Kolkata Court February 1943 Judgments
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Mritunjoy Roy and anr. Vs. Netai Chand Dutt and ors.
Court: Kolkata
Decided on: Feb-16-1943
Reported in: AIR1944Cal255
ORDERDas, J.1. This is an application on the part of the plaintiffs decree-holders and purchasers at the Registrar's sale held on 12th September 1942 for leave to pay in the balance of the purchase money after setting off the amount of their claim and costs and for confirmation of the sale and issue of the sale certificate in their favour and other incidental reliefs. The facts material for the purpose of this application are not in dispute and are as follows: On 2lst July 1936, the defendants Netai, Tarak and Barid executed a mortgage in favour of the plaintiffs to secure the repayment of the sum of us. 26,000 with interest thereon at 7-1/2 per cent, per annum with quarterly rests.2. On 18th August 1936 two of the defendants, viz., Netai and Barid executed a second mortgage on their shares in the mortgaged property in favour of the plaintiffs to secure the repayment of the sum of RS. 2500 with interest thereon at 12 per cent, per annum with quarterly rests. On 11th August 1938 one of ...
Kiron Chandra Bose Vs. Kalidas Chatterji
Court: Kolkata
Decided on: Feb-16-1943
Reported in: AIR1943Cal247
ORDER1. This rule is directed against an order made by the District Judge of Rangpur under Para. 12, Bengal House Rent Control Order of 1942. The petitioner's case is that he is a permanent resident of the town of Mymensingh and owing to war exigencies had to evacuate with his family to Rangpur during the summar months of 1942. He hired a house at Rangpur belonging to the opposite party at a rental of Rs. 44 per month. The petitioner states that the house was in a bad state of repairs and he was not allowed to use one of its rooms which was packed with things belonging to the owner; and although in normal times the house could not fetch more than Rs. 20 a month as rent, the opposite party with a view to make unreasonable profits compelled him to agree to pay Rupees 44 a month. The petitioner filed an application before the Sub-Divisional Magistrate of Rangpur who is a Rent Controller appointed by Government under the House Rent Control Order and the latter on inspection of the premises...
Subal Chandra Bhur Vs. Md. Ibrahim and anr.
Court: Kolkata
Decided on: Feb-16-1943
Reported in: AIR1943Cal484
ORDERDas, J.1. This is an application on the part of one Subal Chandra Bhur for stay of Suit No. 12 of 1948 pending in this Court in which he is one of the defendants. The facts leading up to the present application are as follows : By a deed of partnership dated 19th February 1940 three persons namely the petitioner, Khan Bahadur Md. Ibrahim and Musaji Mchamed Dadabhoy agreed to carry on a catering and supply business at the Military and Prisoners of War Camp at Ramgarh to fulfil certain contracts placed by the military authorities with Khan Bahadur Md. Ibrahim. Clause 18 of that deed of partnership provides for arbitration in case of dispute between the partners in the following terms:All disputes which shall arise between the partners or any of them or between any partner or partners and the legal representatives of any other partner or between their respective legal representatives and whether during or after the determination of the partnership and whether in relation to the inter...
Midnapore Zemindary Co. Ltd. Vs. Kumar Chandra Singh Dudhuria and ors.
Court: Kolkata
Decided on: Feb-11-1943
Reported in: AIR1943Cal544
Mitter, J.1. Perganah Goas, bearing touzi No. 523 of the Murshidabad Collectorate, is a permanently settled estate. It consists of 12 main divisions, called huddas. Each hudda had many sub-divisions consisting of groups of villages called Tarafs. Raja Debi Singh was the proprietor of the said estate just after the permanent settlement. Raja Udmant Singh, Raja Debi Singh's nephew got by inheritance 8 annas 3 gundas odd share in the said estate. At a partition effected in 1830 with his cosharers he got six out of the aforesaid 12 huddas exclusively to his share. Hudda Ikuri was one of those six huddas. Kumar Ram Chandra Bahadur succeeded him and continued to be the proprietor of those six huddas till 1850 when he sold the same to John Watson Laidly and James Dalrymple. At about the revenue survey, the navigable river Ganges, also called Padma, flowed through Pergunah Goas. The portion of the said pergunah to the east of the river fell within the district of Rajshahi and the western porti...
Sarat Chandra Mitra and ors. Vs. Santosh Kumar Haldar and ors.
Court: Kolkata
Decided on: Feb-08-1943
Reported in: AIR1944Cal145
Pal, J.1. These two appeals arise out of a suit under Section 106, Ben. Ten. Act. The dispute relates to the entries in Khatian No. 312 of mouja Sahapore, J.L.S. P.S. Behala. The khatian is Ex.20 in this case. It records defendant 2, Rai.Manmathanath Mitra Baha-dur, owner of touzj No.93 in 5 annas 6 pies share and defendant 3, Nagendranath Palit, owner of touzi NO.101 in 10 annas 6 pies share as the landlords, Kumudini Dasi as the tenant in possession, Rs.43-4-1 as the rent payable for the tenancy and 2.02 acres as the area of the lands comprising the tenancy. The status of the tenant is recorded as tenure-holder and the rent is recorded as liable to enhancement.2. The plaintiffs' ease is that their uncle Kedarnath Haldar was the real tenant. Their uncle Kedarnath Haldar and after him his widow Basanta Kumari having died before the Cadastral Survey leaving no children, they inherited the estate of Kedarnath and thus became entitled to and came into possession of the tenancy in question...
Sm. Kumud Bashini Guha Biswas W/O Jogesh Chandra Guha and ors. Vs. Far ...
Court: Kolkata
Decided on: Feb-08-1943
Reported in: AIR1943Cal223
ORDER1. This rule is directed against an order made by the Subordinate Judge, First Court, Alipur, dismissing the petitioner's application for re-opening of a mortgage decree under Section 36, Bengal Money-Lenders Act. The suit on the mortgage bond was instituted on 30th April 1935 and the final decree was passed on 22nd April 1936. On 22nd April 1937, the mortgage property was sold and it was purchased by the decree-holder himself. The sale was confirmed on May 1937 and the execution case was dismissed on part satisfaction. Sometime in September 1939, the decree-holder auction purchaser started a proceeding for delivery of possession of the property purchased under Order 21, Rule 95, Civil P.C., and this application was allowed on 1st October following. The whole controversy centres round the point as to whether the decree sought to be reopened was passed in a suit to which the Act applies within the meaning of Section 2(22), Bengal Money-Lenders Act. The Court below was of opinion th...
Shree Chand Daga Vs. Sohanlal Daga and ors.
Court: Kolkata
Decided on: Feb-05-1943
Reported in: AIR1943Cal257
Derbyshire, C.J.1. This is an appeal from the dismissal by Gentle J., on 30th June 1942 of an application by the plaintiff Shree Chand Daga to have the decree dismissing his suit on 19th May 1942, set aside. The facts which led up to these two dismissals are as follows: The plaintiff Shree Chand Daga claims to be the owner of, or beneficially interested in, certain ornaments and jewellery which he says are worth about rupees six lacs. He says that one Motilal Kothari, his maternal grandfather, and one Pani Bai held the said ornaments and jewellery in trust for him; that in December 1932, the two trustees Motilal and Pani Bai made over the jewellery to defendants 1, 2, 3 and 4 for the purpose of effecting a composition between Motilal and his creditors, and that the said defendants agreed to return the jewellery if no composition took place. He alleges that no composition in fact took place and the ornaments and jewellery were not used for the purpose for which they were made over; the ...
Chaparaddi Alias Saparaddi Gazi Vs. Kabil Molla, Receiver of Estate of ...
Court: Kolkata
Decided on: Feb-03-1943
Reported in: AIR1943Cal244
1. The facts giving rise to this appeal may be shortly stated as follows : One Kabil Molla, whose heirs the present respondents are, instituted a suit in the Court of the Subordinate Judge at Alipore for recovery of money due on a mortgage bond against two persons viz., Saparaddi Gazi the appellant before us, and his brother Dhonai Gazi. The suit was registered as Title Suit No. 5 of 1933. On 12th April 1933, Kabil Molla was appointed a receiver in respect of the mortgaged property pending the hearing of the suit and the writ of possession was delivered to him on 28th April following. The suit itself was disposed of on 19th February 1934, and there was a decree made in favour of the plaintiff. The plaintiff, however, continued to remain in possession of the property as a receiver and it appears that he assigned the decree to his wife who started execution proceedings in connexion with the same. On 22nd July 1935, the receiver for the first time submitted accounts in Court. The Court ma...
Ram Tarak Singha and anr. Vs. Salgram Singha and ors.
Court: Kolkata
Decided on: Feb-02-1943
Reported in: AIR1944Cal153
Pal, J.1. This appeal is by defendants 1 to 7 in a suit for recovery of arrears of rent of an occupancy holding for the years 1342 to 1845 B.S. Originally the rent of the holding was Rs.31-2-0 and 7 1/2 maps of paddy per annum. In 1923, on the application of the tenant defendants under Section 40, Ben. Ten. Act, the paddy rent was commuted into money rent and as a result of this commutation the total rent of the holding was settled at Rs.85 per annum. In the present suit the plaintiff claims rent at Rs.85 per annum. The defendants claim a reduction of this rent under Section 38, Ben. Ten. Act, on the ground that; there has been a fall, not due to a temporary cause, in the average local prices of atapk food crops during the currency of the present rent: since 1924. In their written statement, para. 6, they ascribe the fall in the price to the world economic depression since 1386 B.S. The relevant portion of Section 38, Ben. Ten. Act, stands thus:38 (1), An occupancy raiyat may institute...
Meherdi Munshi Vs. Inspector, Co-operative Societies, Golpara Circle a ...
Court: Kolkata
Decided on: Feb-02-1943
Reported in: AIR1944Cal245
1. The plaintiff is the appellant in this case and the appeal arises with reference to a suit brought by the plaintiff for a declaration that an Order of contribution made by the liquidator of a certain co-operative banking society was null and void. The Order in question purported to have been made under the provisions of section 42 (2)(b), Co-operative Societies Act and was in respect of the sum of Rs. 261-7-0. The plaintiff's case was to the effect that there had been no proper compliance with the rules framed by the Government of Assam under section 43 of the Act as no proper enquiry had been held and no evidence was taken by the liquidator before the issue of the order.2. The suit was defended by the Inspector of Co-operative Societies, Goalpara, who had been appointed as liquidator of the society under the provisions of section 42 (1), Co-operative Societies Act. His case was to the effect that the suit was not maintainable, that it was barred by limitation and that contribution ...
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