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Kristocomul Mitter Vs. Suresh Chunder Deb
Court : Kolkata
Reported in : (1882)ILR8Cal556
Wilson, J.1. The facts in this case are as follows: Nilcomul Mitter, J., a brother of the plaintiff, was adjudicated an insolvent in the year 1860, but never obtained his final discharge. In 1862, by the death of his father, he became entitled to certain joint family property as one of three sons, and continued in undisturbed possession; and the Official Assignee never intervened or made any claim so long as the property was undivided. In 1876, the plaintiff and the third brother brought a suit against the widow and second brother, asking for partition. On the 13th May 1877, a decree for partition was made and carried out, and Nilcomul remained in undisturbed possession of his divided share, the Official Assignee making no claim. In June 1880, Nilcomul sold his interest to the present defendant, who, I find, bought in good faith, without notice, and paid full value. On the 4th December 1880 six months after, the plaintiff bought the same share from the Official Assignee for a small sum...
Tag this Judgment!Nallappa Goundan Vs. Ibram Sahib
Court : Chennai
Reported in : (1882)ILR5Mad73
Charles A. Turner, Kt., C.J. and Innes, J.1. In this case we hold the decree of the District Judge ought to be reversed.2. It was optional with plaintiff to register his document or not, but the provisions of Section 50 of the Registration Act III of 1877 affect alike documents which it is optional, as well as those which it is compulsory to register.3. Transactions, evidenced by documents of either description, are rendered of no effect by the subsequent execution and registration of a document relating to the same property.4. In Fuzludeen Khan v. Fakir Mahomed Khan I.L.R. 5 Cal. 336 the Judge of the High Court, from whose judgment that case came on appeal, based his judgment on the view that the vendor, having by the first sale parted with all interests in the property, had nothing to sell and sold nothing to the subsequent registered purchaser. But the Appellate Court held that the first sale was, according to the intention of the Legislature, subject to the risk of the title of the...
Tag this Judgment!Pran Nath Surma Jowardar Vs. Surrut Chundra Bhuttacharjee
Court : Kolkata
Reported in : (1882)ILR8Cal460
Bose, J.1. The following genealogical tree shows the relationship of the plaintiff and Grish Chunder as heirs to the deceased Roghu Nath: RAMGOPAL | RAM KANT ________________________|____________________ | | Ram Nath Kali Kant | | ____________________________ A daughter | | |Ram Mohun Roghu Nath | | Pran Nath (plaintiff)Bhoirub Chunder |A daughter |Grish Chunder.2. The defendant belongs to another branch of the family, but defends his possession of the land in suit against the claim of Pran Nath by asserting that Grish Chunder, and not Pran Nath, is the proper heir.3. This case raises a question of Hindu law as current in the Bengal school. The question is--Who is the preferential heir to Roghu Nath, deceased proprietor--his uncle's daughter's son, namely, Pran Nath, or his brother's son's daughter's son, namely, Grish Chunder4. The District Judge of Mymensingh, in appeal from the judgment of the Subordinate Judge, has held, in an elaborate and well considered judgment, that Grish Chun...
Tag this Judgment!Tara Prashad Coondoo and anr. Vs. Ghunshyam Singh
Court : Kolkata
Reported in : (1882)ILR8Cal466
Cunningham, J.1. In this case it was urged with regard to the year 1286 (1879), for which rent at an enhanced rate was claimed, that the Courts below ought to have dismissed the plaintiffs' claim altogether instead of giving them rent at the rate found to be the proper one. In support of this contention the rule laid down by the Privy Council in the case of Soorasoondery Dabee v. Golam Ally 15 B.L.R. 125; s.c. 19 W.R. 142 was brought to our notice; but we find that the application of that rule has been discussed in the subsequent cases of Brojonath Tewaree v. Grant 22 W.R. 13; Bhugwan Dutt Jha v. Sheo Mungul Singh 22 W.R. 256 and Bhubo Soonduree Chowdhrain v. Kasheenath Acharjee 22 W.R. 351 and that it has been held, that the rule prescribed by their Lordships in that case does not apply to cases where the suit is not simply a suit for enhancement, but a suit for rent at the old rate as regards some years and at an enhanced rate for others.2. We, therefore, think that the Courts below ...
Tag this Judgment!In Re: Preference from a District Judge Under Section 49 of the Genera ...
Court : Chennai
Reported in : (1884)ILR5Mad18
Charles A. Turner, Kt., C.J., Innes, Kernan, Kindersley and Muttusami Ayyar, JJ.1. The District Judge refers the question 'Whether a certificate of sale is to be stamped as a conveyance for a consideration equal to the purchase-money (No. 16 of Schedule I) in cases where existing encumbrances are reserved.'2. If it were necessary to determine the construction of Section 24, we should be inclined to hold that the view taken by the Board of Revenue in their Proceedings, dated 6th July 1881, and 21st September 1881, (a) is erronenous.3. The stamp duty on a conveyance is assessed on the consideration for the conveyance.4. A conveyance may be made in consideration of a present payment of money or delivery of stock or of a debt or of an undertaking in the future to pay money or deliver stock.5. Where there is such an undertaking the property is transferred subject to the payment.6. Where the property is under mortgage, the property is subject to the charge, but the transfer is not necessaril...
Tag this Judgment!Vellayan Chetti Vs. Tiruvakone and ors.
Court : Chennai
Reported in : (1882)ILR5Mad76
Charles A. Turner, Kt., C.J.1. Doubts having been felt whether mortgagees in possession of agricultural estates enjoy the privileges and are subject to the obligations of landlords under the Rent Recovery Act, the cases before us were referred to a Full Bench for decision.2. A review of the legislation respecting landlords and tenants of agricultural holdings discloses the anxiety of the Government to protect tenants from uncertain demands and at the same time a recognized necessity, in the interests of the public revenue, to entrust landlords with certain summary powers and processes for the realization of their dues. It also shows that the privilege to employ these summary powers and processes was restricted to such landlords as had fulfilled their statutory obligations, that certain landlords were debarred from suit if such obligations were not fulfilled, and that precautions were taken to secure to tenants injured by the exercise of summary powers prompt relief, and the responsibil...
Tag this Judgment!Gunda Reddi Narayana Reddi Vs. Kristna Doss Bala Mukunda Doss
Court : Chennai
Reported in : (1882)ILR5Mad87
Charles A. Turner, Kt., C.J.1. The plaintiff', respondent, has obtained the taluk of Narayanavanam in usufructuary mortgage from the Zamindar of Karvetnagaram. The mortgage deed contains the following clause:As the powers we possess under Act VIII of 1865 or which we may possess under any Act which may come into force in future in respect of the tenure of the village usufructually mortgaged with you as also all powers we have in any other manner are delegated to you hereby and by a power-of-attorney, * * * we and our successors shall confirm and ratify, as done by us personally, all lawful proceedings taken by you and those whom you may appoint on your behalf * * * in respect of granting pattas and cowles and taking muchalkas and collecting tirva and in respect of disputes arising in the several villages of the taluk.2. The power-of-attorney referred to is not produced, and the instrument of mortgage was not originally sent to this Court, but we have now obtained and perused it and hol...
Tag this Judgment!Subramaniyayyan Vs. Subramaniyayyan
Court : Chennai
Reported in : (1882)ILR5Mad125
Charles A. Turner, Kt., C.J.1. The facts of the case so far as they are material to the decision of this appeal are as follow:2. Ramayyan, respondent's father, and Setuvayyan owned a house, and the site on which it stood, in moieties.3. Ramayyan mortgaged his moiety to Saminadhayyan. It is not alleged nor proved that the mortgage debt was contracted for an [126] immoral or illegal purpose. It does not clearly appear whether Sundarappayyan, elder son of Ramayyan, joined with his father in the execution of the original mortgage, but after his father's death, when he was managing the property during the minority of his younger brother the respondent, he executed a mortgage in renewal of the original mortgage.4. Saminadhayyan brought a suit to enforce this second mortgage and obtained a decree in 1873 in execution of which the property was sold and purchased by him. In 1875 he sold the moiety of the property to Subramaniyayyan (appellant).5. The respondent claims to recover a one-half shar...
Tag this Judgment!Cally Nath Naugh Chowdhry Vs. Chunder Nath Naugh Chowdhry and ors.
Court : Kolkata
Reported in : (1882)ILR8Cal378
Pontifex, J.1. We are of opinion that the decision of the Court below is a correct decision, and that the testator's will contains a sufficiently clear gift to his grandsons living at his own decease.2. It is true that the testator endeavours to postpone the possessory enjoyment of his grandsons to a period of at least five years from his death; and that he directs an accumulation of the profits of his estate for a very, much longer period. But his will containing, as in our opinion it does, sufficiently direct words of present gift, the clauses in it which attempt to postpone the enjoyment in possession, and to direct accumulation, must be rejected or disregarded as inconsistent or repugnant.3. The fact that the estate is subjected to trusts or charges for partial purposes, such as the raising and payment of Rs. 400 per mensem for the maintenance of certain members of the testator's family; the substitution at the end of five years of a life-interest in a certain portion of the estate...
Tag this Judgment!In Re: NobIn Chundra Banikya and Vs. NobIn Chundra Banikya
Court : Kolkata
Reported in : (1882)ILR8Cal560
Mitter, J.1. The appellant has been convicted of the offence of abetment of murder (ss. 114 and 302 of the Penal Code) of a person named Muddun Banikya, and sentenced to transportation for life. The assessors were for acquitting the appellant. That, on the night of Friday the 8th Joist last (20th May); Muddun was murdered in his hut while asleep, and on the following morning his corpse was discovered with a ram-do lying near it, is proved beyond the possibility of a doubt. It appears that the appellant was suspected of having committed this murder, and was arrested by the Police on the 22nd May and challaned on the 30th May. On the 31st May the appellant made a statement to the Deputy Magistrate in charge of the Subdivision within which the murder was committed, confessing his guilt and implicating one Ramkristo Banikya and four other Mussulmans of his village. On the 7th June the Deputy Magistrate, under Section 347 of the Criminal Procedure Code tendered pardon to the appellant, who,...
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