Kolkata Court March 1933 Judgments
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Parabi Bibi and ors. Vs. Birendra Nath Sarkar and ors.
Court: Kolkata
Decided on: Mar-24-1933
Reported in: AIR1933Cal543
Mallik, J.1. This appeal arises out of a suit for recovery of arrears of rent for the years 1330 to 1333 B.S. The defence inter alia was a denial of relationship of landlord and tenant. This defence was negatived by both the Courts below and the Courts below gave a decree to the plaintiff. Some of the defendants are appellants before us. On behalf of the appellants it was contended that as the defendants are patnidars under the zamindar, defendant 20, and as the plaintiff based his claim on an ijara obtained by him from that zamindar, defendant 20, and as zamindari interest of defendant 20 was sold away before the period for which the rents were claimed, the plaintiff was not entitled to realize any rent from the defendants. There are two points which are involved in this argument advanced on behalf of the appellants. The first one is whether the zamindari interest of defendant 20 had been sold away before the period in suit, and the second one is whether defendant 20, the zamindar, co...
Dharani Mohan Roy Vs. Rajani Kanta Tarafdar and ors.
Court: Kolkata
Decided on: Mar-22-1933
Reported in: AIR1934Cal146
Mukerji, J.1. The plaintiff is the appellant in this appeal. The appeal has arisen out of a suit which the plaintiff instituted for recovery of arrears of rent with cesses and damages for the years 1331 to 1334 in respect of certain lands and the claim was laid at an annual rental of Rs. 82 odd in plaintiff's eight annas share. Amongst the pleas that were taken on behalf of the defendants was a plea of suspension of rent on the ground of dispossession. The land which forms the subject matter of this suit will be found depicted in the settlement map as being bounded on the north by a khal and on the east by a river. The controversy between the parties as regards dispossession relates to two plots marked 602 and 603 on that map. These two plots also, as would appear on the map, were bounded on the north by the khal and on the east by the river. The defendant's case is that they have been dispossessed by the plaintiff in respect of these two plots, and inasmuch as the plots formed part of...
Naran Chandra Ghose and ors. Vs. Rangalal Ghose and ors.
Court: Kolkata
Decided on: Mar-22-1933
Reported in: 150Ind.Cas.744
Mallik, J.1. In a suit for partition in which the propertis sought to be partitioned, had been valued by the plaintiffs at Rs. 800, a preliminary decree was passed ex parte by the Munsif and a Commissioner was appointed for effecting the partition. From the evidence adduced by the plaintiffs it appeared to the Commissioner that the properties to be partitioned were worth more than Rs. 4,700 (which was beyond the pecuniary jurisdiction of the Munsif) and the Commissioner submitted a report to that effect. The defendants then filed an application unsuccessfully before the Munsif not to pass any final decree in the suit on the ground that the suit was beyond his pecuniary jurisdiction. Thereafter the plaintiffs moved the District Judge to transfer the suit from the file of the Munsif to that of a Subordinate Judge. This application for transfer was, however, refused. The defendants on these facts obtained the present Rule on the plaintiffs to show cause why the order of the Munsif dated F...
Jitendra Lal Banerjee Vs. Emperor
Court: Kolkata
Decided on: Mar-21-1933
Reported in: AIR1933Cal458
Panckridge, J.1. The petitioner in this case has been convicted under Section 18, Press Emergency Powers Act, 1931, of keeping for distribution unauthorized news sheets. The facts are that the petitioner's house was searched on 7th June 1932. In the course of the search were found among other things sixteen small card photographs. The photographs represented persons killed in the course of the Chittagong Armoury Raid. Below the photographs are given their names and ages and the places where they met their deaths. Moreover, in the case of one of them there is also a statement that he committed suicide to escape arrest. Both the Courts below have found as a fact that the photographs were kept for distribution and we have no doubt that this finding is correct.2. The only ground upon which the petitioner has obtained this Rule upon the Crown to show cause against the order of conviction is that the articles seized are not unauthorized news-sheets within the meaning of the section. It is co...
Mangal Namadas Vs. Kali Sundar Bhadra and ors.
Court: Kolkata
Decided on: Mar-21-1933
Reported in: AIR1933Cal525
Mukerji, J.1. I am of opinion that the decision complained of in this appeal is correct. The tenant holds under a kabuliyat executed in 1905. An argument has been advanced to suggest that the contract embodied in this kabuliyat was void because there is nothing to show that there any consideration passed. I am not prepared to entertain this contention at this stage because the specific grounds upon which the kabuliyat was challenged in the Courts below were grounds to the effect that it was not genuine and also in the alternative, that it was executed by the defendants without knowledge of its contents, grounds which have been overruled by both the Courts below. The kabuliyat therefore must be treated as embodying the binding contract between the parties. That being the position, the other facts of the case have got to be examined in order to deal with the other arguments that have been addressed to me on behalf of the appellant. The tenancy concerned in the present case is a very old ...
Abdul Latif and ors. Vs. Hamed Gazi and ors.
Court: Kolkata
Decided on: Mar-21-1933
Reported in: AIR1933Cal898
Mukerji, J.1. The suit, out of which this appeal has arisen, was instituted by the plaintiff's for a declaration of their karsha right in the lands in suit and for evicting defendant 1 therefrom. The plaintiffs case was as follows: They inherited the karsha from their predecessor Nawab Ali, who was a tenant under one Amibikacharan Bhattacharjya, and others and one Kanai Khan was an under-raiyat under Nawab Ali. The interest of Ambikacharan Bhattacharjya and others was subsequently purchased by defendant 2. On the death of Kanai Khan, they sued the heirs of Kanai Khan and certain mortgagees from Kanai Khan for khas possession and obtained a decree against the said heirs only, but not against the mortgagees who disclaimed all interest. They obtained khas possession in execution and settled the land with defendant 3. Then there was a proceeding under Section 145, Criminal P.C., in which the possession of defendant 1, who was said to be a bargadar under the mortgagees, was maintained. The ...
Emperor Vs. Satish Chandra Dutta
Court: Kolkata
Decided on: Mar-20-1933
Reported in: AIR1933Cal456
ORDERGuha, J.1. This is a reference by the learned Additional Sessions Judge, Dacca, under Section 438, Criminal P. C, recommending that; an order of the Deputy Magistrate of Dacca, convicting the accused Satish Chandra Dutta under Section 5, Indian Medical Degrees Act (Act; 7 of 1916), and sentencing him to pay a fine of Rs. 100 or in default to undergo simple imprisonment for one and half months, should be set aside by this Court for reasons stated in the letter of reference. The facts of the case giving rise to this reference have been set out in detail in the judgment of the trial Court; and the main question for determination in the case was whether the accused issued diplomas giving the persons to whom they were granted to understand that he (the accused) was conferring degrees in allopathy whereby one would be entitled to practice western medical science, within the meaning of Section 4, Indian Medical Degrees Act. Section 4 of the Act provides that no person, save as provided b...
Radhika Mohon Gope Vs. Hari Bashi Saha and ors.
Court: Kolkata
Decided on: Mar-16-1933
Reported in: AIR1933Cal812
Mukerji, J.1. In 1915 plaintiff obtained a decree for money against the husband of defendant 2. In 1918 the plaintiff in execution of the said decree purchased three properties and took symbolical possession thereof through Court. In 1928 defendant 1 applied for getting his name registered in respect of two of the properties on the allegation that he purchased them from defendant 2 who had obtained them from her husband under a deed of gift. The plaintiff also applied for mutation of his own name in respect of all the three properties. The result of the proceedings was that the name of defendant 1 was recorded in respect of the two properties that he had purchased, and the name of defendant 2 remained recorded as regards the third one. Thereafter the two defendants caused obstruction to the plaintiffs' possession. On the above facts the plaintiff sued for declaration of title and for recovery of possession of all the three properties. He challenged the gift by defendant 2's husband in ...
Jullu Rahman Shaikh Vs. Tenee Shaikh and ors.
Court: Kolkata
Decided on: Mar-16-1933
Reported in: AIR1933Cal882
Mukerji, J.1. In this case, the District Judge, while finding on all points in plaintiff's favour as regards a right of way which he claimed as an easement in a suit for declaration of such right and for an injunction restraining the defendants from putting up an obstruction on it and also for other consequential reliefs by demolition of a structure which he had already put upon it, has dismissed the suit on the ground that the defendant's landlord had not been made a party to the suit. The District Judge has relied upon the decision of this Court in the case of Haran v. Ramesh Chandra AIR 1921 Cal 622. The question to be considered in this case is the scope, authority and applicability of that decision.2. The learned advocate for the respondent in this appeal has placed before me a decision of this Court in the case of Madon Mohan v. Ahshoy Kumar (1910) 5 IC 23, in support of his contention that as a general proposition no suit for declaration of an easement and for other consequentia...
Kristo Behary Dutt Vs. Sarojini Dassi
Court: Kolkata
Decided on: Mar-16-1933
Reported in: AIR1933Cal858,147Ind.Cas.473
1. The question in controversy in this case relates to the inheritance of the ayautuka stridhan of one Radharani Dasi, a widow governed by the Dayabhaga school of Hindu law. The plaintiff is the son of Radharani's step-daughter. The defendant sets up jus tertii, and contends that on Radharani's death the property descended to one Gosto Behari, a son of Radharani's brother.Buckland, J.2. has dismissed the suit, holding that Gosto Behari was the preferential heir. At p. 158 of Mulla's Hindu Law, Edn. 7, are to he found two tables enumerating the two sets of heirs, the first set consisting of 5 groups of heirs, in their order in respect of ayautuka stridhan according to the Bengal school; and it is with reference to these tables that the matter will be discussed here. As regards the first three groups of the first table, no question arises in this case. Mr. Hazra's first contention on behalf of the appellant is that in Group 4 of the first table 'daughter's sons' should be read as includi...
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