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NaraIn Das Kasaudhan Vs. Chhotu
Court : Allahabad
Reported in : AIR1950All90
ORDERSeth, J.1. The applicant is the owner of certain shops. The opposite party, who was the plaintiff in the Court below, was occupying a shop belonging to the applicant. He instituted a suit purporting to be a suit under Section 5(4), U. P. Ordinance (NO. III [3] :of 1946). He alleged that according to the municipal assessment the rest came to Rs. 6 per month and prayed that a reasonable rent be fixed by the Court. The suit was instituted on 20th November 1946. The U. P. Rent Control Act, III [3] of 1947 came into force with retrospective effect from October 1946. It was, therefore, applicable to the present suit and the present suit may be deemed to be a suit under the Act. It is not, however, necessary to decide whether the suit is to be treated to be a suit under the Ordinance or to be a suit under the Act, for in either view I am of the opinion that the suit was not maintainable.2. The Ordinance and the Act both provide that the rent payable by a tenant shall be the rent agreed u...
Tag this Judgment!Bhagwati Saran Vs. Gargi DIn and anr.
Court : Allahabad
Reported in : AIR1950All186
Chandiramani, J.1. This is the defendant's second appeal against the appellate decree of Mr. Mohammad Tufail Ahmad, Additional Civil Judge of Lucknow, dated 26th January 1944.2. It would appear that the plaintiff respondent purchased from one Jagannath a certain house by a sale deed dated 9th March 1908. The eastern boundary, which is material for purposes of the appeal, was described as 'deewar makan haza mulhiq ba bagh.' The plaintiff gifted this house to his wife. The plaintiff and his wife both then mortgaged the house to Munnu Lal on 22nd October 1926 (EX. 3). The eastern boundary of the mortgaged house was now described as 'deewar makan haza mulhiq bagh jo ab rasta am hai.' In 1931 the plaintiff and his wife executed another mortgage of the very same property in favour of Behari Lal defendant 2. The eastern boundary was now described as 'rasta.' In all the three documents already referred to the other boundaries remained the same. It appears that in 1927 a portion of open land im...
Tag this Judgment!Ram Prasad and anr. Vs. Lala Hansraj and anr.
Court : Allahabad
Reported in : AIR1950All106
Wanchoo, J.1. This is an appeal by Ram Prasad and Jagannath against the order of the District Judge of Banaras by which be confirm-ed the order of the Munsif, Havali, Banaras in an execution matter.2. The facts leading up to this appeal are these. The present appellants had purchased certain property from the respondents. They were unable to pay up the entire purchase price and, in lieu of the unpaid balance, had executed a mortgage in favour of the respondents. The respondents sued on the basis of this mortgage and got a decree. The appellants being agriculturists, this decree was amended in accordance with the provisions of the U. P. Agriculturists' Relief Act. Later when the decree was put in execution, the appellants claimed that the land was 'protected land' and could not be sold. The success of the appellants on this plea depended upon the fact whether the transaction on the basis of which the decree was passed was a 'loan' or 'in substance a loan,' The contention of the opposite...
Tag this Judgment!Yalavarthi Gopalakrishniah Chowdhary Vs. Raja Kamineni Bangaru Krishna ...
Court : Chennai
Reported in : AIR1951Mad242; (1950)2MLJ247
Govinda Menon, J.1. This is an appeal against the dismissal of O. S. No. 62 of 1944 in the Court of the Subordinate Judge of Nellore on the ground that the suit was barred under Order 2, Rule 2, Civil P. C. as well as by limitation and further that even if there was no bar, the plaintiff cannot maintain the suit against the present Zamindar of Chundi in respect of the estate in his possession and that the debts contracted by the previous zamindar were not for purposes binding on the estate.2. In O. S. No. 106 of 1936 on the file of the Subordinate Judge's Court, Nellore, the appellant claimed to recover a sum of Rs. 8031-4-9 under six headings of liability incurred by the defendant in that suit and which were payable to the appellant. They consisted of a sum of Rs. 2000 claimed as damages for wrongful dismissal of the appellant from his position as Dewan of the Chundi estate in accordance with a contract dated 31-12-1935. The second item was a sum of Rs. 1566-9-4 due to the appellant u...
Tag this Judgment!Rajammal Vs. the Chief Judge, Court of Small Causes and anr.
Court : Chennai
Reported in : AIR1950Mad185
ORDER1. The only point for determination in this application for the issue of a writ of certiorari to quash the order of the learned Chief Judge of the Court of Small Causes passed in a House Rent Appeal is when a fair rent is fixed under Section 4 of the Act whether the landlord is entitled to such fair rent when it is in excess of the rent which was being paid before such fixation from the date of the commencement of the Act or only from the date of the application for fixing the fair rent. There is no provision, it is admitted, in the Act itself directly dealing with this question. There is, however, provision in Section 6 (c) of the Act for refund or other adjustment of any sum paid by the tenant in excess of the fair rent whether before or after the commencement of the Act in respect of the use of the building after the commencement of the Act. But there is no similar provision giving right to the landlord to claim the difference between the fair rent fixed and the rent which was ...
Tag this Judgment!Veeramreddi Subbarami Reddi Alias Balakrishna Reddi Vs. Veeramreddi Sa ...
Court : Chennai
Reported in : AIR1951Mad654
ORDERMack, J.1. The petitioner in Interlocutory Appln. No. 686 of 1948 in O. S. No. 112 of 1947 on the file of the Subordinate Judge's Court, Nellore, is the widow of the plaintiff who died after filing a suit against his two sons, his brother and his son. He had two wives one of whom was the mother of defendant 1 and the petitioner who is the mother of defendant 2. On his death, the surviving widow applied to be added aa his legal representative and to continue the suit asking for the share to which she is, admittedly, entitled under the Hindu Women's Property Act.2. The learned Subordinate Judge quite rightly in my opinion allowed her petition to be added as her late husband's legal representative. The learned advocate for one of the sons opposes on the ground that the legal representatives of the deceased are his sons and that if the petitioner is added as a plaintiff the character of the suit will change. Under Order 22, Rule 3, Civil P. C., the legal representative of the deceased...
Tag this Judgment!Express Dairy Ltd. Vs. Corporation of Calcutta
Court : Kolkata
Reported in : AIR1950Cal61
Sen, J.1. This is an appeal by the Express Dairy Limited against an order of conviction passed by Sri N. K. Ghose, Municipal Magistrate, Calcutta, convicting the Company of having committed an offence punishable under Section 407 read with Section 488, Calcutta Municipal Act. In short, the company was charged with storing for sale adulterated milk. The company has been sentenced to pay a fine of RS. 500. Various defences were taken in the Court below. On the merits the defence was that the milk was not adulterated and in support of that various points were raised regarding the method of the examination of the milk.2. Having regard to the decision at which I have arrived, it would not be proper for me to consider the merits of the case. Mr. Das appearing on behalf of the company points out to me that there was no examination of the company in accordance with the provisions of Section 342, Criminal P, C. He further points out that the provisions of Section 242, Criminal P. C., were not a...
Tag this Judgment!Basant Lal Saha Vs. P.C. Chakarvarty
Court : Kolkata
Reported in : AIR1950Cal249,54CWN20
P.B. Mukharji, J.1. This is a suit by the plaintiff for the recovery of possession of premises No. 26C Amherst, Row, Calcutta, and for a decree for the sum of Rs. 705 alleged to be due in respect of arrears of rent from April 1947 to June 1948 and for mesne profits and costs.2. The case of the plaintiff is that the defendant was a monthly tenant under the plaintiff in respect of premises No. 26C Amherst Row at the rent of Rs. 47 per month. A notice to quit was given on 26th May 1948 calling upon the defendant to vacate the premises by the end of June 1948. The plaintiff also pleads that he requires this house for his own occupation. He obtained permission from the Rent Controller on 17th December 1947. The suit was instituted on 12th July 1948.3. The defendant filed his written statement, The default in the payment of rents is denied. The defendant also denies the validity of the notice to quit. The defendant denies that there is any bona fide requirement by the plaintiff.4. In the wri...
Tag this Judgment!Kishori Shetty Vs. Emperor
Court : Mumbai
Reported in : AIR1950Bom221; (1950)52BOMLR29
Chagla, C.J.1. This is an appeal from an order passed by the learned Presidency Magistrate 5th Court, Bombay, convicting the accused under Section 43 (1), Abkari Act and sentencing her to rigorous imprisonment for three months and a fine of Rs. 500, in default, rigorous imprisonment for six weeks. The accused was charged with being in possession of 12 bottles of whisky, one bottle of madeira, one bottle of Cream de Menthe and one bottle of sherry, the possession being in excess of what was permissible under the law.2. This appeal has been argued mainly on the question as to whether the Provincial Legislature has the competence to control or restrict the possession by a citizen in respect of foreign liquor. In order to understand this argument we must first look at the scheme of the Bombay Abkari Act (Bom. V [6] of 1878), with which we are concerned, and the preamble of that Act states:'Whereas it is expedient to consolidate and amend the law relating to the import, export, transport, m...
Tag this Judgment!Lakshmi Lal Vs. Joshi Girdharji and anr.
Court : Allahabad
Reported in : AIR1950All49
Malik, C.J.1. This is a defendant's appeal, and the plaintiffs have filed a cross-objection.2. On 30th April 1935, a mortgage was executed by the defendants in favour of Joshi Damodar Ji, the ancestor of the plaintiffs. The mortgage was for a lac of rupees and the amount was payable with interest at 10 annas per cent. per mensem according to the Hindi calendar. A sum of Rs. 15,690 was paid towards interest and the suit was filed for recovery of Rs. 1,30,080/13/4.3. The defence was that the defendants were agriculturists and the plaintiffs were creditors and the defendants were, therefore, entitled to the benefits given under the Agriculturists' Relief Act. It was further pleaded that the plaintiffs had not maintained proper accounts as required, nor had they sent the accounts to the defendants and the plaintiffs were, therefore, not entitled to claim interest and costs. The plaintiffs filed a replication in which it was denied that the defendants were agriculturists or were entitled to...
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