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Rampria Debea Vs. Gunnes Chunder Hazra
Court : Kolkata
Reported in : (1880)ILR5Cal53
Mitter, J.1. The defendant in this case is owner of some 800 bigas contained in 56 plots scattered over four villages within the plaintiff's patni taluks, The plaintiff, considering himself entitled to enhance the rent of the lands in the possession of the defendant, served him with a notice, and the first point we have to consider in this appeal is, whether the notice is such as the law requires.2. The Courts below differ upon this point, the Subordinate Judge being of opinion that the notice is bad because it does not give any information to the ryot as to the ground of enhancement applicable to each of the plots in dispute.3. The District Judge considers that the notice is sufficient, in that it gave the defendant the information to which he was entitled by law, viz., that enhanced rent was claimed for the ensuing year, and that it was claimed on all the grounds mentioned in the law, and he goes on to say--'I think the object of the law is sufficiently fulfilled (the object not bein...
Tag this Judgment!Fuzludeen Khan Vs. Fakir Mahomed Khan
Court : Kolkata
Reported in : (1880)ILR5Cal336
Richard Garth, C.J.1. In this case we are unable to agree with the learned Judge of this Court. The suit was brought by the plaintiff to recover the rent of a jote from the ryot-defendant, upon the ground, that he had purchased the estate of the defendant's landlord. The plaintiff's purchase, as to which there was no dispute, was effected by a deed of sale dated in Cheit 1282 (March 1876), which was duly registered. It is found as a fact by the lower Court, that for sometime previous to the execution of this deed, the defendant had been the tenant of the property under a kabuliat, which he had given to the father of the plaintiff's vendor, and had since paid rent to the latter in accordance with the kabuliat. The defendant's case was, that, by another deed of sale, dated in Pous 1282 (December 1875), two months prior to the plaintiff's deed, the landlord had conveyed the same estate to him, the defendant; but this bill of sale was not registered.2. Upon these facts the District Judge h...
Tag this Judgment!Afatoolla Sirdar Vs. Dwarka Nath Moitry and ors.
Court : Kolkata
Reported in : (1879)ILR4Cal814
Jackson, J.1. It is not stated that evidence was given of any special custom in this point.2. The sale of the tenure would apparently pass all that was growing upon the land, unless the growing crops were excepted by the notification of sale, or else a custom was proved that the outgoing ryot should have the crops, subject to a payment for use and occupation of the land while they remained on the ground. If such a custom with tender of the proper amount was proved, the plaintiff might be entitled to recover, but otherwise he would not appear to have laid the foundation for a claim of damages, as the defendant merely cut down crops growing on his own land....
Tag this Judgment!Badan Bebajea Vs. Kala Chand Bebajea
Court : Kolkata
Reported in : (1879)ILR4Cal823
Jackson, J.1. It appears to us that this case should have been dealt with under Chap. xix, and Section 648 has no reference to it....
Tag this Judgment!Okhoy Coomar Chuttopadhya and ors. Vs. Mahtap Chunder Bahadoor
Court : Kolkata
Reported in : (1880)ILR5Cal24
Birch, J.1. This suit was brought to obtain a refund of the amount paid by the plaintiffs in excess of the rent due to the defendant for three years and a half, from the 1st Kartick 1277 to the end of 1280.2. The Subordinate Judge gave the plaintiffs a decree, holding that it was. proved that the plaintiffs had paid the whole of the patni rent to the defendant, and that they had done so to save their patni, which otherwise would have been placed in jeopardy by the proceedings taken under the Patni Regulation by the defendant. The Subordinate Judge proceeds to say, that 'the land was taken by Government before the plaintiffs' purchase, and there was no dispute as to the quantity of land taken. the plaintiffs from the time when the lands were taken were entitled to a deduction of rent for the 147 bigas of land so taken, and if, not with standing this, the Maharaja's agents continued to realize the rent of the land which had been taken, he can be justly called upon to repay what he receiv...
Tag this Judgment!Jussoda Kooer Vs. Lallah Nettya Lall
Court : Kolkata
Reported in : (1880)ILR5Cal43
Birch, J.1. In this case the Judge states that he is unable to grant a certificate, inasmuch as the witness called by Mussamut Jussoda admits that the father of the minor is alive, and, therefore, in the Judges opinion, it would be inadvisable to grant a certificate of guardianship to the mother. The Judge appears to have overlooked the fact that this case is governed by the Mithila law, and that, under that law, the mother is the person to whom the certificate should be granted in preference to the father. The Judge's order must be reversed, and he must be directed to grant a certificate to Jussoda as guardian of the person of the minor and as manager of the minors property, The appeal is allowed with costs....
Tag this Judgment!Deolie Chand and ors. Vs. Nirban Singh
Court : Kolkata
Reported in : (1880)ILR5Cal253
Ainslie, J.1. There can be no doubt that at the date of the mortgage there was a two-annas share held by the decree-holder, which has subsequently passed to the judgment-debtors, and which obviously could not be subject to the mortgage at the date thereof. The contract of the judgment-debtor was to hold fourteen-annas subject to a mortgage for the repayment of the debt due to the appellant. So long as he had only a twelve-annas share in his possession the mortgage security was of necessity reduced to that amount; but if at any time he became owner of fourteen-annas the creditor had an equitable right to demand that that fourteen-annas should be held subject to his mortgage. This principle has been distinctly recognized in the Specific Relief Act, and it appears to us that there can be no doubt that the decree-holder is equitably entitled to have security as far as it is possible for the debtor to give it, up to the extent of the fourteen-annas for which he contracted.2. We, therefore, ...
Tag this Judgment!The Empress Vs. NobIn Chunder Dutt
Court : Kolkata
Reported in : (1879)ILR4Cal865
Richard Garth, C.J.1. We find that, in the case referred to us, Nobin Chunder Dutt was bound to keep peace for the term of one year in his personal recognizance for the sum of Rs. 500. Within this term, certain other persons were charged with a breach of the peace before the Deputy Magistrate, who thereupon convicted Krishna Tappadar and others of an assault; and, although Nobin was not personally concerned in the offence, and was not made a defendant at the trial, the Magistrate decided upon the evidence that he (Nobin) had by the agency of the convicted persons caused that breach of the peace to be committed, and he thereupon called upon him to show cause why his recognizances should not be forfeited; and on his appearance in Court, he upon no further evidence [868] than that which was recorded on the prosecution of Krishna Tappadar and others declared the recognizances forfeited.2. The course prescribed by Section 502 of the Criminal Procedure Code (and by Section 293 of the former ...
Tag this Judgment!Heeralall Rukhit Vs. Ram Surun Loll
Court : Kolkata
Reported in : (1879)ILR4Cal835
Pontifex, J.1. I shall appoint an officer of the Court before whom the plaintiff will lay his particulars in confidence as to why he wants to inspect any other part of the books, and he will report, after looking at the books, whether he is able to say whether and in what way part which the defendant wishes to seal up is material to. the case of the plaintiff. Each party will have a week to say what parts he wishes to seal up or inspect....
Tag this Judgment!In Re: Chunder NaraIn Vs. J.G. Farquharson
Court : Kolkata
Reported in : (1879)ILR4Cal837
Mitter, J.1. This is an application by one Chunder Narain against the order of the Assistant Commissioner of Kamroop, dated 8th August 1878, convicting him of the offence of 'criminal trespass' under Section 447, Indian Penal Code, and imposing upon him a fine of Rs. 50.2. The application is under Section 297 of the Criminal Procedure Code. The facts found by the lower Court are, that the applicant 'entered into or upon property in possession of' the complainant; but it is also found that his object was to kill a deer, the pursuit of which was commenced by him from a spot outside the garden in possession of the complainant. The definition of 'criminal trespass' is given in Section 441, Indian Penal Code. The conviction is therefore illegal, and must be quashed. 3. We accordingly set it aside, and direct that the fine, if realized, be refunded.Birch, J.4. The petitioner has been convicted of criminal trespass under Section 447 and fined Rs. 50. The case was tried summarily, but the evid...
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