Kolkata Court July 1925 Judgments
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Biraj Boyed and ors. Vs. Raja Bejoy Sinha Dudhuria
Court: Kolkata
Decided on: Jul-21-1925
Reported in: 91Ind.Cas.768
B.B. Ghose, J.1. This is an appeal against the judgment and decree of the District Judge of Murshidabad modifying the decree passed by the Subordinate Judge. The plaintiff had obtained a decree against one Chatrapat Singh in 1907 in execution of which he put up for sale certain properties as belonging to his judgment-debtor. The properties were sold in different lots and they were all purchased at the auction sale by the plaintiff on the 19th of November 1907, the total value of the properties being Rs. 14,050. The predecessor of the defendants had also obtained a decree for money against the same judgment-debtor, and he applied for rateable distribution of the sale-proceeds under the provisions of the C.P.C. and obtained Rs. 2,800 and odd out of the money in deposit under an order of the Court on 15th February 1908. The wife of the judgment debtor Mina Kumari Bibi commenced a suit in 1907 against the plaintiff, in which the judgment-debtor was also made a party, for declaration of her...
Sremati Kusum Kamini Debi and ors. Vs. Hara Sundar Majumdar and ors.
Court: Kolkata
Decided on: Jul-21-1925
Reported in: AIR1926Cal1195,97Ind.Cas.885
Cuming, J.1. These two appeals arise out of two suits which were tried along with, two other suits. The suits were brought by some of the co-sharers of a certain residuary estate to set aside a certain revenue sale which was held in June, 1918. The two suits in question out of which these appeals have arisen were heard along with two other suits of the same nature. The facts alleged were as follows:-- The plaintiffs were co-sharers in the residuary estate Ja Sakhini which is No. 68 in the Pabna Collectorate. The sadar jama of the parent estate was Rs. 647-7-0. Certain of the co-sharers opened separate accounts and the revenue of the residuary share that was left was Rs. 582-2 0. it is with this residuary share that, we are now concerned. Two of the proprietors of this residuary estate mortgaged their entire share amounting to some 8 annas to -the defendant No. 1, Hara Sundar Majumdar. He sued on his mortgage and having obtained a decree brought the property to sale and purchased it in ...
Aswap Alibepari Vs. Dula Mia
Court: Kolkata
Decided on: Jul-21-1925
Reported in: AIR1926Cal580,92Ind.Cas.843
Ewart Greaves, J.1. When this appeal was before us previously we sent back the matter to the lower. Appellate Court for certain findings to be recorded.2. Firstly, whether the defendant was or was not a permanent raiyat with rights of transfer in the land. Secondly, whether the defendant was or was not a settled raiyat of the village in respect of other lands and whether in addition to the homestead there was any other land other than a strip of garden land. Thirdly, as to whether or not any improvements had been effected by the defendant on the land and whether such improvements had been effected with the landlord's assent and the value thereof.3. The learned Munsif to whom the case was remitted has now returned it with the following findings. He holds that the plaintiff is an occupancy raiyat without the right of transfer and permanency, in his holding. Secondly, that the defendant is a settled raiyat of the village-in respect of lands other than the land in question and that he had ...
In Re: Kanhya Lal Sewbux
Court: Kolkata
Decided on: Jul-21-1925
Reported in: AIR1926Cal176
Buckland, J.1. This is an application made on behalf of Ram Gopal Poddar, one of the creditors of the insolvent, Kanhya Lal Sewbux, for an order that the trustee under the composition may be directed to pay him Rs. 19,159-6-0. On the 17th December 1923 an order was made approving the terms of composition annexed to the order, under which Babu Shedmull Dalmia of 69, Cotton Street, a creditor, to the extent of Rs. 47,216, was appointed to be the trustee. The terms of composition recite two mortgages:. one in favour of Shedmull Dalmia amounting to Rs. 35,000; and the other in favour of the applicant for Rs. 15,000: and it says that those sums shall be paid first of all as soon as sufficient funds come into the hands of the trustee.2. It is alleged that the trustee has paid away considerable sums to unsecured creditors out of the assets, of which at present Rs. 20,000 are still in his hands. The trustee admits a certain amount of assets and that he has paid sums to unsecured creditors, but...
Bijraj Boyed and ors. Vs. Raja Bijoy Sinha Dudhoria
Court: Kolkata
Decided on: Jul-21-1925
Reported in: AIR1926Cal297
B.B. Ghose, J.1. This is an appeal against the judgment and decree of the District Judge of Murshdabad modifying the decree passed by the Subordinate Judge. The plaintiff had obtained a decree against one Chatrapat Singh in 1907 in execution of which he put up for sale certain properties as belonging to his judgment-debtor. The properties were sold in different lots and they were all purchased at the auction sale by the plaintiff on the 19th of November 1907 the total value of the properties being Rs. 14,050. The predecessor of the defendants had also obtained a decree for money against the same judgment-debtor, and he applied for rateable distribution of the sale proceeds under the provisions of the Civil Procedure Code and obtained Rs. 2,800 and odd out of the money in deposit under an order of the Court on the 15th February 1908. The wife of the judgment-debtor, Mina Kumari Bibi, commenced a suit in 1907 against the plaintiff in which 'the judgment-debtor was also made a party, for ...
Umasasi Debi Vs. Akrur Chandra Mazumdar and ors.
Court: Kolkata
Decided on: Jul-21-1925
Reported in: AIR1926Cal542,92Ind.Cas.984
Cuming, J.1. In the suit out of which this, appeal has arisen the plaintiff who is the appellant before this Court sued for a declaration that she had lakheraj and jamai right purchased at auction sale in respect of some 3-annas odd share left by her husband and that she was entitled to the 16-annas rent of the land in question and the defendant had no right in respect of the land.; She also asked for a perpetual injunction to restrain the defendant from obstructing her in the realisation of the rents of this land. If it should be found that the plaintiff was not in possession of the land then she sued to recover possession. Her case, as a perusal of the plaint will make quite clear, is that her husband bought the lakheraj right in the land in his own name and with his own money. Subsequent to this he purchased the tenants' right in the land on the 24th of February at a sale in execution of a decree in the name of the defendant No. 1, obtained a certificate of sale and in virtue of thi...
Emperor Vs. Yakub and ors.
Court: Kolkata
Decided on: Jul-21-1925
Reported in: AIR1926Cal1034
Mukerji, J.1. This is a Reference made by the Assistant Sessions Judge of Dacca under Section 307, Criminal P.C. recommending that the unanimous verdict of the jury convicting the accused under Sections 147 and 325/149, Indian Penal Code, be set aside.2. The accused persons are six in number, Yakub, Sahadat, Bihal, Niaz Ahmed, Ali Ahmed and Mahamed. Yakub is brother-in-law of Bihal (the two being the husbands of two sisters). Sahadat and Mahamed are sons of Yakub Niaz Ahmed and All Ahmed are sons of Bihal.3. The prosecution case shortly stated was this: In village Shyampur there is a Namasudra basti populated mostly by Nawasudras. In this village there is the homestead in connexion with which the present occurrence took place. It lies on the north of a small khal, and also on the west of it with a sugarcane field lying between. Just to the north of it is the bari of one Raj Mohan Mistry who is the person who lost his life in this occurrence. This homestead together with the sugarcane f...
Harihar Roy Vs. Sarat Chandra Basu Chowdhuri
Court: Kolkata
Decided on: Jul-20-1925
Reported in: AIR1926Cal661,91Ind.Cas.734
1. The plaintiff brought this suit for recovery of arrears of rent at a jama of Rs. 12-15-6. He also claimed enhancement of rent either under Section 7 or under Section 30(b) of the Bengal Tenancy Act The defendant alleged that his jama was Rs. 6-6-0 and that he was a raiyat holding at fixed rate of rent, so his rent could not be enhanced. The First Court decided in the defendant's favour on both points. The lower Appellate Court has held, that the rental is that claimed by, the plaintiff and that the defendant is a raiyat with right of occupancy and that his rent is liable to be enhanced under Section 30(b) of the Bengal Tenancy Act, but has refused a decree for enhancement of rent on the ground that there is no evidence to prove the claim. The defendant has preferred a second appeal and the plaintiff has taken a cross objection to the refusal to pass a decree, for enhancement of rent.2. The defendant's case was that he was a tenant under the previous holders of a chaukidar chakran te...
Ananda Priya Baishnavi Vs. Bijoy Krishna Ray
Court: Kolkata
Decided on: Jul-20-1925
Reported in: AIR1926Cal643,91Ind.Cas.705
Graham, J.1. This appeal is directed against an order of the First Subordinate Judge of Tippera and arises out of certain proceedings in execution of a decree. The facts which have led up to it are shortly these:The judgment-debtor respondent Bejoy Krishna Ray brought a Title Suit (No. 1004 of 1917) against the decree-holder appellant Sreemutty Ananda Priya Baishnavi in the Court of the Subordinate Judge at Camilla, which was dismissed, There was an appeal to the High Court which was decreed on the 14th December 1921. On the 14th March 1922 Bejoy Krishna filed an application for leave to appeal to the Privy Council which was granted on the usual terms on the 10th April 1922. On the 21st July 1922 the appeal was allowed to be withdrawn it having been represented to the Court on the 14th July that a compromise was likely to be effected. In the meanwhile on the 31st March 1922 the decree-holder had applied for execution of the decree amounting in all to Rs. 4,237-5-6. Execution proceeding...
Sarada Prosad Roy Vs. Krishna Dome and anr.
Court: Kolkata
Decided on: Jul-20-1925
Reported in: 91Ind.Cas.711
Cuming, J.1. This appeal arises out of an application by the judgment-debtor to set aside a certain sale on two grounds, first of all that no notice as required under Order XXI, Rule 22, had been served on him and secondly under Order XXI, Rule 90 because processes had been fraudulently suppressed, and in consequence of that suppression the land had been sold for a nominal price. The Trial Court decided the issues in favour of the auction-purchaser and rejected the application. On appeal the learned District Judge held that no notice under Order XXI, Rule 22 had been served on the judgment-debtor and that being so the sale was without jurisdiction and could not stand. The auction-purchaser has appealed to this Court; he contends that the want of service of notice under Order XXI, Rule 22 does not render the sale void but only voidable and that it is necessary for the judgment-debtor to prove that he suffered some substantial loss or injury by reason of the failure to serve notice under...
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