Mumbai Court October 1919 Judgments
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Manilal Dalpatram Vs. Nandlal Keshavlal
Court: Mumbai
Decided on: Oct-10-1919
Reported in: (1920)22BOMLR133
Norman Macleod, Kt., C.J.1. This case was rightly decided by the lower appellate Court. The original defendant who is now an insolvent took a lease from the plaintiff in 1894 for (sic) years, and it was agreed, that if on the expiration of the perl(sic) lessee again intended to keep the field on Santh from the lessor, the lessee might keep the field on Santh on the same conditions. That meant that in 1001 when the first term expired, the tenant had a right or the option to ask for a renewal for another seven years. The case of In re Purmanandas Jeewandas I.L.R.(1882) Bom. 109 is more directly in point than the English authorities we are referred to. Clearly whatever rights the appellant had between 1901 and 1908 to ask for specific performance of the agreement to extend the lease for another seven years, those rights must have come to an end after 1908. Thereafter he continued as an annual tenant. In any event no notice was given that he wanted to set up any such right as is claimed by...
Dolatsangji Surajmalji Darbar Vs. Bawabhai Damabhai Desai
Court: Mumbai
Decided on: Oct-09-1919
Reported in: (1920)22BOMLR127; 55Ind.Cas.585
Heaton, J.1. The case we are dealing with relates to one of those Talukdari villages in the Ahmedabad Collectorate which form a part of the estate of the Patri Darbar, and I gather from the judgments that the Patri Darbar is the Talukdar of this particular village, the name of which is Kamijla. It seems that in the year 1907, the Police authorities came to the conclusion that the village establishment of this village of Kamijla was insufficient for Police purposes, and that two Pagis aught to be added to that establishment. After correspondence, which it seems has been destroyed, but of which we have evidence in the Barnishi of the Government Offices, the Patri Darbar did appoint two Pagis for this village, and has since paid them at the rate of Rs. 5 a month each. The Patri Darbar is the plaintiff in this case. The defendant is the person who receives an eight annas share of the revenues of the village, but it seems he has never paid any portion of the cost of these two Pagis, and the...
Darbar Shri Dolatsingji Surajmali Vs. Desai Bavabhai Damubhai
Court: Mumbai
Decided on: Oct-09-1919
Reported in: (1920)ILR64Bom377
Heaton, J.1. The case we are dealing with relates to one of those Talukdari villages in the Ahmedabad Collectorate which form a part of the estate of the Patri Darbar, and I gather from the judgments that the Patri Darbar is the Talukdar of this particular village, the name of which is Kamijla. It seems that in the year 1907, the Police authorities came to the conclusion that the village establishment of this village of Kamijla was insufficient for Police purposes, and that two pagis ought to be added to that establishment. After correspondence, which it seems has been destroyed, but of which we have evidence in the barnishi of the Government offices, the Patri Darbar did appoint two pagis for this village, and has since paid them at the rate of Rs. 5 a month each. The Patri Darbar is the plaintiff in this case. The defendant is the person who receives an eight annas share of the revenues of the village, but it seems he has never paid any portion of the cost of these two pagis, and the...
Mahamad Ibrahim Vs. Shaikh Mahamad
Court: Mumbai
Decided on: Oct-07-1919
Reported in: (1920)22BOMLR124; 55Ind.Cas.557
Norman Macleod, Kt., C.J.1. The plaintiffs sued for accounts under the Dekkhan Agriculturists' Belief Act and redemption. Accounts were taken, and by the decree of the lower appellate Court the plaintiffs had to pay into Court the amount of Rs. 1,961-2-0 with interest at 6 per cent, on the principal amount of Rs. 1,895-0-5 from date of suit and costs of various kinds, the whole amount to be paid by instalments of Rs. 300 every year commencing from any date in January 1915. The plaintiffs were held entitled to recover possession of the property mortgaged at once, the mortgagee being liable to account for profits received from the date of suit till restoration of possession to the plaintiffs. The mortgagee has objected to that part of' the decree which gives him 6 per cent, interest on the one hand, and directs him to account for profits received from the date of suit till restoration of possession to the plaintiffs on the other hand. The argument was based on the decision of this Court ...
Mahamad Ebrahim Alias Allimiya Walad Mamamad Salya Hurjuk Vs. Shaikh M ...
Court: Mumbai
Decided on: Oct-07-1919
Reported in: (1920)ILR64Bom372
Norman Macleod, C.J.1. The plaintiffs sued for accounts under the Dekkhan Agriculturists' Relief Act and redemption. Accounts were taken, and by the decree of the lower appellate Court the plaintiffs had to pay into Court the amount of Rs. 1,961-2-0 with interest at 6 per cent, on the principal amount of Rs. 1,895-0-5 from date of suit and costs of various kinds, the whole amount to be paid by instalments of Rs. 300 every year in January 1915. The plaintiffs were held entitled to recover possession of the property mortgaged at once, the mortgagee being liable to account for profits received from the date of suit till restoration of possession to the plaintiffs. The mortgagee has objected to that part of the decree which gives him 6 per cent, interest on the one hand, and directs him to account for profits received from the date of suit till restoration of possession to the plaintiffs on the other hand. The argument was based on the decision of this Court in Ramchandra Venkaji Naik v. K...
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