Kolkata Court March 1935 Judgments
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Kumar Raj Krishna Prasad Lal Singha Deo Vs. Barabani Coal Concern Ltd. ...
Court: Kolkata
Decided on: Mar-04-1935
Reported in: 163Ind.Cas.731
Derbyshire, C.J.1. It is admitted by Mr. Banerji that the question between the parties is in substance whether his client the plaintiff shall receive and continue to receive royalties in respect of coal raised for over a long period of years stated to be 999 years in the lease, the minimum royalty payable by the defendants to the plaintiff being Rs. 3,200 per annum. In my view that bring the value of the subject-matter of the suit in the Court of first instance over the amount of Rs. 10,000. The liability is of a recurring nature and the case is governed by the decision of the Privy Council in the case Surapati Roy v. Ram Narain Mukherjee 50 I.A. 155 : 73 Ind. Cas. 193 : A.I.R. 1923 P.C. 88 : 45 M.L.J. 219 : 50 C. 680 : 18 L.W. 681 : 33 M.L.T. 314 : 39 C.L.J. 26 : 28 C.W.N. 517(P.C.). Further the decree made by the Court directly or indirectly involves a claim or question to or respecting property of over the value of Rs. 10,000. This brings the matter within the second limb of Section...
Bhupendra Nath Kumar and ors. Vs. Joonus Haji Abdullah
Court: Kolkata
Decided on: Mar-04-1935
Reported in: 163Ind.Cas.812
1. This is an application for the revision of an order dated September 24, 1931, made by the learned Judge below dismissing a claim in execution proceedings under the following circumstances. The predecessor of the present petitioners obtained a money decree against the opposite party No. 2 for about Rs. 600. The opposite party No. 1 obtained another money decree against the same judgment-debtor for about Rs. 3,000. The petitioners put their decree into execution in Execution Case No. 268 of 1930 and attached certain properties including those now in suit on June 4, 1930. The opposite party No. 1 took out his decree into execution in Execution Case No. 228 of 1930 and attached properties now in dispute on September 18, 1930. On October 17, 1930, the judgment-debtor opposite party No. 1 made a private transfer of the properties in favour of the petitioners for about Rs. 4,500 and out of this money Rs. 3,400 was paid to a mortgagee who had taken the mortgage long before the attachment. R...
Biswambar Nama Vs. Abdul Majid Mea and ors.
Court: Kolkata
Decided on: Mar-04-1935
Reported in: 164Ind.Cas.785
M.C. Ghose, J.1. In this case the opposite party No. 1 purchased certain lands at an auction sale in execution of a rent decree. After the auction sale the petitioner applied under Section 174 of the Bengal Tenancy Act, to set aside the sale on the ground that he had purchased a portion of the lands. The auction-purchaser opposed the application denying that the petitioner had purchased any of the lands which were sold in execution. The trial Court allowed the petitioner's application. In appeal the learned Subordinate Judge has dismissed the petitioner's application.2. It is urged in this Court that inasmuch as the rent decree was for a sum less than Rs. 50, there would be no appeal against that decree under Section 153(b) of the Bengal Tenancy Act, inasmuch as the Munsif was vested with the powers under that section and since no appeal is allowed against the decree it follows that no appeal can lie in such a case against an order setting aside a sale or refusing to set aside a sale u...
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