Court : Allahabad
Decided on : Jan-18-1938
Reported in : AIR1938All321
Iqbal Ahmad, J.1. The question that arises for consideration in the present appeal is whether the defendants, who have certain groves in mahal Bakar Ali and mahal Gobardhan Das in village Pachenda Kalan, have a transferable right in the trees of those groves, and on the answer to that question depends the decision of this appeal. The difficulty in answering the question is occasioned not so much by the apparent conflict in the reported decisions of this Court concerning the rights of persons who have planted groves on their occupancy or non occupancy holdings or on lands let to them with the object of planting a grove, as by the fact that the question at issue in the present appeal has on previous occasions been the subject of decisions by Courts in litigations between the zamindar and the holders of the groves in the two mahals, and the decisions have by no means been uniform. In particular there is irreconcilable conflict between a decision of the Board of Revenue and a decision of t...
Tag this Judgment!Court : Allahabad
Decided on : Sep-16-1938
Reported in : AIR1939All141
Bennet, Ag. C.J.1. This is a first appeal by the receiver of the estate of Sri Behariji, an idol in Allahabad City, against a simple mortgage decree. The suit was brought by the plaintiff, Lala Manmohan Das, against three persons originally, defendant 1, Janki Prasad, son of Mukundi Lal, for himself and as mutwalli, manager and karkun of Thakurdwara Sri Behariji Maharaj, (2) Brij Mohan Das, son of Mukandi Lal, and (3) Munnu Lal minor, son of Brij Mohan Das. The original plaint set out that the plaintiff was mortgagee and the mortgagors were defendants 1 to 3. The date of the mortgage was 4th December 1926. The plaint set out further that one Mt. Lalta Bibi had caused a Thakurdwara to be constructed, and for defraying the expenses relating to the construction of the Thakurdwara and other expenses she borrowed from Bisheshar Das and Misri Lal Rupees 3000 under a mortgage deed of 15th July 1895 and constructed the Thakurdwara and installed Sri Behariji, the appellant, therein. Para. 4 set...
Tag this Judgment!Court : Allahabad
Decided on : Jan-10-1938
Reported in : AIR1938All266
Ganga Nath, J.1. This is defendant 1's appeal and arises out of a suit brought against him and defendant 2 Sudarshan Lal, respondent, by the plaintiffs respondents for damages, recovery of infringing copies and an injunction to restrain the defendants from infringing the plaintiffs' copyright. The plaintiffs are the printers and publishers of a book, Ex. 1, entitled 'Sachitra Bara Kok Shastra'. It was printed for the first time in 1928 and has run into four editions since. Defendant 1 printed and published Ex. 2, called 'Asli Sachitra Kok Shastra' in 1930. Defendant 2 is said to be the author of it. The plaintiffs' case is that Ex. 2 is a colourable imitation of their book Ex. 1 and has infringed the plaintiffs' copyright in Ex. 1. The defendants admitted the plaintiffs' copyright in Ex. 1, but not in the passages and ideas which they (plaintiffs) had bor. rowed from previous works. They contended that they had not infringed the plaintiffs' copyright. The trial Court found that the pla...
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