Kolkata Court November 1939 Judgments
Mahammed Rahul AmIn and ors. Vs. Dinabandhu Barnik and ors.
Court: Kolkata
Decided on: Nov-22-1939
Reported in: AIR1940Cal235
Roxburgh, J.1. The plaintiffs sued in this case for a declaration of their niskar right in the suit lands and for a declaration that they were not bound by certain decrees in cases relating to the lands under Section 105, Ben. Ten. Act, in which fair and equitable rents were fixed for them. The trial Court decreed the suit in full. On appeal, the suit was dismissed except in so far as there was a declaration that plaintiff 3 was not bound by the decrees in the Section 105 cases. The plaintiffs appeal, and there is a cross-objection by the defendant. The plaintiffs rely mainly on the following pieces of evidence. First that no rent has ever been paid for the lands; secondly on a judgment (Ex. 6) in a suit of 1847 in which there was a claim by the predecessors of the plaintiffs that they held two niskar grants, one of 1 drone 10 kanis and 3 gandas from one Md. Ali, and another of 2 drones 3 kanis 5 gandas from Ramballv, predecessor of present defendant 1; thirdly on a judgment Ex. 11, an...
Tag this Judgment!Shaikh Fazal Ellahi Vs. Shree Krishna Makkar and anr.
Court: Kolkata
Decided on: Nov-17-1939
Reported in: AIR1940Cal369
Derbyshire, C.J.1. This is an appeal against an order of Sen J., made on 29th May 1939 reported in in : AIR1940Cal26 , whereby he adjudged that the Sheriff was not in the circumstances entitled to any poundage. The Sheriff claimed poundage under Rule 77, Ch. 36 of the Rules of the Original Side of this Court which states:The fees to be allowed to the Sheriff and his officers shall be as follows:22. Poundage on sums levied by the Sheriff in execution or in the event of the claim being satisfied, compromised or settled, upon the amount of such satisfaction, compromise or settlement for the first 1000 rupees at 5 per cent, and for the rest at 2 1/2 per cent.2. The facts which led up to the claim were as follows: The decree-holder was the plaintiff in Suit No. 84 of 1931 in the Court of the Civil Judge of Benares, and on 1st June 1937, he obtained a decree against the judgment-debtor, who is the respondent in this appeal, for a sum of over two lacs of rupees. On 22nd January 1938, a precep...
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