Privy Council Court December 1949 Judgments

Autar Singh and Another Vs. Sir Mohammad Ejaz Rasool Khan and Others

Court: Privy Council

SIR LIONEL LEACH: This is an appeal by special leave from a decree of the Chief Court of Oudh, dismissing an appeal from an order passed by the Civil Judge of Lucknow in execution proceedings. The questions which arise are whether the Court's equitable jurisdiction to grant relief against penalties and forfeitures extends to the granting of relief in proceedings taken for the execution of a final decree for foreclosure, the decree having been passed by consent, and, if so, whether this is a proper case for the exercise of the jurisdiction. 2. On 16th January 1934, the appellants mortgaged three houses in Lucknow to Raja Sir Mohammad Ejaz Rasul Khan to secure an advance of Rs. 32,000. Possession of the houses was given to the mortgagee, who had the right to collect the rents from the tenants and, after providing for repairs, to appropriate the balance of the money received by him as rent in satisfaction of interest on the amount advanced. The mortgagors undertook to redeem the propertie...

Kanda and Others Vs. Waghu

Court: Privy Council

Reported in: AIR1950PC68

SIR LIONEL LEACH: The parties in this appeal are Dadra Rajputs, an agricultural tribe of the Montgomery District of the Punjab. The appeal arises out of a suit brought by the appellants in the Court of the Subordinate Judge, Montgomery, challenging the validity of a deed of gift, executed on 17th December 1938, by Mt. Rajan, defendant 1, in favour of her grandson defendant 2, who is the respondent in the appeal. 2. Defendant 1, is the widow of one Amira, who died in or about the year 1913. The respondent is the son of a daughter of Amira and defendant 1. On the execution of the deed of gift the respondent applied for mutation of names in the records kept by the land revenue authorities, but the Assistant Collector refused the application on the ground that, "a female has, under no circumstance, a right to alienate property by sale or by way of charity under a will, oral or in writing"; and his decision was upheld by the Collector on appeal. Thereupon the respondent filed a suit in the...

Shankarlal Patwari Vs. Hiralal Murarka and Others

Court: Privy Council

SIR JOHN BEAUMONT: This is an appeal from a judgment and decree of the High Court at Calcutta in its Civil Appellate Jurisdiction dated 23rd February 1944, reversing a judgment and decree of the said High Court in its Original Civil Jurisdiction in favour of Mangtulal Bagaria, the predecessor in title of the appellant, whereby it was ordered that the adult defendants personally and the infant defendants out of their shares in their joint family estate should pay to the said Mangtulal Bagaria the sum of Rs. 73,186 with interest and costs. 2. The facts leading up to the suit out of which this appeal arises are long and complicated and have been related in the judgments delivered by the learned Judges in the Court of Appeal in India. No useful purpose will be served by repeating them. The only matter which has been argued in this appeal relates to what was the exact decision given by the trial Judge, Ameer Ali J. 3. The suit was a suit by Mangtulal Bagaria for royalties due under a lease ...