Kolkata Court August 1953 Judgments
Chandra Nath Mukherjee Vs. Sm. Tusarika Devi and ors.
Court: Kolkata
Decided on: Aug-28-1953
Reported in: AIR1954Cal123
Benupada Mukherjee J.1. This appeal arises out of a suit for recovery of arrears of rent in respect of a 'seputni' tenure. The suit was originally instituted by one Promoda Kumar Banerjee as Receiver to the estate of deceased Nirmal Chandra Banerjee. 'Pro forma' defendants Nos. 2 to 4 are the heirs of Nirmal. Out of them 'pro forma' defendants Nos. 2(a) and 2(b) were substituted in place of the Receiver during the pendency of the suit in the Trial Court on an application dated the 25th July, 1949. It was alleged in that application that the entire 'darputni' under which the 'seputni' of the principal defendant was held was allotted to them in pursuance of a compromise decree passed in Title Suit No. 20 of 1949 of the Second Subordinate Judge's Court, Hooghly. The total claim was originally laid at Rs. 40312-11-17gds. It was ultimately reduced to Rs. 27711-8-1 pie by successive amendments.2. The suit was contested by the principal defendant who pleaded 'inter alia' that some payments we...
Tag this Judgment!Makhan Lal Chakraborty Vs. S.K. Chatterjee and ors.
Court: Kolkata
Decided on: Aug-28-1953
Reported in: AIR1954Cal208
ORDERSinha, J.1. This is an application which arises out of Civil Revision Case No. 1888 of 1953. That rule was taken out by the petitioner against the Secretary Board of Secondary Education West Bengal & four members of an 'ad-hoc Committee' appointed by the Board of Secondary Education, West Bengal, to administer the affairs of the Kanchrapara Boys' High School. The short facts are as follows. There is a School at Kanchrapara, called the Kanchrapara Boys' High School. It came into existence in 1949, and provides a High School education for nearly seven hundred refugee boys. The school was given provisional recognition by the University of Calcutta and the recognition was extended from time to time. The school was being run by a Managing Committee and the petitioner was the elected secretary thereof.2. On or about the 2nd June 1953, the first respondent, as the secretary of the Board of Secondary Education (hereinafter referred to as the 'Board') wrote to the petitioner, that the pres...
Tag this Judgment!Madanlal Bhanaranka Vs. Hamirmall Champalal and ors.
Court: Kolkata
Decided on: Aug-28-1953
Reported in: AIR1954Cal549
Braja Kanta Guha, J. 1. This appeal by the defendant arises out of a suit for ejectment and for recovery of damages. The appeal is being contested by the substituted respondents who purchased the disputed property during the pendency of the appeal in this Court.The original suit was filed before the Munsif, 3rd Court, Alipore on 23-2-48. The suit was decreed on contest on 28-5-51 and the defendant was directed to vacate the suit land within 90 days. Mesne profits were also decreed in favour of the plaintiffs. There was an appeal by the defendant before the District Judge and this appeal was heard by a Subordinate Judge, Alipore who dismissed the same on 21-4-52. Thereupon the present appeal was preferred by the defendant before this Court on 16-5-52.2. The plaintiffs' case is briefly that the defendant is a thika monthly tenant whose tenancy has been determined by notice. The notice was purported to have been served on 2-1-48 requiring the defendant to vacate the premises on the expiry...
Tag this Judgment!Sushil Kumar Chakravarty Vs. Rajendra Lal Bhattachariya and anr.
Court: Kolkata
Decided on: Aug-27-1953
Reported in: AIR1954Cal412
Lahiri, J.1. This appeal by the defendant under Clause 15 of the Letters Patent is directed against a judg-ment and decree of Mr. Justice Das dated March 24, 1948 whereby he has decreed a suit for eviction of the defendant.2. The facts leading up to this litigation are broadly these. On 7-6-1857, the predecessor of one Bibhuti Bhusan Roy granted a Mokarari Mourashi lease to the predecessor of one Jatindra Nath Bose in respect of 1051 bighas and 13 cottas of land in the Sunderban area. Out of this total area, 1000 bighas were actually assessed to rent at a progressive rate. On 12-7-1936, Jatindra Nath Bose granted a mokorari mourashi lease in respect of 8 bighas and 10 cottas out of the lands of his tenancy in favour of the defendant, Sushil Kumar Chakra-varty, at an annual rent of Rs. 17/ . The estate of Bibhuti Bhusan Roy was taken over by the Court of Wards and in execution of a certificate for arrears of rent, the tenancy of Jatindra Nath Bose was sold on September 5, 1938, under th...
Tag this Judgment!Sahadat Khan Vs. Mohammad Hossain
Court: Kolkata
Decided on: Aug-26-1953
Reported in: AIR1954Cal347,57CWN948
G.N. Das, J.1. This rule was obtained by the defendant petitioner and is directed against an order dated 17-6-1952 passed by Shri S. C. Sen Gupta, Chief Judge and Shri S. K. Roy, Judge 6th Bench. Court of Small Causes, Calcutta dismissing an appeal from an order dated 3-5-1952 passed by Sri P. M. Lahiri, Judge, 2nd Bench.2. The facts are as follows:In 1951, the plaintiff opposite party instituted a suit for ejectment of the defendant petitioner on the ground that he reasonably required the portion of the premises No. 3 Ripon Lane, Calcutta held by the defendant petitioner as his tenant ata rent of Rs. 60 per month, for his own use andoccupation. The suit was valued at Rs. 720/- only. The suit was decreed ex parte on 14-1-1952 and in execution of the said decree the plaintiff opposite party took possession. The defendant petitioner thereupon filed an application under Order 9, Rule 13, Civil P. C. for setting aside the ex 'parte decree on the ground that no notice or summons of the suit...
Tag this Judgment!Union of India (Uoi) Vs. Gujrat Tobacco Co. and ors.
Court: Kolkata
Decided on: Aug-26-1953
Reported in: AIR1955Cal448,59CWN278
P.N. Mookerjee, J.1. This Rule is directed against a decree passed by the learned Subordinate Judge of Burdwan in Small Cause Court Suit No. 134 of 1951 allowing in part the plaintiffs' claim for compensation against the defendant Railway. The claim arose out of damages alleged to have been caused to a part of a consignment of Biri tobacco booked at Station Vadtal for carriage and delivery to the plaintiffs at Burdwan. The booking was under Risk Notes A and B and the usual defences were taken by the petitioner Railway denying misconduct, claiming protection under the Risk Notes and alleging non-service of the statutory notices. It was further pleaded that the plaintiffs' claim was excessive and was also barred by limitation. The learned Subordinate Judge overruled the defence contentions and decreed the plaintiffs' suit. He, however, disallowed the plaintiffs' claim for interest. Against the decree passed as aforesaid, the defendant Railway obtained the present Rule.2. In support of th...
Tag this Judgment!Deoki Prosad Khaitan Vs. Dulichand Asopa and ors.
Court: Kolkata
Decided on: Aug-26-1953
Reported in: AIR1954Cal532
1. The appellant Deoki Prosad Khaitan alias Deoki Nandan Khaitan, was a tenant in respect of a portion of premises No. 2, Shib Thakur Lane, Calcutta. The contractual rent was Rs. 370/- per month but a proceeding for standardisation of rent is pending in this Court in Civil Revision Case No. 2153 of 1952.2. On 24-2-1951, the Respondent No. 1, Dulichand Asofa and his brother Inderdiand Asofa, the predecessor of the other respondents claiming to be the landlords of the appellant instituted Ejectment Suit No. 456 of 1951 in the Court of Small Causes, Calcutta, for eviction of the appellant from the disputed premises and for recovery of arrears of rent and mesne profits.The main allegation in the plaint was that the appellant was a habitual defaulter and was not entitled to any protection under the Rent Control Act on account of his systematic defaults in the payment of rent.3. The defence inter alia was denial of the said allegation and a denial further that there was any relationship of l...
Tag this Judgment!Ajit Kumar Roy Vs. Surendra Nath Ghose
Court: Kolkata
Decided on: Aug-25-1953
Reported in: AIR1954Cal365,58CWN307
G.N. Das, J.1. This is an appeal by the defendant against a judgment and decree passed by Sri N. Banerjee, Subordinate Judge, 3rd Additional Court, Alipore, dated 11-8-1951.2. The plaintiff respondent instituted a suit for ejectment of the defendant on the allegation that the defendant was his tenant in respect of premises No. 91, Rashbehari Avenue since May, 1942 at a rent of Rs. 275/- per month; that the defendant failed to pay the rent for the period, July to September, 1949 and hence his tenancy was ipso facto determined under Section 12(3), West Bengal Premises Rent Control (Temporary Provisions) Act, 1948, that the plaintiff required the said premises bona fide for his own use and occupation. The plaintiff prayed for ejectment of the defendant, for a decree for arrears of rent and for damages at the rate of Rs. 15/- per diem since October, 1949, till delivery of possession. This suit was instituted on 6-1-1950, that is, at a time when the Rent Control Act of 1948 was in force.3. ...
Tag this Judgment!Lakshi Kanto Ghosh Vs. Surendra Nath Ghosh and ors.
Court: Kolkata
Decided on: Aug-24-1953
Reported in: AIR1954Cal483
G.N. Das, J. 1. This is an application under Section 115, Civil P. C. and Article 227 of the Constitution of India and is directed against an order No. 23 dated 30th May 1953 passed by Sri H. C. Ghose, learned Subordinate Judge, 1st Court, Hooghly.2. Plaintiff No. 1 Mahadeb Ghose, opposite party No. 11 in this Rule, and plaintiff No. 2, Lakhi Kanta Ghose, the petitioner in this Rule, filed a joint application for permission to sue as paupers. Along with the application they filed a copy of the proposed plaint alleging that the plaintiffs as reversioners were entitled to possession of the disputed property on the death of Benodini Dasi on the 28th of Jaistha, 1359 B.S. The plaintiffs prayed for declaration of their title and for recovery of possession, the claim being laid at Rs. 5750/-.3. The Court thereupon made an enquiry into the pauperism of the two plaintiffs Mahadeb and Lakhi Kanta. By an order dated 19th March, 1953, the learned Subordinate Judge came to the conclusion that plai...
Tag this Judgment!Sri Bansi Gopal Jiu and ors. Vs. Uday Chand Mahatab and ors.
Court: Kolkata
Decided on: Aug-19-1953
Reported in: AIR1954Cal113
Chakravartti, C.J.1. In this appeal under Clause 15 of the Letters Patent, two interesting points were canvassed before us, of which one was not considered by Mr. Justice Mookerjee, against whose decision the appeal is directed.2. The appeal is on behalf of the plaintiffs. They and defendants Nos. 3 to 17 held a raiyati tenancy under the Maharaja of Burdwan, comprising fiftysix bighas of land and carrying an annual rent of Rs. 48-13-0. The rent of the tenancy for the Bengali years 1338 to 1341 having fallen into arrear, the Court of Wards, who were managing the Maharaja's estate at the time, started a certificate proceeding which was Certificate Case No. 857 of 1934-35 and ultimately brought the properties to sale on March 11, 1935. At the sale, the lands were purchased by the Court of Wards themselves for only three pies. The sale was confirmed on May 11, 1935, and delivery of possession was taken on July 20, 1937, but it was only symbolical possession.3. In June, 1941, the Maharaja s...
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