Kolkata Court December 1927 Judgments
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Moosa Soleman Salehji and ors. Vs. Secretary of State
Court: Kolkata
Decided on: Dec-02-1927
Reported in: AIR1929Cal135,117Ind.Cas.692
1. This is an application made on behalf of the appellants who filed four appeals against the decision of the District Judge in four land acquisition matters relating to the compensation awarded for acquisition of four plots of land. The appellants are the same and the respondent is the Secretary of State in all the cases. Although the lands were in possession of different tenants, they are no parties to these appeals. The application on behalf of the appellants is that all the four appeals may be consolidated and, in effect, the prayer is that the memoranda of appeals in all these cases should be considered as one memorandum of appeal ; after having done that, to apply Section 17, Court-fees Act, and to allow them to pay Court-fees on the consolidated value of all the four appeals instead of paying Court-fees for each appeal separately, as they are bound to do under ordinary circumstances. In support of the application, the learned vakil for the petitioners referred to the case of Kas...
Sh. Daliluddi Vs. Syed Matahar Ali
Court: Kolkata
Decided on: Dec-01-1927
Reported in: AIR1928Cal254
Mukerji, J.1. This rule relates to a suit for rent which was tried by the Munsif, Second Court, Madaripur. The suit was valued at Rs. 15 odd. The Munsif decreed the suit. The defendant preferred an appeal to the District Judge and the learned Judge held that the appeal was not maintainable in view of the provisions of Section 153, Ben. Ten. Act. He held that the trial Court could not be considered to have decided any question of the amount of rent annually payable. The rule has been issued to show cause why this order of the learned District Judge should not be set aside upon the grounds first,that the decision of the learned Munsif having decided a question of the amount of rent annually payable, the learned Judge ought to have held that he had jurisdiction to hear the appeal,and, secondthat the Court of appeal below ought to have held that the Court of first instance has also decided a question of title to or interest in 12 acres of land between the plaintiff and the defendants in th...
Mahendra Nath Srimani Vs. Kailash Nath Das and ors.
Court: Kolkata
Decided on: Dec-01-1927
Reported in: AIR1929Cal50
B.B. Ghose, J.1. This is an appeal by the plaintiff against the judgment and decree of the Subordinate Judge, 2nd Court, 24 Parganas, dated 6th August 1925. The appeal arises out of a suit for ejectment and for mesne profits or, in the alternative, if the Court holds that the plaintiff is bound to grant a lease to the defendants, then for fixing the rent at the rate of Rs. 25 per cottah per mensem. The Subordinate Judge has dismissed the claim for ejectment and for mesne profits but has directed that the plaintiff is bound to grant a lease to the defendants in terms of the contract, I shall relate presently, at the rent of Rs. 5 per cotta per mensem.2. The facts of the case giving rise to this litigation are as follows: The property in suit along with other properties belonged to one Jadab Krishna Singha. He died in the year 1867 leaving his mother Padmamani, two widows Lakshmipriya and Fulkumari and a daughter Probhabati,him surviving. After his death, Fulkumari brought a suit for par...
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