Kolkata Court December 1928 Judgments
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Abdul Gani Chaudhuri and anr. Vs. Angri Bhiku and ors.
Court: Kolkata
Decided on: Dec-18-1928
Reported in: AIR1930Cal205
Cuming, J.1. In the suit, out of which this appeal has arisen, the plaintiffs sued for recovery of arrears of rent and cesses for the years 1283 and 1284 M.E. and first quarter of 1285 M.E. with damages thereon at 25 per cent. They based their claim on a certain unregistered kabuliyat. They also claim additional rent of Rs. 212-14-0 as for the period in suit, on the allegation that there had been an increase in the area of the taluk to the extent of 6 drones 7 kanis 6 1/4 gandas of land. The defendants contended, among other things, that they were not liable to pay any additional rent for any additional area. The first Court decreed the plaintiffs' suit for 2 1/2 years' rent at the rate of Rs. 713 with cesses and with damages at 12 1/2 per cent, but he disallowed the claim for additional rent for additional area. On appeal, the learned District Judge held that the plaintiff's were entitled to additional rent to additional area and that the area on which they were entitled to additional...
Sitram Kalwar Vs. Sukia Kalwarin
Court: Kolkata
Decided on: Dec-18-1928
Reported in: AIR1929Cal336
1. The foundation of this Rule is the allegation that the petitioner had no notice of the proceedings under Section 488, Criminal P.C. that were held in the Court of the Magistrate who made the final order in 1927. As regards this matter it appears to us that the allegations which the petitioner has made in his application for revision to this Court are not correct We are satisfied upon a perusal of the two reports of the serving peon as well as on his evidence that was given in those proceedings that the notices in connexion therewith were personally served upon the petitioner. If this fact has. been established as in our opinion it has been, then the only question is whether the Magistrate had jurisdiction to deal with those proceedings under the provisions of Sub-section 8 of Section 488, Criminal P.C. That Sub-section says that,proceedings under this section may be taken against any parson in any district where he resides or is, or where he last resided with his wifeetc. The procee...
Abdul Gani Chaudhuri and anr. Vs. Angri Bhikhu and ors.
Court: Kolkata
Decided on: Dec-18-1928
Reported in: 122Ind.Cas.212
Arthur Herbert Cuming, J.1. In the suit, out of which this appeal has arisen, the plaintiffs sued for recovery of arrears of rent and cesses for the years 1283 and 1284 M, E. and first quarter of 1285 M. E. with damages thereon at 25 per cent. They based their claim on a certain unregistered kabuliyat, They also claim additional rent of Rs. 212-14-0 for the period in suit, on the allegation that there had been an increase in the area of the taluk to the extent of 6 drones 7 kanis 6 1/4 gandas of land. The defendants contended, among other things, that they were not liable to pay any additional rent for any additional area. The first Court decreed the plaintiffs' suit for 2 1/4 years' rent at the rate of Rs. 713 with cesses and with damages at 12 1/2 per cent., but he disallowed the claim for additional rent for additional area. On appeal, the learned District Judge held that the plaintiffs were entitled to additional rent for additional area and that the area on which they were entitle...
Rajani Kanta Nath Bhoumik Vs. Ali Noaz and ors.
Court: Kolkata
Decided on: Dec-17-1928
Reported in: AIR1930Cal79
Mallik, J.1. The suit that has given rise to this appeal was one brought by a tenant for recovery of possession of some land from defendant 1, who is the, landlord. The allegations on which the suit was brought were that the plaintiff held the Kind as a raiyat under defendant 1; that he gave a usufructuary mortgage of the property to the pro-forma defendants and subsequently in Agrahanyan, 1330 B.S., got back possession of his property on the whole amount of the mortgagee's dues being satisfied from the usufructs of the property and that the plaintiff was thereafter in possession of the property till 10th Baisakh, 1331, B.P., when he was dispossessed by his landlord, defendant 1. The plaintiff's claim was resisted by the landlord defendant on the allegation that there had been no usufructuary mortgage as alleged by the plaintiff, but that the transaction between the plaintiff and the pro forma defendant was an out and out sale, and that, as the plaintiff by that sale abandoned the hold...
Ananda Chandra Nandy and anr. Vs. Jhulon Singh and ors.
Court: Kolkata
Decided on: Dec-17-1928
Reported in: AIR1929Cal409
Suhrawardy, J.1. This appeal arises out of a suit for declaration of title to and recovery of khas possession of 4.66 acres of land described in the plaint. The plaintiffs are the purchasers at a sale held on 11th April 1921 under the Public Demands Recovery Act for arrears of rent, due to the Bhowal Raj Estate under the Court of Wards. The sale was confirmed on 14th June 1921, and it is alleged that delivery of possession of the land sold was given to the plaintiffs by the Collector on 26th July of the same year. The plaintiffs' ease was that the defendants had not parted with possession of the land and hence they instituted the present suit on 19th September 1923.2. Both the Courts below have given effect to the defendants' plea that the processes under the Public Demands Recovery Act had not been regularly served They have held that it has hot been proved that the notice or a copy of the certificate was served on defendant 1, the tenant as required by Section 7 of the said Act, Ther...
Rajani Kanta Nath Bhoumik and ors. Vs. Ali Noaz and ors.
Court: Kolkata
Decided on: Dec-17-1928
Reported in: 122Ind.Cas.193
Mallik, J.1. The suit that has given rise to this appeal was one brought by a tenant for recovery of possession of some land from defendant No. 1, who is the landlord. The allegations on which the suit was brought were that the plaintiff held the land as a raiyat under defendant No. 1; that he gave a usufructuary mortgage of the property to the pro forma defendants and subsequently in Agrahayan, 1330 B. S., got back possession of his property on the whole amount of the mortgagee's dues being satisfied from the usufructs of the property; and that the plaintiff was thereafter in possession of the property till 10th Baisakh, 1331 B. S., when he was dispossessed by his landlord, defendant No. 1. The plaintiff's claim was resisted by the landlord defendant on the allegation that there had been no usufructuary mortgage as alleged by the plaintiff, but that the transaction between the plaintiff and the pro forma defendant was an out and out sale, and that, as the plaintiff by that sale abando...
General Electric Trading Co. Vs. Siemens (India) Ltd.
Court: Kolkata
Decided on: Dec-14-1928
Reported in: AIR1929Cal177
C.C. Ghose, J.1. This appeal arises out of an application made by the appellant firm under Section 19, Arbitration Act 1899, for an order for stay of the proceedings in suit No. 2721 of 1927 instituted by the respondent company against the appellant firm on 22nd December 1927 in this Court. The application came on for hearing before my learned brother Pearson, J. on or about 16th March 1928, when by his judgment and order dated 16th March 1928, he dismissed the same.2. The facts involved in this appeal, shortly stated, are as follows: It appears that on 22nd December 1923, an agreement was entered into between a company known as Gorie, Limited and the appellant firm whereby the latter were appointed distributors of the goods of the Siemens Schuckart Manufacturing Works for Sind and Baluchistan, in January 1925 the respondent company succeeded to the interest of Gorio Limited in its Electrical Department including the been fit of the agreement between Gorio Limited and the appellant fir...
Bir Bikram Kishore Vs. Rajjah and ors.
Court: Kolkata
Decided on: Dec-14-1928
Reported in: AIR1929Cal201
Mitter, J.1. The Maharajah of Tipperah brought the suit in which this appeal arises for recovery of arrears of rent from the defendants for the years 1332--35 T.E. claiming rents at the rate of Rs. 8 9. He also prayed for enhancement of rent on the ground of the rise in the price of staple food crops under the provision of Section 30(b), Bengal Tenancy Act.2. One of the defences to the claim for enhancement was that as the lands of the tenancy consisted of undivided share the defendants could not be regarded as tenants of a holding within the meaning of Section 30-B, Bengal Tenancy Act and as such the rent could not he enhanced under the provisions thereof.3. The Munsif decreed the claim for arrears of rent but dismissed the claim for enhancement on the ground that one of the lands comprising the jama is held in undivided share by defendants and their cosharers. The plaintiff contended that it was not open to the defendants to raise the contention that the jama was not a holding by rea...
Radhu Hari and anr. Vs. Narendra Nath Chatterjee and anr.
Court: Kolkata
Decided on: Dec-14-1928
Reported in: AIR1929Cal224
Mitter, J.1. These two appeals are by the defendants and arise out of two rent suits commenced by the plaintiffs respondents. The plaintiffs prayed for recovery of rent at the rate of Rs. 6 and damages at 25 per cent. The case of the plaintiffs is that their predecessor took settlement of the choukidari chakran lands to which the disputed lands appertain and that the defendants are in possession of these lands by doing gratuitous work or begar for 12 days every year in lieu of rent. The defendants contested the suit and amongst other defences they raised the contention that the suit for rent could not be maintained as the stipulation to work for 12 days in the year was arbitrary and indefinite and is opposed to the provisions, of Section 3, Regulation 5 of 1812. The trial Court held that the agreement to do begar work for 12 days has been established in both the cases and decreed the suit at the rate of Rs. 2-4-0 a year in each of these suits. The lower appellate Court has taken the sa...
Ebrahim Molla Vs. Emperor
Court: Kolkata
Decided on: Dec-14-1928
Reported in: AIR1929Cal415
Rankin, C.J.1. This is an appeal by one Ibrahim Molla who has been sentenced to five years' rigorous imprisonment being convicted by the unanimous verdict of the jury for setting fire to a certain building on 17th March 1928,' It appears that it occurred in the course of Ramjan days of this year. There is a good deal of evidence and if that is believed it clearly justifies the finding of the jury. The learned Judge points out that no witness actually states that he saw the accused setting fire to the place. The evidence, if it is believed, is to the effect that the complainant got up in the middle of the night, went outside and saw the accused and his brother Mobarak standing near the hut and was about to run away and he also saw the flames coming up. He then cried for help and number of people came up. These people have given evidence in the case and they say that they saw Ebrahim and his brother Mobarak there. In addition to that there is evidence which has been carefully laid before...
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