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Chundhurry Maity and ors. Vs. Gobind Lall Seal and anr.
Court : Kolkata
Reported in : (1883)ILR9Cal172
Tottenham, J.1. This is an appeal against the decree of the Subordinate Judge of Midnapore, setting aside a patni sale on the ground of certain irregularities, which the Court below considered to have been established, and which it thought had been the cause of the patni being sold for an inadequate price.2. As to the irregularities found by the lower Court, we think that there is only one with which we need deal. As to the others we doubt whether they should be held to be irregularities at all; and even if they are, we do not think that the plaintiff's, the patnidars, can be said to have sustained any injury therefrom. The material irregularity, however, upon which the lower Court's decree must stand or fall is that relating to the service of the notice under Section 8 of the Patni Regulation. The Regulation requires that there shall be a threefold publication of the notice: A notice is to be published in the Collector's office; a similar notice is to be stuck up at the Sadr Cutchery ...
Tag this Judgment!Tirthanund Thakoor Vs. Herdu Jha
Court : Kolkata
Reported in : (1883)ILR9Cal252
Tottenham, J.1. In this appeal it has been contended that the lower Appellate Court has wrongly given the defendant-respondent the benefit of the presumption prescribed in Section 4 of the Rent Act VIII of 1869, although his tenancy commenced less than twenty years before the suit was brought, and he did not, as found by the Judge, acquire the land by any transfer from the previous tenant.2. The words of the section are sufficiently plain; and seem to us to entitle the holder of the land for the time being, however, he may have acquired it, to the benefit of the presumption, if he can show that there has been a continuous and uniform payment of the same rent for 20 years. This interpretation is not inconsistent with what has been decided in this Court in previous cases, though in those cases it was not necessary to lay down more than this, that the holding of the ryot, or of some person through whom he claims, for a period of 20 years, was enough to raise the presumption.3. In the pres...
Tag this Judgment!Jirjudhun Roy and ors. Vs. Bal Mokoond Lall and anr.
Court : Kolkata
Reported in : (1883)ILR9Cal271
Mitter, J.1. This suit was brought to set aside a revenue sale held under Act XI of 1859 on the ground that the sale was made contrary to the provisions of the aforesaid Act, and that the plaintiffs had sustained substantial injury by reason of the irregularity complained of in the plaint. The suit was brought under the provisions of Section 33 of the Act. The lower Court has awarded a decree in favour of the plaintiffs. It has found that the notification required to be affixed in the Court of the Judge of the District, and in the Office of the Collector under Section 6 of the Act was not affixed 30 days before the date fixed in the notification for holding the sale. The lower Court has further found that the notifications required by Section 7 of the Act to be affixed in his own office, as well as in the Munsif's Court and Police Thanahs within which any part of the estate is situated, as also at the cutcherry of the owner of the estate, or at some conspicuous place upon the estate, w...
Tag this Judgment!The Empress Vs. R.P. Counsell
Court : Kolkata
Reported in : (1882)ILR8Cal896
Wilson, J.1. Refused the application, saying that, in a criminal case, the issue of a commission would he a most unsatisfactory course of proceeding, and one dangerous to the interests of the prisoner....
Tag this Judgment!Puthenpurayil Kuridipravan Kanara Kurup Vs. Pathenpurayil Kuridipravan ...
Court : Chennai
Reported in : (1882)ILR5Mad310
Innes and Kernan, JJ.1. We think that the clause to the effect that the property should be surrendered whenever the money is ready is not sufficient to show that it 'was the intention of the parties to enter upon a contract of mortgage differing in its incidents from the ordinary kanam mortgage whereby the mortgagee has a period of twelve years' occupancy before he can be redeemed.2. In a document in which the word kanam is used to express the nature of the engagement and in which provisions are introduced for compensation for improvements which point to a period of occupancy such as is usual under kanam, it seems to us that the clause relied on by the plaintiff must be read as referring to a period subsequent to the expiration of the usual twelve years.3. Having regard to the other terms of the document, it is not sufficient by itself to show that it was the intention of the parties that the kanam should ensure as what is called a kattakanam which is redeemable at any time after its c...
Tag this Judgment!Purreshnath Biswas and ors. Vs. Beepen Chunder Shickdar and ors.
Court : Kolkata
Reported in : (1883)ILR9Cal98
Field, J.1. This is an appeal against an order of the Munsif refusing to set aside a sale. The application to set aside the sale was made on the ground that there had been substantial irregularity in publishing the sale-proclamation, and that the judgment-debtor in consequence of such irregularity, sustained substantial injury. The irregularity is said to consist in this, that the sale-proclamation was not published in the village. Three of the persons, whose names were inserted in the peon's report as having been present when the sale-proclamation was published, were called on the part of the judgment-debtor, and they denied that any sale-proclamation had been published in their presence. The other witnesses to the publication of the sale-proclamation were not called on behalf of the decree-holder; and there is in fact no evidence to show that the sale-proclamation was published, and no evidence to rebut the testimony given by the above three witnesses. Under these circumstances, we m...
Tag this Judgment!David Vs. Grish Chunder Guha
Court : Kolkata
Reported in : (1883)ILR9Cal183
Field, J.1. In this case the plaintiff is the proprietor of a sair mehal, or jalkar, which is No. 4000 on the rent-roll of the Furridpore Collectorate. The defendant holds under the plaintiff a patni, apparently of the whole of this property. The present suit is brought to recover the sum of Rs. 302-4 annas, on account of road cess and public works cess. A preliminary objection is taken that this is a suit of the Small Cause Court class, and therefore, as the amount is under Rs. 500, no second appeal will lie. It is contended that, with reference to the language of Clause 4 of the proviso to Section 6 of Act XI of 1865-'for any claim for the rent of land or other claim for which a suit may now be brought before a Revenue Officer,'-the claim in the present case is not a claim for which a suit could have been brought before a Revenue Officer at the time when Act XI of 1865 was passed. It is said, therefore, that the case does not fall within the proviso, but comes within the general word...
Tag this Judgment!Nihal Chand, Alias Chutto Lal, and ors. Vs. Rameshari Dassee
Court : Kolkata
Reported in : (1883)ILR9Cal214
Tottenham, J.1. The order against which this appeal has been preferred purports to have been passed under Section 243 of the Code of Civil Procedure, on the application of the judgment-debtor, on the ground that the judgment-debtor had brought a suit against the present decree-holders and others. The Court, in its discretion, stayed the execution of the present appellants' decree pending the decision of the regular suit brought by the judgment-debtor. It ordered that the attached property should remain under attachment, but proceeded to strike the execution-case off its file.2. It appears to us that the appellants have no right of appeal to this Court in this matter. They contend that it is an order determining a question between themselves and the judgment-debtor under Section 244, and that, that being so, the order amounts to a decree within the meaning of Section 2.3. We think that there are two reasons against this contention being allowed. First of all we think that an order stayi...
Tag this Judgment!Luchmiput Singh Vs. Amir Alum and ors.
Court : Kolkata
Reported in : (1883)ILR9Cal176
Tottenham, J.1. This is an appeal against a decree of the Subordinate Judge of Bhagalpore, ordering restoration to the plaintiff, respondent, as mutwali, of certain property alleged to be wuqf, which had been acquired by the defendant No. 1, appellant, by auction-purchase in execution of a decree held by the defendants Nos. 2 and 3 against the defendant, No. 4. The wuqf was created in 1872 by Shah Enayet Hossein, the late father of the defendant No. 4, and grandfather of the plaintiff The plaintiff, being a minor, the suit was, with the permission of the District Judge, instituted on his behalf by his sister, Bibi Fatema alias Bibi Nur Jehan.2. The defendant No. 4, Shah Asudulla Saheb, is the plaintiff's father.3. When the property was attached in 1873, the debtor filed a claim on behalf of the present plaintiff, objecting that the property was wuqf, and not liable to be sold, the debtor being only the manager thereof during the minority of his son, the mutwali. That claim, however, wa...
Tag this Judgment!In Re: the Matter of the Petition of Hemlota Dabee
Court : Kolkata
Reported in : (1883)ILR9Cal226
Field, J.1. This is an appeal against an order of the Judge of Nuddea refusing to grant probate of a will. The ground on which the Judge refused to grant probato is, that the witnesses signed before the testator's signature was affixed at his request. It appears that the witnesses first signed the will, which was then taken to the Sub-Registrar; and before the Sub-Registrar, the testator Girish Chunder requested Chunder Coomar Chatterji to sign for him, and Chunder Coomar Chatterji wrote his name for him accordingly at his request.2. It is now contended before us, on the authority of the case of Roy money Dassee I.L.R., 1 Cal., 150 and of Hurro Sundari Dabia v. Chunder Kant Bhuttacharjee I.L.R. 6 Cal. 17 that there is in this case a sufficient admission of the signature of the testator, because there is upon, the will an endorsement that the executor admitted the execution. Now this endorsement is signed 'Girish Chunder Banerji, by the pen of Chunder Coomar Chatterji.' Then come the wo...
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