candidates standing for the five vacancies in the Berhampore ward and 14 candidates for the four vacancies in the Khagra ward. After the polling commenced four candidates from the Khagra ward withdrew during the hours within which voters were admitted into the polling station. The time at which the doors were closed against every voter entering into the place for voting was 6 o'clock; and under Rule 17-A the polling had to go on until all the voters in the polling station had recorded their votes. Shortly after 6 o'clock, ...
Tag this Judgment!Mohammad Usman Vs. Abdul Rahaman and ors.
Court: Kolkata
Decided on: May-26-1925
Reported in: AIR1925Cal1151
Mukerji, J.1. The question raised in this appeal is as to the true construction of a document dated the 26th Jaistha, 1308 B.E. The Courts below differed in construing the document, the Court of first instance holding that it was a mortgage by way of conditional sale, and She lower appellate Court being of opinion that it was a deed of out and out sale. The document runs in these words: ' I have been in the ownership and possession of land fit for erection of shops by right of nay purchase within the boundaries mentioned below situated in the line to the north of the road facing westward in Bander Bazar Chak. Now for my own necessity, on receipt from you Rs. 400 in cash as the price of that shop land, I sell to you the same and I and my descendants cease to have right therein. You from this day being in ownership and possession in these lands, continue to enjoy the same with the rights of transfer by gift and sale, etc. I and my successors cease to have any right thereto I make over my...
Tag this Judgment!Mohammed Usman Vs. Abdul Rahaman and ors.
Court: Kolkata
Decided on: May-26-1925
Reported in: 90Ind.Cas.100
Mukerji, J.1. The question raised in this appeal is as to the true construction of a document dated the 26th Jaistha 1308 B.E. The Courts below differed in construing the document, the Court of first instance holding that it was a mortgage by way of conditional sale and the lower Appellate Court being of opinion that it was a deed of out-and-out sale. The document runs in these words 'I have been in the ownership and possession of land fit for erection of shops by right of my purchase within the boundaries mentioned below situated in the line to the north of the road facing westward in Bander Bazar Chak. Now for my own necessity on receipt from you Rs. 400 in cash as the price of that shop land I sell to you the same and I and my descendants cease to have right therein. You from this day being in ownership and possession in these lands, continue to enjoy the same with the rights of transfer by gift and sale, etc. I and my successors cease to have any right thereto. I make over my kobal...
Tag this Judgment!Chandi Charan Mitra Vs. Ashutosh Lahiri
Court: Kolkata
Decided on: May-26-1925
Reported in: 94Ind.Cas.684
N.R. Chatterjea, J.1. This appeal arises out of a suit for ejectment of the defendant after notice to quit. The Court of first instance gave a decree to the plaintiff and that decree has been affirmed on appeal by the lower Appellate Court.2. The defendant has appealed to this Court and four contentions have been raised before us.3. The first is that the land in suit was taken settlement of for the purpose of enlarging the compound of the house in which his predecessor-in-title was residing, that he had a permanent tenancy in the house; and that the incidents of that tenancy would apply to the disputed land also as it was taken for the purpose of enlarging the compound of the house. We do not, however, think that that would follow. A man may have a permanent right to a piece of land, but he would not necessarily have the same right to another piece of land adjoining it.4. The next point taken is, that the two holdings were amalgamated because one rent-receipt was granted in respect of ...
Tag this Judgment!Mohesh Chandra Deb Nath Vs. Mathura Chandra Deb Nath and ors.
Court: Kolkata
Decided on: May-25-1925
Reported in: AIR1928Cal360
Walmsley, J.1. This appeal is preferred by the defendant. He is the eldest son of Mucharu who died leaving five sons, including the appellant and a widow. One of the sons, namely Dhirandra, died childless after his father and his interest passed to his mother Soudamini. The other three sons and the mother brought the suit out of which this appeal arises against the defendant Mohesh for partition of the properties left by Mucharu claiming a share of 4/5ths for themselves and admitting the defendant's share to be 1/5th. Mohesh in defence set up a will executed by Muoharu in January 1918, about three weeks before his death, and, after the institution of the present suit, he applied for probate of that will and succeeded in obtaining probate, after a struggle, on 13th January 1922. In this case, Mohesh contends that the will of which he has obtained probate gives him a one-fourth share in the money-lending business and a share of six-annas odd in the jote properties left by Muoharu and tha...
Tag this Judgment!Gobinda Chandra Chakravarti and anr. Vs. Prakash Nath and ors.
Court: Kolkata
Decided on: May-25-1925
Reported in: AIR1926Cal555,91Ind.Cas.677
Mukerji, J.1. The only question In support of this appeal is a question of limitation.2. Defendants Nos. 1 and 2 who are the appellants in this appeal contend that the plaintiffs' suit was barred by reason of the provisions contained in Section 27 of Act VIII of 1869. In order to appreciate this contention it is necessary to look into the plaint and the cases put forward on behalf of the. respective parties. The plaintiffs in their plaint alleged that they were the holders of a mourasi jote which had descended to them from their father Ganesh Nath, that in the year 1320 corresponding to 1914 the plaintiffs' father left the village for certain purposes of his own and that the principal defendants, namely, defendants Nos. 1 to 3 taking advantage of the absence of the plaintiffs' father settled the lands' of this jote with the other defendants, namely, defendant? Nos. 4 and 5, that subsequently the principal defendants instituted a suit against the defendants Nos. 4 and 5 and obtained a d...
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