Kolkata Court August 1944 Judgments
Ganges Manufacturing Co. Ltd. Vs. Smt. Radharani Dasi W/O Babu Suresh ...
Court: Kolkata
Decided on: Aug-30-1944
Reported in: AIR1945Cal89
Biswas, J.1. This is an appeal on behalf of defendant 1, the Ganges ., and is directed against the judgment and decree of the Subordinate Judge, Second Court, Hooghly, dated 2nd September 1940, affirming those of the Munsif, First Court, Hooghly, dated 21st July 1939. Both Courts gave the plaintiff, Srimati Radharani Dasi, a decree for rent, refusing the other reliefs for joint or separate possession which she had claimed. The sole question which has been canvassed in the appeal is as regards the rate of rent. The plaintiff claimed it at the rate stipulated in the head lease granted by her, while the defendant company who were in the position of sub-lessees in respect of the disputed tenancy admitted liability at the rate reserved by their sub-lease. Both sides agree that the tenancy is governed by the Transfer of Pro. perty Act,, and comprises a two annas two gandas two karas and two krants, that is to say, a 2/15ths share in three plots of niskar land, known as Rudrapara lands, in mo...
Tag this Judgment!Sudhir Krishna Ghose and anr. Vs. Satish Chandra Hui and ors.
Court: Kolkata
Decided on: Aug-29-1944
Reported in: AIR1944Cal418
Nasim All, J.1. On 14th May 1940 the appellants obtained a decree against the respondents in rent Suit no. 2 of 1939 in the Court of the Subordinate Judge at Midnapore for arrears of rent of a patni tenure. Before this decree the interest of the decree-holder appellants was sold away at a revenue sale and the judgment-debtors interest in the patni was transferred to some other persons with the result that the decree passed in the rent suit had the effect of a money decree. On 21st June 1940, the appellants put this decree into execution in Execution Case No. 14 of 1940. In the application for execution, the appellants prayed for realisation of the decretal amount by attachment and sale of certain properties belonging to judgment-debtors 6 to 9 and 25 to 28. These were properties other than the tenure in arrears. The properties were attached on 21st December 1940. On 9th January 1941 the Bengal Tenancy Amendment Act of 1940 by which Section 168A was introduced into the Act came into for...
Tag this Judgment!Brojendra Lal Ray, on His Death, Swarnamayi Ray and ors. Vs. Mubeswar ...
Court: Kolkata
Decided on: Aug-29-1944
Reported in: AIR1944Cal426
Nasim Ali, J.1. This second appeal arises out of a suit for recovery of arrears of rent. The defendants took settlement of 16 bighas 15 cottas 9 chittaks of land in the district of Outcher (a temporarily settled district in the Province of Assam) from the plaintiffs by executing a registered kabuliat on 10th Bhadra 1341 B.S., corresponding to 27th August 1934, for 15 years at an annual rent of Rs. 70. The Assam (Temporarily Settled Districts)Tenancy Act, 1935, came into force on 1st March 1937. On 26th July 1939, the plaintiffs instituted the present suit for recovery of arrears of rent from 1341 to 1345 B.S. at the stipulated rate of rs. 70 per year. The defence of the tenants is that they are not liable to pay more than Rs. 7-8-0 per year i. e., five times the annual revenue of the disputed lands in view of the provisions of Section 44 read with Section 3 (17) of the Assam (Temporarily Settled Districts) Tenancy Act, 1935. The Munsif held that the plaintiffs are entitled to recover r...
Tag this Judgment!ShamsuddIn Bhuya and ors. Vs. on Death of Haider Ali Bhuya One of His ...
Court: Kolkata
Decided on: Aug-25-1944
Reported in: AIR1945Cal194
B.K. Mukherjea, J.1. This is an appeal under Clause 15, Letters Patent and is directed against a judgment of Jack J., dated 1st March 1937. passed in appeal from Appellate Decree No. 247 of 1933. The appellants before us are the plaintiffs in a suit for recovery of a sum of Rs. 960 on enforcement of their rights of subrogation for having redeemed a prior mortgage existing upon the properties described in the schedule to the plaint. The material facts are not in controversy and may be briefly narrated as follows: In July 1901, there was a mortgage executed by one Kazamuddin, predecessor of defendants 1 to 37 in favour of the predecessors of defendants 38 to 42, in respect of several items of property including the properties in suit, to secure an advance received from the mortgagees. On 17th February 1914, the mortgagees instituted a suit in the Court of the Munsif at Lakhipur, in the district of Noakhali to enforce their mortgage, and this was registered as Title suit No. 295 of 1914. ...
Tag this Judgment!Sri Sri Iswar Sridhar Jieu Thakur Represented by His Shebait Jyoti Pro ...
Court: Kolkata
Decided on: Aug-17-1944
Reported in: AIR1945Cal268
Biswas, J.1. The first two appeals, F. A. 82 of 1939 and F. A. 40 of 1939, arise out of one and the same judgment which was pronounced by the Subordinate Judge, Second Court, Hooghly, on 9th November 1938, in a suit by a Hindu deity Sri Sri Iswar Sridhar Jiu Thakur for the recovery of money lent, while the third F. A. 4 of 1942, is from a judgment of the same Court, but passed by a different Judge, dated 17th November 1941, in another suit in which one Kumar Krishna Banerjee claimed a declaration of his right to act as a shebait of the said deity in succession to his father who had admittedly been one of its shebaits. The appeals have been heard together, as many common questions of fact and law are involved, but the deity is not a party to the third appeal. Both the suits were decreed by the Court below.2. In F.A. 40 of 1939, which is the main appeal in the money suit, the appellants are defendants 1 and 2. sons and heirs of the original borrower, Suresh Chandra Mookerjee, whose estat...
Tag this Judgment!Sailendra Nath Bhattachrjee Vs. Bijan Lal Chakravarty and ors.
Court: Kolkata
Decided on: Aug-10-1944
Reported in: AIR1945Cal283
B.K. Mukherjea, J.1. This appeal is on behalf of the plaintiff and it arises out of a suit, commenced by him in the Court of the 1st Munsif at Howrah, for declaration of his permanent tenancy rights in the lands in suit and for a permanent injunction restraining defendant 1 from taking khas possession of the same, in execution of the decree obtained by the latter against the plaintiff's landlords, in Title Suit NO. 466 of 1933. There was a further prayer for declaration that the decrees obtained in Title Suit No. 466 of 1933 as well as in another apportionment suit, being Money Suit No. 140 of 1929, were not binding on the plaintiff. The facts which are material for our present purposes may be stated as follows: The subject-matter of dispute is a small plot of land measuring 4 cottas which is a part of a bigger plot having an area of 25 bighas situated in the town of Howrah and known by the name of Choudhurybagan. The entire Choudhurybagan belonged in rent-free right to four sets of pr...
Tag this Judgment!Shila Pal (Minor) and ors. Vs. Comilla Banking Corporation Ltd. and or ...
Court: Kolkata
Decided on: Aug-10-1944
Reported in: AIR1945Cal434
B.K. Mukherjea, J.1. This appeal is on behalf of some of the judgment-debtors, and it is directed against an order of the Sub-Judge 3rd Court, Comilla, dated 21st November 1941, dismissing an application made by the appellants, for setting aside an execution sale under Order 21, Rule 90, Civil P.C. The material facts lie within a short compass and may be stated as follows: The respondent Bank advanced a sum of Rs. 57,000 to Babu Saroda Sundar Pal the father of the appellants on a pronote dated 7th August 1933. On the borrower failing to pay the money, a suit was instituted by the Bank on the basis of the pronote, in August 1936. Pending the hearing of this suit, Saroda died and his six sons were brought on the record, as his heirs and successors-in-law. A decree was passed on 29th September 1939, against these six sons, for a sum of Rs. 69,904 which was to be recovered from the assets of their late father in their hands. The decree was put into execution on 29th September 1939, and 38 ...
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