Court : Allahabad
Decided on : Aug-09-1949
Reported in : AIR1950All52
..... that the reasonable rent therefore came to an amount in the neighbourhood of rs. 133. he alleged that even this was an inadequate rent and brought a suit under section 6 of the act for fixation of the rent at the rate of rs. 200 a month. the suit was thus in effect a suit for enhancement on the ground that the ..... the defendant enhancing rent to rs. 200.2. the court below has fixed the rent at rs. 132-9-s per month, which is .the reasonable rent according to the act. thus the court below has come to a finding that the reasonable rent is neither inadequate nor excessive. the suit being one for enhancement of rent on the ground that ..... orderseth, j.1. this is a defendant's application arising out of a suit under section 5 (4), u. p. temporary control of rent and eviction act, iii [3] of 1947. the premises were let to the defendant bank by a registered lease some time in the year 1943 at a rent of rs. 100 per month. .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-10-1949
Reported in : AIR1950All106
..... the application of the principle of res judicata in this case. it seems to me, however, that when the appellants claimed reduction of interest under section 30, agriculturists' relief act, it was the duty of the respondents to object and point out to the court that the transaction did not amount to a loan and, therefore ..... appear from the, judgment of the munsif that there was some amendment under the agriculturists' relief act at some time. however, if the amendment was under section 5, agriculturists' relief act, it would not help the appellants because under that section all that is required is that the judgment-debtor should be an agriculturist, it is not necessary ..... a decree was obtained by the plaintiff. when it was being put in execution, the defendant objected and prayed for reduction under section 30, u. p. agriculturists's relief act, xxvii [27] of 1934. under that section relief of interest can only be granted to an agriculturist where the transaction is a 'loan' as defined in that .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-10-1949
Reported in : AIR1950All57
..... was a final adjudication which determined the matter in regard to the controversy in suit and the order giving effect to this decision was a decree within the meaning of section 2(2), civil p. c. and an appeal lay against it.10. in sabitribai debi v. jugal kishore : air1938cal639 , the facts were that the heirs of certain pro ..... in its entirety, amounts to an adjudication of the rights of the remaining plaintiffs as in the present case, it will amount to a decree which would be appealable under section 96, civil p. c. that such a distinction exists will be clear from the trend of authorities of other high courts which are of a date later than that ..... that it has abated. the contention, on behalf of the appellants, is that the order of the trial court amounted to a decree and, therefore, an appeal would lie under section 96, civil p. c. learned counsel urges that a distinction has to be made between those orders dismissing the suit for abatement, which are merely orders and, therefore, cannot .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-11-1949
Reported in : AIR1950All69
..... whether he did in fact tender such advice and whether the advice was accepted by the governor. here we are again faced with a statutory bar since section 51 (4), constitution act provides;'the question whether any and, if if so what, advice was tendered by ministers to the governor shall not be inquired into by any court.'16 ..... it is stated that the hon'ble shri lal bahadur sastri, police minister, directed the issue of the order. under the rules made by the governor under section 53 (3), constitution act, it is the minister-in-charge of the portfolios of police and transport, consisting of the departments of police, home affairs and confidential matters relating to ..... would be no wrong recital if this was what was actually stated; it would merely be a recital in a form prescribed by statute.11. further, section 59 (2), constitution act provides: 'orders and other instruments made and executed in the name of the governor shall be authenticated in suck manner as may be specified in rules to .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-11-1949
Reported in : AIR1950All49
..... to that effect. apart from that, a mortgagee does not pay land revenue or local rate on his own behalf bat merely as an agent of the mortgagor. under section 76, t. p. act, act iv [4] of 1882, a mortgagee in possession, in the absence of a contract to the contrary, is liable to pay government revenue and all other charges ..... , then a mortgagee by reason of his paying local rate as mortgagee would not be entitled to claim the benefit of the u. p. agriculturists' belief act. according to section 199, agra tenancy act of 1926, a thekedar is a farmer or other lessee of the proprietary rights in land. this definition would not include a mortgagee or a lessee of ..... is said that if no interest had accrued due, then the payments must be taken to be payments towards the principal. we are not concerned with the interpretation of section 39 of the act and it is not, therefore, necessary for us to express any opinion. apart from the fact that, in our view, the interpretation placed by the lower court .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-11-1949
Reported in : AIR1950All88
..... did not put an end to the right of redemption. it was drawn up in accordance with the language of section 92, t. p. act, which provided for a preliminary decree for redemption in a mortgage suit. that section laid down that a court passing a preliminary decree for redemption shall order:'that if such payment is not made on ..... claim was not barred by limitation before passing a decree for redemption. in making an order for redemption, without recording this definite finding, the lower appellate court has acted illegally and with material irregularity in the exercise of its jurisdiction. a definite finding, one way or the other, on the point whether the claim was barred by ..... court, the plaintiff shall (unless the mortgage be simple or usufructuary) be absolutely debarred of all right to redeem the property ......'the preliminary decree, according to section 92, was thus to provide that the plaintiff shall be debar-red of all right to redeem the property on the happening of a certain contingency .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-18-1949
Reported in : AIR1950All80
..... special provision allowing a revision application to the high court from certain decisions of subordinate revenue courts has had to be incorporated in the u. p. tenancy act (vide section 276). this contention too cannot, therefore, prevail.32. the next argument was that when any inferior court exercises a jurisdiction not vested in it the ..... the same day the opposite party also filed an application by which it was prayed that the permission granted to mr. mathur under section 15(2) of the act be revoked. mr. kailash chandra, acting under section 151, civil p. c., made an order revoking the permission.5. dissatisfied with this order, mr. mathur applied to the ..... determined under two enactments relating to the constitution of civil courts in the province: they are the bengal, assam and agra civil courts act and the oudh courts act. section 3 of the former act which occurs in chap. ii, headed 'constitution of civil courts' reads as follows :'there shall be the following classes of civil courts .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-18-1949
Reported in : AIR1950All76
1. The answer of the Full Bench is to the effect that the self, acquired property of a Hindu father which his sons, who were joint with him, got on his death is in their hands joint family property and as between the sons and their descendants it is subject to all the incidents of a coparcenary. In our order of reference dated 12th April 1948, we held that Mt. Ram Dei defendant, had neither a right of residence nor the right of maintenance in the property which was the subject-matter of transfer by Ram Kumar to plaintiffs 1 and 2. This appeal must, therefore, fail on both the grounds urged before the Bench at the time of the hearring in 1943.2. The learned counsel for the appellant, however, now seeks further to challenge the sale made by Ram Kumar in 1940 in favour of plaintiffs 1 and 2 on the ground that it was not supported by legal necessity or by any antecedent debt. We are somewhat disinclined to permit fresh contentions being raised at this stage of the case. We prefer, however,...
Tag this Judgment!Court : Allahabad
Decided on : Aug-19-1949
Reported in : AIR1950All47
..... the learned judges in the case to which i have referred were not attempting to do more than to state in general terms the meaning and effect of section 2 (9) of the act, for the question be-fore them in that case which they, having in their own words 'cleared the ground,' proceeded then to consider was whether it ..... upon this statement, mr. jagnandan lal contending, if i understood his argument correctly, that the liability for the repayment of an advance is, within the meaning of section 2 (9) of the act, transferred to the purchaser at an auction sale of any part however small, of the mortgaged property because such a purchaser is 'interested in repayment of the ..... in execution of the decree obtained by the co-operative bank, been transferred to another person, and that therefore there was no loan within the meaning of section 2 (9) of that act. there was an appeal to the learned district judge of azamgarh who took a different view of the effect of the execution sale and allowed the appeal. .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-22-1949
Reported in : AIR1950All45
..... judge was of the opinion that hamid husain, having; failed to delay the proceedings further, had set. up his sister to file the objection under section 11, encumbered estates act. the learned special judge dismissed the application on the ground that the application was barred by time.2. learned counsel for the appellant has urged ..... result in creating complications and in doing injustice to certain creditors as against the others, we think that the language of the section is clear on the point. sub-section (2) of section 11, encumbered estates act, provides that if any person has 'a claim to the property' mentioned in such notice--that would obviously mean the ..... it is also admitted that several items of zamindari were transferred under sale deeds dated 19th march and 22nd march 1947, before the claim under section 11, encumbered estates act was filed. the learned judge was, therefore, right in his view that the application was barred by limitation having been made after the collector had .....
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