Kolkata Court January 1936 Judgments
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Nrisingha Prosad Chatterji Vs. Girindra Nath Mukerji
Court: Kolkata
Decided on: Jan-24-1936
Reported in: 165Ind.Cas.941
1. These are appeals from a joint judgment of the Additional Judge of Nadia, allowing an appeal from a judgment of the Munsif at Krishnagar and dismissing two cross-appeals from the same Munsif in a connected case.2. In both disputes which were quarrels between neighbours in relation to a boundary, an injunction and damages were sought. In the first case which the Munsif dismissed, the relief claimed was found on an alleged covenant running with the land or in the alternative, and by way of an after-thought we think, upon an easement of necessity. In the second suit ho partly granted the relief asked for which eras based upon a complaint of conduct amounting to trespass and nuisance, and gave a small award in damages. It is to be noted that the two protagonists to this litigation are prominent local Pleaders. The whole of this litigation seems to have been permeated with sustained malice and it was of so protracted a nature (every conceivable issue relevant or otherwise being raised) t...
Chittagong Cotton Mills, Ltd. Vs. Amar Krishna Choudhury and ors.
Court: Kolkata
Decided on: Jan-23-1936
Reported in: AIR1936Cal195
1. This is an appeal by the defendant in a suit for recovery of arrears of rent in respect of land situated within the Municipality of Chittagong, on the basis of a registered kabuliat. The case of the plaintiffs in the suit was that the Chittagong Cotton Mills, Ltd., the defendant in the suit, by their Managing Agents, the Chittagong Trading Company, Ltd., and two of its Directors took a lease of the lands described in the plaint, by executing a kabuliat on 8th October 1926, and have been in possession as lessees thereafter. That in spite of repeated demands there was failure on the part of the defendant to pay rent due; and that the defendants were in terms of the lease liable for rent due at the date of the institution of the suit with interest at 25 percent per annum till realization. The claim of the plaintiffs was resisted by the defendant; and on the pleadings of parties, five distinct issues were raised on the merits of the case before the Court. The learned Subordinate Judge a...
Mahammad Fateh Nasib Vs. Saradindu Mukherjee
Court: Kolkata
Decided on: Jan-23-1936
Reported in: AIR1936Cal221
1. On 8th January 1930 the plaintiff applied for permission to institute a suit in forma pauperis for recovery of possession of a certain property with mesne profits on a declaration that the same was wakf property and that he was the mutawalli of the wakf. He valued the suit at Rs. 5,100. The application was entertained and notices were issued on the defendant and the Government Pleader. On 8th March 1930 the defendant filed an objection in which amongst other grounds it was alleged that the market value of the property was not less than Rs. 1,25,000. On 21st June 1930 the plaintiff filed the requisite court-fee on his plaint as framed, and on that the suit was registered as an ordinary suit. On 17th September 1930 the defendant filed his written statement, and on 6th November 1930 issues were framed, one of the issues being on the question of valuation of the suit. This issue was taken up as a preliminary issue; and evidence thereon being adduced the Subordinate Judge, on 31st March ...
R. S. N. Co. Ltd. and I. G. N. and Ry. Co. Ltd. Vs. Ram Kanai Madhab C ...
Court: Kolkata
Decided on: Jan-23-1936
Reported in: AIR1936Cal152
1. This is an appeal by the defendants in a suit described in the plaint filed in Court as a suit for compensation on account of the plaintiffs' cargo boats having been broken and sunk by a steamer owned by the defendants. The case of the plaintiffs, a firm carrying on business in the name and style of Ram Kanai Madhab Chandra Pat Radha Krishna Pal, Gobinda Chandra Pal, Krishna Kumar Choudhury Srinath Talukdar before the Court, was that in the month of December 1927, goods specified in detail in the plaint, belonging, to them, were being carried from Calcutta to a place named Kalaiya Bandar in a boat (Narain Majhi's boat), which reached the river to the south of a village named Karmakati, on 16th December 1927, a little after dusk, and lay at anchor beyond the usual track of steamers passing by the river there, with lights on it, visible from a distance. On that night between 9-30 and 11 p.m. the steamer 'Brahmin' of which the defendants the R.S.N. Co. Ltd., and the I.G.N. and Railway ...
Manikganj Trading and Banking Co. Ltd. Vs. Madhabendra Kumar Shaha and ...
Court: Kolkata
Decided on: Jan-23-1936
Reported in: AIR1936Cal162,166Ind.Cas.957
Bartley, J.1. This appeal arises from an order made in execution proceedings. The judgment-creditor respondents obtained a compromise decree against the appellant Bank on 25th July 1933. On 28th August 1933, an order was obtained from this Court under Section 153, Companies Act, directing the Company to convene a meeting of its depositors for the purpose of considering a scheme of arrangement between the Company and its depositors. At this meeting, held in November 1933, it was agreed that depositors should not be entitled to demand payment for a period of seven years, and that each depositor should, for the purposes of the scheme, be deemed to be a creditor for the amount shown to his credit in the books of the Company as on 30th July 1933 irrespective of whether he had obtained a decree or not. The scheme was sanctioned by this Court on 23rd February 1934. On an application by the Bank objecting to the execution of the decree obtained by the respondents, the Court of first instance h...
Jitendra Nath Ray Vs. Jnanada Kanta Das Gupta
Court: Kolkata
Decided on: Jan-22-1936
Reported in: AIR1936Cal277
Nasim Ali, J.1. Plaintiff's case is that he is the Zamindar of Taraf Kalia in the District of Jessore. He had a Kutchery in a village called Kalia. Defendant 1 was his Naib in that Kutchery from 18th Pous 1329 to 5th Falgoon 1335 B.S. He was dismissed on 6th Falgoon 1335. He made over all the papers and cash to the plaintiff. On examination of these papers and deducting the amount due to defendant 1 Rs. 1,747-5-9 was found due from defendant 1. The present suit is for the recovery of this amount. The defence of defendant 1 who contested the plaintiff's suit in the Courts below is that nothing was due from him and that he was entitled to get Rs. 1,076 from the plaintiff, namely Rs. 576 for his pay and Rs. 500 which be deposited with the plaintiff at the time when he was appointed Naib. The learned trial Judge dismissed the plaintiff's suit and passed a decree for Rs. 838-15-0 in favour of defendant 1. The plaintiff filed an appeal before the lower appellate Court and defendant 1 filed c...
Amulya Ratan Vs. Prosad Chandra Kar
Court: Kolkata
Decided on: Jan-20-1936
Reported in: AIR1936Cal143
R.C. Mitter, J.1. This appeal is on behalf of the decree-holder and arises out of proceedings started under Section 145, Civil P. C., against the respondent, a surety. The appellant instituted a suit, in the year 1929 on a promissory note against two persons, Krishna Chandra Roy and Hiralal Roy. The claim was laid at Rs. 759-6-0 in the plaint. He thereafter applied for attachment before judgment of a motor lorry belonging to the said defendants. On 13th November 1929 the Court issued on them the Roys, a notice to show cause why the said motor lorry should not be attached before judgment or they should not furnish security to the extent of Rs. 860 to cover the decree, if any, that may be passed against them. The said defendants appeared and offered to furnish security. They proposed the respondent and another person as sureties and the respondent and another person agreed to stand as sureties. They, the proposed sureties, executed in favour of the Court a surety bond dated 30th November...
Parbati Charan Mukhopadhya Vs. Bandeali Akon and ors.
Court: Kolkata
Decided on: Jan-17-1936
Reported in: AIR1936Cal155
R.C. Mitter, J.1. The question involved in this appeal is whether the plaintiff is entitled to get a decree for rent against the defendants as tenants at the rate of Rs. 76-12-7 a year or at the rate of Rs. 58-13-10 a year. It is admitted that the tenancy is a permanent tenancy. It is also admitted that Rs. 58-13-10 have been realized by the landlord from the tenants up to the year 1316. It is a finding of the Court that the origin of the tenancy is lost in obscurity, at least it was not created after the Transfer of Property Act came into force: and there is no registered document or any document showing the creation of the tenancy. The landlord's case is that at the time of the Settlement Operation under Ch. 10, Ben. Ten. Act, excess lands were found in possession of the tenants, that is to say, more land than what was stated in the collection paper of the landlord; and that in the year 1317, the tenants verbally agreed to pay additional rent for excess area, and the total rent was s...
Radharani Dassya and ors. Vs. Brindarani Dassya
Court: Kolkata
Decided on: Jan-17-1936
Reported in: AIR1936Cal392,165Ind.Cas.545
D.N. Mitter, J.1. This is an appeal against the decree of the Subordinate Judge of Dacca dated 20th April 1932 by which he dismissed the plaintiffs' suit for recovery of possession of about 16 gds. share of the estate of one Madhu Sudan Das, a wealthy banker and zemindar of the district of Dacca. The claim of the plaintiffs, who are appellants before us, turns on the legal effect of a document which was executed so far back as in the year 1877. In order to understand the questions raised by this appeal on behalf of the plaintiffs it is necessary to state a few circumstances which led to the execution of this document dated 29th September 1877 by Shyampeari Dassya in favour of Mohini Mohan Das, the eldest, son of the said Madhusudan Das. The relationship of the parties are shown in the following genealogical tree which is admitted by both parties.(See page 393)2. It appears from the said tree that Madhu Sudan Das died leaving him surviving five sons Mohini Mohan, Radhika Mohan, Lal Moha...
Parbati Charan Mukhopadhya and ors. Vs. Bandeali Akon and ors.
Court: Kolkata
Decided on: Jan-17-1936
Reported in: 162Ind.Cas.33
R.C. Mitter, J.1. The question involved in this appeal is whether the plaintiff is entitled to get a, decree for rent against the fendants as tenants at the rate of Rs. 76-12-7 a year or at the rate of Rs. 58-13-10 a year. It is admitted that the tenancy is a permanent tenancy. It is also admitted that Rs. 58-13-10 have been realized by the landlord from the tenants up to the year 1316. It is a finding of the Court that the origin of the tenancy is lost in obscurity, at least it was not created after the Transfer of Property Act came into force: and there is no registered document or any document showing the creation of the tenancy. The landlord's case is that at the time of the Settlement Operation under Chap. 10, Bengal Tenancy Act, excess lands were found in possession of the tenants, that is to say, more land than what was stated in the collection paper of the landlord; and that in the year 1317, the tenants verbally agreed to pay additional rent for excess area, and the total rent...
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