Kolkata Court May 1948 Judgments

Amulya Charan De Vs. Corporation of Calcutta and ors.

Court: Kolkata

Reported in: AIR1950Cal256

Sinha, J.1. This is an appeal against a decision of the second Subordinate Judge, Alipur, dated 28th September 1943 reversing a decision of the Third Munsif, Alipur, dated 8th April 1943 in T. S. No. 102 of 1942 decreeing the suit filed by the 'plaintiff, the Corporation of Calcutta, against the defendants.2. The facts out of which this appeal arises are as follows : On 6th October 1931, the Corporation of Calcutta (hereinafter referred to as 'the Corporation') leased out a piece of land measuring 10 cottabs 5 chittacks and 14 sq. ft. being portion of premises No. 58/1, Kansaripara Road and Nos. 9 and 10 Kundu Road in favour of one Dulal Chandra Nandan, Secretary of the Bhowanipur Youngmen's Association. An indenture dated 6th October 1931 was executed by the parties. The indenture recites that on 27th March 1923, the Corporation for the monthly rent of Rs. 6 agreed to permit the said Association to occupy and use the premises No. 58/1, Kansaripara Road as play-ground and that the less...

Debendra Nath Sen Vs. Ganendra Nath Bera

Court: Kolkata

Reported in: AIR1948Cal353

ORDERG.N. Das, J..1. This rule is directed against an order for pre-emption made by Mr. N.L. Shome, Subordinate Judge 2nd Court, Alipore, and dated 25-6-1947, passed in Miscellaneous Appeal No. 135 of 1947 affirming an order of Maulvi S. Ali Munsif, 1st Court, Diamond Harbour, passed in Miscellaneous Judicial Case No. 271 of 1946 (26F).2. The facts shortly stated are that an occupancy holding recorded in R.S. Khatian No. 54 of Pargana Sunderbans District 24-Parganas was purchased in 1910 by three brothers Murari Mohan Bera, Hari Narayan Bera and Kedarnath Bera.3. By a deed of partition dated 25-1-1926, between Murari Basanta Kumari, widow of Harinarayan, and Kedar Nath the said holding together with other lands was partitioned; the disputed holding was allotted only to Murari and Kedar Nath in demarcated shares.4. Kedarnath was later on adjudged an insolvent by the District Judge, 24-Parganas in Insolvency case No. 37 of 1930 and the estate of the insolvent became vested in the Officia...

Tahiman Bibi and ors. Vs. Midnapore Zamindari Co. Ltd. and anr.

Court: Kolkata

ORDERBlank, J.1. The facts from which this rule arises are the following. There was a sale of a certain property in May 1937. The present petitioners, the debtors, made an application under Section 37A, Bengal Agricultural Debtors Act, on 26-5-1943. There were certain mistakes in this application; The mistakes were corrected by another application, dated 13-8-1946. The Board allowed the mistakes to be corrected and ordered delivery of possession. The appellate officer dismissed the appeal, but on revision by the District Judge, the orders of the appellate officer and of the Debt Settlement Board were reversed.2. It is common ground that Section 37A, Bengal Agricultural Debtors Act, is applicable. The learned District Judge held, first, that there was no debt at the time of the order, the debt having been extinguished by the profits derived from the possession of the decree-holder from 1937 to 1943; and secondly that the application for amendment was more than one year after the time li...