Kolkata Court June 1927 Judgments
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Hari Chaitanya Sinha Chowdhury Vs. Ramram Sinha Chowdhury and ors.
Court: Kolkata
Decided on: Jun-30-1927
Reported in: AIR1928Cal164
1. This is an appeal by Hari Chaitanya Sinha Chowdhury who was appointed an executor of the will of his father Govinda Sundar Sinha Choudhuri against two orders of the District Judge of Berhampore, one dated the 29th August 1925, and the other dated the 12th September 1925. The facts shortly stated are these: Govinda died leaving four sons and his widow. He had five sons : (1) Hare Krishna who had pre-deceased him leaving's widow Chittasakhi and two sons Gopi Ballav and Radha Ballav, (2) Hare Ram, (3) Ram Ram, (4) Had Chaitanya and (5) Hare Hare who was a minor at the time of his death. The testator appointed five persons as executors of his will. The ninth paragraph of the will runs thus:In order to carry on the work according to the terms of this will, I appoint my song Sriman Hare Ram Sinha Choudhuri Sriman Ram, Ram Sinha Choudhuri, Sriman Hari Chaitanya Sinha Choudhuri and on behalf of my minor grandsons, Gopi Ballav and Radha Ballav, their mother Chittasakhi Dassy and on behalf of...
Rajani Kanta Banerjee and ors. Vs. Raj Kumari Dasi and anr.
Court: Kolkata
Decided on: Jun-30-1927
Reported in: AIR1927Cal913
Rankin, C.J.1. This is a case in which the plaintiffs sued for ejectment after service of a notice to quit. The Munsif did not try any issue except the issue whether the plaintiffs were estopped from bringing the suit for khas possession. The lower appellate Court dealt with the same question only.2. The facts are shortly these: That the father of the defendants sold the suit land and certain other lands forming a jama to the plaintiffs' predecessors. The latter got possession of all the lands except the lands now in question. Thereupon it is said that after the expiry of 12 years the plaintiffs brought a suit for recovery of these very lands against the defendants' father. That suit was settled by a solenama and the effect of the solenama was that the defendants' father admitted the right of the plaintiffs to get possession of these lands but it was agreed that the defendants' father should be a tenant to the plaintiffs at a Certain rent permanently. In that suit it may be mentioned t...
Efari Dasya Vs. Podei Dasya
Court: Kolkata
Decided on: Jun-29-1927
Reported in: AIR1928Cal307,110Ind.Cas.283
B.B. Ghose, J.1. This is an appeal against the judgment and decree of the District Judge of Assam Valley Districts refusing to grant probate or letters of administration of the draft of a will alleged to have been executed by the testator, Jipati Thakuria, in January 1904. The applicant was the daughter of the testator. The testator died on 25th June 1910. At the time of his death, he had his daughter, the petitioner, his widow Podei, the objectrix, an infant son, Kali Charan, and another stepson named Nanmal. At the date of the will his son, Kali Charan, was not born. By the will, a 3rd share each was given to Efari, the petitioner, Podei, the wife, and to Nanmal. It is alleged by the petitioner that after the death of the testator each of the three persons was in possession by taking pattas from the revenue authorities of the lands loft by the testator and they were in joint possession till the year 1923. In 1934, disputes commenced among those parties and the petitioner was sought t...
Ray Monmotha Nath Mitter Vs. Rajeswar Rai Chowdhury and anr.
Court: Kolkata
Decided on: Jun-29-1927
Reported in: AIR1928Cal315
1. The suit in which this appeal arises was for ejectment of the respondents from some 25 cattas of land in Punjab Nayabasti, within the municipal boundaries of Calcutta. The plaintiff-appellant alleges in his plaint that the defendants-respondents are tenants-at-will liable to ejectment on a proper notice to quit and that such notice had been served upon the defendants' predecessor one Bises war Roy Choudhury.2. The claim of the respondents is that the disputed land has been held by them and their predecessors on a permanent tenure and that no notice to quit was served on them.3. The Munsif of Alipur who tried the suit held that the notice to quit was properly served but decided in favour of the respondents on the ground that the respondents' tenure is permanent. The plaintiff appealed to the Subordinate Judge of 24 Pargannas who came to the conclusion that the holding in suit is permanent and that the defendants are not liable to ejectment and on this finding dismissed the plaintiff'...
Radha Mohun Dutt Vs. Nripendra Nath Nandy and ors.
Court: Kolkata
Decided on: Jun-28-1927
Reported in: AIR1928Cal154
1. This appeal by defendant 2 arises out of a suit brought by the sub-mortgagee against the sub-mortgagor and the original mortgagor. Defendant 2 was the original mortgagor. The mortgage bond is dated 27th February 1920, and was executed in favour of defendant 1. Defendant 1 sub-mortgaged his right to the plaintiff by a deed dated the 18th January 1921. The Subordinate Judge, passed a decree in favour of the plaintiff. Defendant 2, in his appeal, takes the ground that neither the original mortgage bond nor the sub-mortgage-bond was properly attested. With regard to the bond executed by the original mortgagee, the contention of the learned vakil for the appellant is untenable, because there is the evidence of one witness that the other witnesses also at tested the document, and there was no cross-examination on the point. The argument with regard to the original mortgage bond has more substance Of the two witnesses, whose names appear as attesting witnesses, one was examined, viz., Mr. ...
Raj Kumar Dutta Gupta Vs. Ramani Mohan Kunda and anr.
Court: Kolkata
Decided on: Jun-28-1927
Reported in: AIR1927Cal878
Cuming, J.1. These two appeals arise out of two suits for rent. In the first Court the learned Judge held that the plaintiffs were kayami mourasi raiyats and the defendant was an under-raiyat and, therefore, they were governed by the provisions of Section 48, Bengal Tenancy Act, which provides thatthe landlord of an under-raiyat holding at a money rent shall not be entitled to recover rent exceeJiag the rent which he himself pays by more than the following percentage of the same : (a) when the rent payable by the under-raiyat is payable under a registered lease or agreement - 50 per cent; and (b) in any other case - 25 per cent.2. He granted to the plaintiffs a proportionate decree in the suits. On appeal to the District Court the learned Judge held that the plaintiffs were tenure-holders and the defendant was a raiyat and hence he held that the provisions of Section 48 did not apply to the present oases. Farther, he held that, even if the plaintiffs were raiyats and the defendant an u...
Mt. Rukeya Banu and ors. Vs. Mt. Nazira Banu and ors.
Court: Kolkata
Decided on: Jun-28-1927
Reported in: AIR1928Cal130
B.B. Ghose, J.1. These two appeals arise out of a single suit for partition which has been dismissed by the learned Subordinate Judge. Appeal 175 of 1925 is by defendants 4 and 14 to 17. The contesting respondents are defendants 1, 8, 11, 18, 34 and 66. The representatives of defendants 13 and 27, as well as defendant 6, appear in this Court by their guardian ad litem, the Deputy Registrar. These respondents support the appeal made by the appellants. Appeal 261 of 1925 is by the plaintiff. Defendant 1, who appears as one of the respondents, resists this appeal. There is one common ground between the two appeals, and there are certain different grounds in the appeal preferred by the plaintiff which will be dealt with separately. The property in question originally belonged to the ancestor of the parties, a gentleman named Syed Bakht Majumdar. He created a wakf of some of his properties by a deed, dated the 28th August 1867.2. The plaintiff asked for partition of the properties comprised...
G.i.P. Ry. Co. Ltd. Vs. Jesraj Patwari and ors.
Court: Kolkata
Decided on: Jun-24-1927
Reported in: AIR1928Cal65
Rankin, C.J.1. This is an appeal by the Great Indian Peninsula Railway Company Limited against a decree whereby they have been ordered to pay compensation to the plaintiff in respect of non-delivery of part of two bales of piece-goods. It would appear that the goods in question were forwarded in two consignments delivered to the Great Indian Peninsular Railway Company at the Victoria Terminus in Bombay in November and December respectively of 1920. For the present purpose it need only be stated that these goods were consigned upon the terms of the risk-note B-a form of note approved by the Governor-General in Council under Section 72, Indian Railways Act (9 of 1890).2. The first question which has been raised by the railway company in this appeal has reference to the point decided against it in the lower Court that the risk-note B is not appplicable to the case. The contention that the risk-note is not applicable to the case arises out of the circumstance that the person who actually t...
Mohesh Chandra Chakrabarty and ors. Vs. Hemendra Nath Sen Chowdhury an ...
Court: Kolkata
Decided on: Jun-24-1927
Reported in: AIR1928Cal104
Mitter, J.1. This is an appeal from a ?decision of the Subordinate Judge of Mymensingh, dated the 28th June 1924, which reversed a judgment and decree of the Munsif of Tangail, dated 12th February 1923. The appeal arises out of a suit commenced by the plaintiffs, now respondents, for a declaration of the plaintiff's zemindari right to the disputed lands and for recovery of khas possession. The case as stated in the plaint is that the suit lands were formerly waste lands and appertained to plaintiff's zemindari mouza Garaki and they were subsequently settled with the pro-forma defendants who possessed them and that sometime after the settlement defendants 1 and 2, now appellants, brought a suit against the pro-forma defendants for establishment of title to and for khas possession of the lands now in dispute.2. The pro-forma defendants contested the suit but ultimately they could not continue their defence with the result that defendants 1 and 2, now appellants, obtained an ex-parte decr...
Jonab Biswas Vs. Siva Kumari Debi and anr.
Court: Kolkata
Decided on: Jun-24-1927
Reported in: AIR1927Cal855
Rankin, C.J.1. In this case there are thirteen appeals arising out of the same set of facts. In the course of settlement the matter had been tried in the first instance by the Settlement Officer and then went on appeal to the District Judge of Nadia. In the proceedings under Section 105, Bengal Tenancy Act and in the record of rights the tenants had been recorded as occupancy raiyats. When the landlord applied for settlement of fair rent the tenants maintained that they were really holding on mokrari terms and they claimed under Section 50, Bengal Tenancy Act, that they had paid rent at the uniform rate so long that they were entitled to the presumption that they were tenants at a permanent rate of rent. It would appear that for the years 1886-87 the landlord produced jama wasil baki papers which purport on the face of them as evidence to show that for these years a different rate of rent was applicable to these tenancies.2. Now the question is whether the learned District Judge has co...
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