Kolkata Court February 1931 Judgments
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Upendranath Galowa Vs. Hemchandra Koley
Court: Kolkata
Decided on: Feb-27-1931
Reported in: AIR1932Cal160
1. In this case, respondent 2 died before the appeal was filed but after the preparation of the decree by the lower appellate Court. An application was filed along with the memorandum of appeal stating the fact and mentioning the heirs of the deceased respondent whose names were inserted in the memorandum of appeal. This application bears a verification in these words:I....do hereby verify that the statements made above are true to my knowledge.2. The Registrar is of opinion that if this verification is to be treated as one on solemn affirmation under Oh. 4, Rule 1 (5), Appellate Side Rules, it has to be stamped with a further court-fee of Rs. 2. The application bears a court-fee of Rs. 2 only. The learned advocate for the appellant contends that he has complied with the requirements of Ch. 4, Rule 1 (5) and that he is not required to put in a further court-fee of Rs. 2, as the court-fee required under that rule has been put on the application. Sub-clause (5) says:The facts stated in e...
Purna Chandra Sutradhar and anr. Vs. Mt. Saburi Bewa and ors.
Court: Kolkata
Decided on: Feb-26-1931
Reported in: AIR1932Cal0
Rankin, C.J.1. This Letters Patent appeal is brought by the plaintiffs from a decision of my learned brother Jack, J., who allowed the second appeal and dismissed the plaintiff's suit. The suit had been decreed in the trial Court and, on first appeal before the learned Subordinate Judge, the appeal had bean dismissed. The form of the suit was, first of all, to put the matter logically for a declaration of the plaintiffs' right as tenants to certain land. They were tenants under maliks who may be called as the five anna maliks. The defendants were tenants of adjacent lands under the tan anna maliks and the plaintiffs sued, first of all, for a declaration of their title as tenants, secondly, for confirmation of their possession upon the allegation that the defendants had been disturbing their possession or threatening so to do, and thirdly, for an injunction to restrain the defendants from trespassing upon the land of the plaintiffs' tenancy or otherwise interfering with that.2. Now, the...
D.B.H. Banyard Vs. E.F. Banyard
Court: Kolkata
Decided on: Feb-26-1931
Reported in: AIR1932Cal149
Buckland, J.1. On Tuesday last an application was made to me in Chambers on behalf of one Eric Cecil Rowllings that leave might be granted to him to intervene in this suit, that he be made a party as co-respondent, that the cause title be amended, and that the applicant be given liberty to file an answer if so advised.2. For reasons into which I need not now enter I adjourned the application into Court and it now appears that the applicant was served with a notice dated 22nd January 1931 calling upon him to appear in this suit within ten days from the date of service of the notice, and informing him that he was entitled within the time aforesaid to apply for leave to intervene in the cause. A notice in that form was entirely out of order from any point of view, and led to quite unnecessary difficulties.3. The petition is a wife's petition for dissolution of marriage filed under the Indian and Colonial Divorce Jurisdiction Act on the ground of her husband's adultery. The respondent has ...
Chandi Charan Laha Vs. Jiban Kumar Majumdar and ors.
Court: Kolkata
Decided on: Feb-26-1931
Reported in: AIR1931Cal772a
Cuming, J.1. In the suit out of which this appeal has arisen the plaintiff sued the defendants for rent for a certain area of land and he further asked for interest at the rate of 2 per cent per mensem and damages at the rate of 25 per cent in accordance with the terms of a contract entered into between the parties. The trial Court decreed the plaintiff's suit and allowed him interest at the rate of 2 per cent per mensem and damages at the rate of 12-1/2 per cent in addition to the interest. Both the parties appealed to the District Court. The learned District Judge allowed the interest and allowed damages at the rate of 25 per cent per annum. It will be seen that the learned Judge's judgment proceeded on a misapprehension as to what are really the terms of the kabuliyat. The learned Judge says that the terms of the kabuliyat are as follows:If we make default in paying any kist, we shall pay interest at the rate of 2 per cent per month; if we make default in paying rent, you will be en...
Kalikumar Pal Vs. Rajkumar Pal
Court: Kolkata
Decided on: Feb-24-1931
Reported in: AIR1932Cal148,136Ind.Cas.476
Guha, J.1. This is an appeal by the plaintiff in a suit for recovery of money due on a simple mortgage bond, dated 11th Agrahayan 1319 B. S., executed by defendant 1. The claim of the plaintiff in the suit was resisted by defendant 1 and it was pleaded by the defendant that there was a payment made of Rs. 150 to the plaintiff on 20th Chaitra 1326 B.S. On the pleadings before the Court, the first issue and the material question arising for consideration in the case was whether the plea of payment of Rs. 150, as alleged by the defendant, was true or not. The plea of payment as raised in the suit, based on an alleged admission of the plaintiff himself, was sought to be substantiated by the defendant by evidence adduced by him; and the material witnesses examined in this behalf were two in number, D. W's. 3 and 4. With reference to the first of these witnesses, witness 3, his deposition was to the effect that the plaintiff had on a previous occasion admitted the receipt of Rs. 150 from the...
Bindubashinee Debi and ors. Vs. Kashinath Bhattacharya and ors.
Court: Kolkata
Decided on: Feb-23-1931
Reported in: AIR1932Cal167
Mitter, J.1. The lands in dispute in the suit in which the appeal arises are situate within a sadar mirash ijara which belonged to defendants 6 to 18 and one Baikunthanath Chakrabarti in the shares of 11 annas and 5 annas, respectively. The 5 annas share of Chakrabarti was sold at an execution sale and was purchased by Amulya in the benami of Jogesh Chakladar. Plaintiffs (now appellants) rest their title to the 5 annas share of the lands described in the plaint on the basis of (1) their purchase of 3 annas from Jogesh and Amulya, and (2) on the basis of a lease for ten years regarding the other 2 annas from the same persons. Under the mirash ijara there was karsha tenant, Bhanga Baidya, who abandoned the holding. When the plaintiffs went to take possession they were resisted by defendants 1 to 5. Hence the present suit for declaration of plaintiffs' title to the 5 annas share of the lands mentioned in the plaint and for recovery of joint possession to the extent of that share with the ...
Prokash Chandra Das and anr. Vs. Rajendra Nath Dam
Court: Kolkata
Decided on: Feb-23-1931
Reported in: AIR1932Cal221
Costello, J.1. This appeal arises out of a suit which was brought in the first Court of the Munsif at Moulvibazar by the plaintiff's, Bama Sundari Dam, the widow of one Tara Nath Dam, and Rajendra Nath Dam, the adopted son of Tara Nath Dam against Prokash Chandra Das and Gopi Charan Das who were the sons of one Gour Earn Das. The suit was instituted on 9th April 1925 and shortly afterwards and before the suit was heard, the female plaintiff died and an order was in consequence made declaring that as against her the suit had abated. The case was however proceeded with by Rajendra Nath Dam plaintiff 2, and he ultimately was successful against the defendants.2. The suit was brought to eject the defendants from certain lands (which for the purpose of deciding this appeal it is not necessary to specify with any particularity) upon the basis that the lands were held by the defendants on a service tenure and the defendants had ever since 8th October 1913 persistently refused or at any rate wi...
Kamini Sundari Bewa Vs. Nepal Mondal and ors.
Court: Kolkata
Decided on: Feb-23-1931
Reported in: AIR1932Cal389,137Ind.Cas.688
Mitter, J.1. The question of law which falls for determination in this appeal is whether an under-raiyat who has acquired a right of occupancy by custom can successfully resist a suit for eviction brought at the instance of the landlord of the raiyat who has purchased the raiyati holding in execution of a decree for arrears of rent, where the under-raiyati interest was created otherwise than by a registered instrument without the consent of the landlord and is in contravention of Section 85 (1), Ben. Ton. Act, as it stood before its amendment by Act 4 of 1928. The two Courts below have differed on this question, the lower appellate Court being of opinion that the under-raiyat who has acquired a right of occupancy by custom possesses a protected interest within the meaning of Section 160 (d), Ben. Ten. Act, and is protected from eviction by the landlord, and the question in this appeal is which view is right. The appeal to this Court is by the plaintiff and his appeal is directed agains...
Abdul Aziz Shah Vs. Emperor
Court: Kolkata
Decided on: Feb-23-1931
Reported in: AIR1931Cal524
1. In this case a rule was issued calling upon the District Magistrate to show cause why an order of the learned Assistant Sessions Judge adding a charge should not be set aside, on the following ground:That the learned Subdivisional Officer having dismissed the complaint under Sections 497 and 498, I. P.C., and the learned District Magistrate having in effect ordered a further enquiry into the complaint and no further enquiry having in fact been held the joinder of a charge under Sections 497 and 498 in the Court of Sessions is not warranted by law.2. The facts of this case are peculiar. On 20th June 1928 a complaint was lodged by one Mathur Rajbanshi against the petitioner Abdul Karim Shah and a person named Mahamed Hossein saying that his wife Kahabani Baishnabani had been enticed away. A case under Section 498 was started, but was compounded, and the accused were acquitted. While that case was pending the Sub-Inspector of Police submitted a report suggesting the institution of proc...
Collector of Jalpaiguri Vs. Jalpaiguri Tea Company Ltd.
Court: Kolkata
Decided on: Feb-19-1931
Reported in: AIR1932Cal143
Rankin, C.J.1. This appeal is brought by the Secretary of State and the claimants have filed a cross-objection. It appears that certain property was being taken for a medical school and a hospital in Jalpaiguri. The claimants before us are two tea, companies which appear to have been associated and which had tin sheds on pucca plinths which they used for their offices and for various forms of accommodation in connexion therewith.2. The Collector dealt both with the question of value of the land and with the question of the value of the structures and the way in which the Collector valued the land appears to me to be somewhat exceptional and unusual.3. It appears that, in this neighbourhood, there is a tendency to regard all interests in land as though they were agricultural interests under the Bengal Tenancy Act and to deal with them by way of analogy to the provisions that are there laid down; but it is quite clear that that is by no means the legal position and it has not been conten...
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