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Gokal Vs. Haria and ors.
Court : Punjab and Haryana
Reported in : AIR1949P& H414
Achhru Ram, J.1. This second appeal has arisen in the following circumstances. One Mt. Sobhan widow of Sidhu was the owner of the property in dispute which consists of a vacant site and a compound, at one time there was a house constructed on this property. In the year 1906 the plaintiff who was one of the collaterals of Sidhu purchased the aforesaid house from Mt. Sobhan with the consent of his own father Gurmukh, who was then alive and Hira, another collateral of Sidhu, who seems to have died without leaving any heirs. Moti, Haku and Bisakhi, three brothers of Gurmukh, father of the plaintiff, brought a suit for the usual declaration which was decreed in their favour on 7th February 1908. A declaratory decree was granted by the Court in favour of the plaintiffs to the effect that the sale by Mt. Sobhan in favour of Haria would not affect their reversionary rights after the vendor's death and that they would be entitled to recover possession of their share in the property after the wi...
Tag this Judgment!Nika Singh Badan Singh and anr. Vs. Ram Chand Mangtu Mal
Court : Punjab and Haryana
Reported in : AIR1949P& H330
Harnam Singh, J.1. Regular Second Appeal No. 249 of 1946 was dismissed with costs by Mehr Chand and Teja Singh, JJ. on 28th July 1948 on the preliminary objection that the appeal had became infructuous because subsequent to ?the declaratory decree in favour of the plaintiff he had obtained a decree for possession of the land in suit in the former suit and that the decree for possession bad become final as it had not been appealed against.2. Briefly, the facts are that Badhawa Singh, grandfather of the defendants, had made a usufructuary mortgage of agricultural land in favour of Bulia Ram, grandfather of the plaintiff, for Rs. 700 on the foot of the registered mortgage deed executed on 22nd May 1879. On 6th June 1939, the defendants applied under Section 4, Punjab Act IV [4] of 1938 to the Special Collector, Ferozepore, for redemption and restitution of the mortgaged land. The Special Collector dismissed the application on the ground that the mortgage of 22nd May 1879 did not subsist o...
Tag this Judgment!Mangal Singh and ors. Vs. Rex
Court : Allahabad
Reported in : AIR1949All599
ORDERDesai, J.1. The applicant Raja Ram Pandey has been convicted by the Sessions Judge of Jhansi under Section 411, Penal Code, and the other applicants, Mangal Singh and Ors. under Section 411 read with Section 109, Penal Code. They were tried along with Khitta, who was acquitted by the trial Court, for the theft of two bullocks belonging to Ram Prasad Patwari. The case for the prosecution was as follows:2. Ram Prasad was Patwari in village Patha up to December 1946. He used to do cultivation in the village jointly with Khitta. He owned three bullocks which used to be kept with Khitta. Khitta himself owned one bullock. In December 1946, the Patwari left Patha circle or was transferred from it. He sent his three bullocks to P.W. Sultan Singh and D.W. Narayanju, who are brothers living jointly in village Gurha Buzurg. In January he sent them to village Midarwara which adjoins village Patha. On 14th January 1947 they strayed from Midarvara to Khitta'a house in Patha. Raja Ram applicant ...
Tag this Judgment!Abdul Majid and ors. Vs. L. Daleep Singh and ors.
Court : Allahabad
Reported in : AIR1949All744
Wanchoo, J.1. This is a revision by Abdul Majid and Ors. under Section 115, Civil P.C. against the order of the second Civil Judges, Meerut by which the decree of the trial Court in a suit under Section 12, U.P. Agriculturists' Relief Act was modified on appeal by Daleep Singh, opposite party.2. The applicants brought a suit under Section 12; Agriculturists' Relief Act for redemption of a usufructuary mortgage dated 20th April 1918, The mortgage in suit was executed by Abdul-Majeed, Abdul Samad, Abdul Wahab, Abdul Majid, five sons of Nasrat Ali and Mt, Bismillab Jan, widow of Nasrat Ali. Some time after the execution of the mortgage deed, the interest of some of the mortgagors was sold at a court auction. It has been found by the lower appellate Court that the equity of redemption of 33/40 part of the mortgaged property has been sold off and only 7/40th part of the mortgaged property is still with some of the mortgagors. The question then arose whether the liability of the mortgagors f...
Tag this Judgment!Mangal Singh and ors. Vs. Rex.
Court : Allahabad
Reported in : 1949CriLJ923
ORDERDesai, J.1. The applicant Raja Ram Pandey has been convicted by the Sessions Judge of Jhansi under 8. 411, Penal Coda, and the other applicants, Mangal Singh and others, under 8. 411 read with 8. 109, Penal Code. They were tried along with Khitta, who was acquitted by the trial Court, for the theft of two bullocks belonging to Ram Prasad Patwari. The case for the prosecution was as follows:2. Ram Prasad was Patwari in village Patha up to December 1946. He used to do eultiva. tion in the village jointly with Khitta. He owned three bullocks which used to be kept with Ehitta. Ehitta himself owned one bullock. In December 1916, the Patwari left Patha circle or was transferred from it. He sent his three bullocks to P. w. Sultan Singh and D. W. Narayanju, who are brothers living jointly in village Ourha Buzurg. In January he sent them to village Midarwara which adjoins village Patha. On 14th January 1947 they strayed from Midarvara to Ehitta's house in Patha. Raja Ram applicant belongs ...
Tag this Judgment!P.V. Rao Vs. Khushaldas S. Advani
Court : Mumbai
Reported in : AIR1949Bom277; (1949)51BOMLR342
M.C. Chagla, C.J.1. This is an appeal from a judgment of Mr. Justice Bhagwati by which he ordered a writ of certiorari to issue against respondent No. 1, who is the Assistant Secretary to the Government of Bombay, Health and Local Government Department, the Province of Bombay, respondent No. 2, and Mr. Vartak, a Minister of the Government of Bombay, formerly in charge of the Health and Local Government Department, respondent No. 3. The material facts which led up to the order made by Mr. Justice Bhagwati may be briefly stated. One Abdul Hamid Ismail was, prior to January 29, 1948, the tenant of the first floor of a building known as 'Paradise' at Warden Road, Bombay, the landlord of which was one Dr. M. v. Vakil. On January 29, 1948, Ismail assigned his tenancy to the petitioner and two others, the son and brother's daughter's son of the petitioner. All the three assignees were refugees from Sind. On February 4, 1948, the petitioner went into possession of the flat. On February 26, 194...
Tag this Judgment!P.V. Rao Vs. Girdharlal Lallubhai
Court : Mumbai
Reported in : AIR1949Bom303; (1949)51BOMLR418
M.C. Chagla, C.J.1. This is also an appeal against the judgment of Mr. Justice Bhagwati ordering the issue of a writ of certiorari against the three respondents. The same questions are involved in this appeal as were involved in Rao v. Advani : AIR1949Bom277 and for the reasons given by us in that appeal the same consequences must follow in this appeal. But the order made by Government which is challenged is under Section 4(3) of the Ordinance and not under Section 3. It is not disputed that the premises which were requisitioned were not in existence at the date when the Notification was issued by the Provincial Government specifying the areas in which premises are situated to which Section 4 would apply, and the question that arises for determination is whether Section 4 would apply to premises which come into existence after the date of the Notification. Now, Section 4 refers to premises which are vacant on the date of such Notification or which become vacant after such date. They we...
Tag this Judgment!Ram Sahai and ors. Vs. Man Singh and ors.
Court : Allahabad
Reported in : AIR1952All398
Bind Basni Prasad, J.1. This is a plaintiffs appeal arising out of a suit in which the prayer was that the plaintiffs have a right to discharge the rain water from five spouts from the roof of their house. As regards three of the spouts, the defendants admitted the plaintiffs' right. The dispute was about only two of the spouts. Learned Munsif decreed the claim. The defendants went in appeal and the learned Civil Judge dismissed the plaintiffs' claim in respect of spouts C and D shown in the sketch map forming part of the decree of the trial Court.2. The finding of the learned Civil Judge is that the roof of the room from which these two spouts discharge water was formerly flat. The water dropped in the defendants' courtyard. Sometime thereafter, the flat roof was converted into a thatched roof with two thatches-one discharging water from its eaves towards the plaintiffs' courtyard and the other towards the defendants' courtyard. The thatched roof remained in existence for more than tw...
Tag this Judgment!Mt. Kiran Devi Vs. Madan Lal and anr.
Court : Allahabad
Reported in : AIR1949All631
Malik, C.J.1. This revision has been filed under Section 115, Civil P.C. against an order refusing to allow the applicant to sue in forma pauperis. The opposite party has urged that the applicant was in a position to pay the court-fee. The lower Court has held in favour of the opposite party and has believed the evidence of the witnesses produced by them that the applicant was given ornaments worth more than 500 at her wedding and she was still possessed of them and was in a position to pay the court-fee. The learned Counsel for the applicant has urged that ornaments are wearing apparels within the meaning of the term under Order 33, Rule 1, Civil P.C., and at least some of these ornaments which are generally worn by ladies of the status and position of the applicant, should not be taken into consideration. He has relied on a Division Bench ruling of the Calcutta High Court reported in Sm. Mabia Khatun v. Sheikh Satkari : AIR1927Cal309 , in which the learned Judges observed as follows:...
Tag this Judgment!Nand Kumar Lal and ors. Vs. Kuber Lal and ors.
Court : Allahabad
Reported in : AIR1950All192
Wanchoo, J.1. This is a revision by Nand Kumar Lal and others against the order of the Civil Judge of Basti in a case under Section 12, U. P. Agriculturists' Relief Act.2. The plaintiffs opposite parties had brought a suit for redemption under Section 12, Agriculturists' Relief Act. The main point of dispute between the parties was whether the mortgage money had been paid up by the usufruct of the property. The trial Court decreed the suit on payment of a sum of Rs. 2,210-11-0 by the plaintiffs opposite parties. Both parties appealed and the lower appellate Court varied the decree of the trial Court and reduced the amount to be paid by the plaintiffs opposite parties to Rs. 920-11-0. The applicants have come up in revision to this Court and their contention is that the two Courts below have, in calculating the usufruct, invented a fanciful rule and have, therefore, acted illegally or with material irregularity in the exercise of their jurisdiction.3. A preliminary objection has been ta...
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