Kolkata Court May 1950 Judgments
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Mono Mohon Das Gupta Vs. Sm. Umarani Sanyal
Court: Kolkata
Decided on: May-02-1950
Reported in: AIR1951Cal395,54CWN931
ORDERRoxburgh, J.1. This is a Rule against an order of a Judge of the Calcutta Ct. of Small Causes refusing to entertain an appln. made by an occupant of a premises against whom an order under Ch. VII, Presidency Small Cause Courts Act had been made by consent. The order in question was made on 16-3-1949, & the date for delivery of possession was fixed as 20-9-1949. The record shows that according to the procedure of the Ct. for the carrying out of the order the appct. in the proceedings under Ch. VII filed a writ of possession on 13-9-1949. The rules regarding the procedure are 109 & 110 in Vol. 2 of the Manual of the Court of Small Causes. The form of the rule is prescribed at p. 238 of the same volume. On 14-9-1949, that is on the following day, the deft, made an appln. purporting to be under Section 47, C.P.C. for permanent stay of the order. By consent, the actual date of delivery of possession was put off from time to time pending the disposal of the appln. finally, on 30th Novem...
Amar Nath Misra Vs. SreenaraIn Mansingka
Court: Kolkata
Decided on: May-02-1950
Reported in: AIR1951Cal442,54CWN617
Bose, J.1. The pltff. sues the deft for recovery of possession of premises No. 50, Burtolla Street, Calcutta, for arrears of rent, mesne profits & other reliefs. The pltf alleges that he is a lessee of premises No. 50 Burtolla Street. The deft. was a monthly tenant under the pltf. according to the Bengali calendar in respect of the said premises at a rent of Rs. 240 p. m. up to 14th Agrahayon 1855 B. S. (corresponding to 30-11-1948) & thereafter at the rent of Rs. 285 p. m. By a notice to quit dated 23-3-1949, the tenancy was terminated & the deft. was called upon to quit & vacate the premises at the expiry of the month of Chaitra 1355 B. S. corresponding to 13-4-1949. The deft. has without the consent or authority of the pltf. or his predecessor-in-interest sublet a major portion of the said premises for more than six consecutive months & is realising large sums as rents from the sub-tenants. The deft. has also failed & neglected to pay rents for the months of Jaistha, Assar, Sraban, ...
Manorama Dasi Vs. Sabita Dasi
Court: Kolkata
Decided on: May-01-1950
Reported in: AIR1951Cal357,54CWN848
Sen, J.1. This Rule has been obtained by the deft, against order passed by the Dist. J., Murshidabad directing her not to alienate certain properties without the permission of the Ct.2. The facts briefly are as follows : A suit was instituted 'in forma pauperis' by Sabita Dasi, a minor represented by her guardian, for a declaration that she was entitled to main, tenance out of the property of her deceased father and for a declaration of a charge for her maintenance on those properties. The property was in possession of her step-mother who inherited a limited interest in that property on the death of the father of Sabita Dasi. While the application for permission to sue as a pauper was pending, Sabita applied for an injunction against her step-mother restraining her from disposing of the property pending the disposal of the suit on the ground that if the property were disposed of in the meantime there would be nothing left upon which she could get a charge for her maintenance. She made ...
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