Kolkata Court November 1938 Judgments
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Abinash Chandra Gargary Vs. Raj Kumar Sardar and ors.
Court: Kolkata
Decided on: Nov-10-1938
Reported in: AIR1939Cal281
ORDERBiswas, J.1. This rule is directed against an appellate order of the learned Subordinate Judge of Khulna by which he allowed an application to set aside a rent execution sale under Section 174(3), Ben. Ten. Act. The applicant was an under-raiyat of the holding sold, and the main question raised in the case is as to his locus standi to make the application. He is opposite party No. 1 to this rule. The petitioner is the decree-holder who made the auction purchase himself. The raiyats judgment-debtors whose holding was sold are opposite parties Nos. 2 to 7. The petitioner's contention which succeeded in the first Court, but failed to convince the learned Subordinate Judge on appeal, was that opposite party No. 1 was not a person whose interest is affected by the sale' within the meaning of Section 174(3), and was not therefore competent to make the application. The main ground on which this contention was rested was that the lease (Ex. 1) under which the under-raiyati interest was he...
Bagala Nanda Dutta and ors. Vs. Shrish Chandra Nandy, a Ward of Court ...
Court: Kolkata
Decided on: Nov-10-1938
Reported in: AIR1939Cal278
S.K. Ghose, J.1. This rule arises out of the following circumstances : The petitioners brought a suit being suit No. 190 of 1937 in the Court of the Munsif at Lal bagh against the opposite party for setting aside a sale held in a certificate case and for an injunction restraining the opposite party, who was a purchaser at such sale, from taking possession of the property. The petitioner's case as set forth in the petition is that the property had been found to be worth at least Rs. 12,000 in another proceeding inter partes, but that it had been purchased by the certificate holder himself for one pice. The petitioners however were in possession. In this suit they prayed that the sale might be held to be illegal and might be set aside and, further, that a permanent injunction should issue restraining the auction-purchaser opposite party from taking possession on the basis of the said auction sale. The petitioners, accordingly, framed the suit under Section 7, Clause (iv), Sub-clause (c),...
E.C. Mathers Vs. G.S.A. Mathers
Court: Kolkata
Decided on: Nov-10-1938
Reported in: AIR1939Cal650
Panckridge, J.1. The petitioner in this case then Emma Caroline Finlayson, was married to the respondent, George Stanley Alexander Mathers, at St. Paul's Church, Airdrie, Lanarkshire, on 18-11-1901. The parties are domiciled in Scotland. At the time of the marriage the petitioner was 21, and the respondent 23 years of age. The respondent was then employed by the East Indian Railway, and his employment terminated in 1933. After the marriage husband and wife resided together at various places on the Railway, to which the respondent was posted. There have been four sons and two daughters born of the marriage. They are all surviving. The eldest child was born in December 1910, and the youngest in October 1921. Cohabitation ceased in October 1935, in circumstances with which I shall deal hereafter. On 28th January 1936, the present petition was filed under the Indian and Colonial Divorce Jurisdiction Act, 1926, the petitioner asking for dissolution of her marriage on the ground of her husba...
Nani Gopal Mukherjee Vs. Srish Chandra Nandy and ors.
Court: Kolkata
Decided on: Nov-09-1938
Reported in: AIR1939Cal600
S.K. Ghose, J.1. This rule is directed against an order of the learned Small Cause Court Judge at Sealdah overruling the petitioners' objection as to the execution of the decree. It appears that the opposite party landlord brought a rent suit, No. 1022 of 1930, in the Court of the Munsif at Ranaghat and impleading the petitioner as one of the defendants tenants. A decree was obtained add in execution thereof, opposite party No. 1 purchased the suit lands on 8th March 1934, the sale being confirmed on 24th April 1934. Before that date, opposite party No. 1 brought another rent suit against the same persons, being Bent Suit No. 790 of 1934 for the recovery of arrears of rent for the period 1337 to 1340. A decree was obtained on 26th July 1934. On 29th November 1937 this decree was transferred for execution to the District Judge of the 24-Perganas who again transferred it to the Court of Small Causes at Sealdah. The latter Court directed attachment of the moveable properties of the petiti...
Subodh Chandra Mallick Vs. Ajodhya Hatui and ors.
Court: Kolkata
Decided on: Nov-08-1938
Reported in: AIR1939Cal161
ORDERJack, J.1. This rule was issued calling upon the opposite party to show cause why the order, complained of in the petition, passed by the learned Munsif of Jhargram cancelling a sale and ordering a re-sale of certain property, should not be set aside on the ground that the learned Munsif had no jurisdiction to set aside the sale in exercise of his inherent power under Section 151, Civil P.C. The circumstances are as follows : On 29th November 1937, on the prayer of the judgment-debtor, waiving all objections to the issue of fresh sale proclamation, the case was adjourned to 15th December 1937, for sale. On 15th December 1937, it was similarly adjourned to 15th January 1938 for sale. On 15th January 1938, it was similarly adjourned to 15th February 1938 and on 15th February 1938, it was adjourned to 16th February 1938. On 16th February 1938, a petition was filed by a mortgagee asking permission to deposit provisionally to decretal dues. On this it was ordered:.Put up on 18th Februa...
Jyotish Chandra Sikdar and ors. Vs. Surendra Nath Das and anr.
Court: Kolkata
Decided on: Nov-07-1938
Reported in: AIR1939Cal153
Nasim Ali, J.1. This rule is directed against the order of the District Judge of Jessore, dated 26th March 1936, whereby the learned Judge has reversed the decision of the Second Court of the Munsif at Narail in a proceeding for setting aside the sale under Order 21, Rule 89, Civil P.C., and has dismissed the judgment-debtors petitioners' application for setting aside the sale tinder that rule. It is not disputed in this case that the money required to be deposited under Rule 89 was deposited by the petitioners in Court within the time prescribed by law. The only objection to an order being made in favour of the judgment-debtors petitioners is that theife was no formal application by them for setting aside the sale. Order 21, Rule 89, Civil P.C., evidently contemplates an application for setting aside a sale. The Munsif was of opinion that the challans by which the judgment-debtors deposited the amount required to be deposited under Rule 89 and which also set out the purpose of the dep...
Kirtibash Modak and ors. Vs. Rakhal Majhi and ors.
Court: Kolkata
Decided on: Nov-07-1938
Reported in: AIR1939Cal368
Sen, J.1. This appeal arises out of a suit for rent. The defendants are the appellants. The point for determination is fairly simple. Certain persons filed this suit for rent against the defendants on the footing that they were usufructuary mortgagees. The defendants raised various defences but only one of these defences need be considered at this stage. The defendants stated that the suit was bad for defect of parties, inasmuch as some of the other usufructuary mortgagees had not been made parties to the suit. They contended that all the landlords not having been made parties, the suit was bad as it did not comply with the provisions of Section 148-A(1), Ben. Ten. Act. At the time of hearing the other usufructuary mortgagees whose names are Amulya Majhi, Ram Pada Majhi and Rali Pada Majhi appeared as witnesses and disclaimed all interest in the mortgage. They stated that they were benamidars of the plaintiff and that they had no interest in the rent payable to the plaintiffs. The tria...
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