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Md. Saadat Ali Khan Vs. Mt. Badala
Court : Allahabad
Reported in : AIR1950All182
Chandiramani, J.1. This is the plaintiff's second appeal against the decree of Mr. P. K. Kaul, District Judge, Barabanki, dated 16th May 1944.2. The plaintiff zamindar alleged that the defendant Mt. Badala was his tenant at the annual rate of Rs. 74-6-0 and that some of the rent for 1346 and 1347 Fasli as shown in the plaint was in arrears. Mt. Badala pleaded that she was a tenant at the rate of RS. 70 per year, but in 1344F. the Revising Officer had reduced the rent to RS. 52-8-0 and that she was not liable to pay at a higher rate. She also pleaded that the suit for 1346F. was time-barred.3. The learned trial Court came to the conclusion that there was a new contract between Mt. Badala and the plaintiff in 1345F. and that the rent was RS. 74-6-0 per year. It also held that the rent for the whole 1347F. at the rate of Rs. 74-6-0 was due and that for 1346F. the instalment of rent which fell due on 15th May 1939 alone amounting to RS. 18-9-6 is within limitation. Accordingly the suit was...
Tag this Judgment!Khanzaman Khan and ors. Vs. Maqbool and anr.
Court : Allahabad
Reported in : AIR1950All191
V. Bhargava, J.1. This second rent appeal under Section 269, U. P. Tenancy Act read with Section 100, Civil P. C., arises out of a suit for ejectment under Section 180, U. P. Tenancy Act.2. The suit for ejectment was decreed by the learned Revenue Officer on 31st December 1943. On appeal the order for ejectment was set aside by the lower Court by its judgment dated 3rd August 1944. The present appeal was filed by the plaintiffs against this order dismissing the suit for ejectment on 6th November 1944. When this appeal came up for hearing a prelimiary objection was taken on behalf of the respondents that in view of the U. P. Tenancy (Amendment) Act, 1947, he suit under Section 180, filed by the appellants was time barred and hence the dismissal of the suit by the lower Court is correct. It appears from the plaint that the appellants alleged that the respondents had taken wrongful possession of the land in suit from the beginning of Fasli year 1346. The possession of the respondents thus...
Tag this Judgment!Mt. Raj Rani Vs. Rajaram
Court : Allahabad
Reported in : AIR1950All202
Chandiramani, J.1. This is the plaintiff's appeal against the appellate decree of Mr. Akbar Husain, District Judge, Lucknow, dated 27th November 1946.2. The plaintiff, Mst. Raj Rani applied on 22nd August 1946, before the District Judge, Luck now, for the grant of letters of administration on the basis of a will dated 7th March 1945, executed by Jamna Prasad deceased. She alleged that the will had been executed on 7th March 1945, that the testator, Jamna Prasad died the same day, that she was the sole legatee under the will and that the deceased testator had a fixed abode at Sarojni Devi Lane Katra, Maqboolganj in the city of Lucknow. The proceedings were transferred to the Court of Civil Judge, Lucknow, for disposal, on 25th August 1945. On notices being issued, the present defendant respondent objected to the grant of the letters of administration and claimed that there was no will, that in any case the will was not duly executed as the testator was not of sound disposing mind and th...
Tag this Judgment!Krishna Gopal and anr. Vs. Ospal Singh and ors.
Court : Allahabad
Reported in : AIR1950All229
Malik, C.J.1. This is an appeal against an order, dated 26th November 1943, passed by the learned Special Judge, first grade, Mainpuri. By reason of this appeal, the proceedings before the Collector have been held up for over five years.2. Sauji Ram and Mauji Ram died leaving certain property. The heirs of the deceased made an application under Section 4, Encumbered Estates Act. Under Section 49, Encumbered Estates Act the debts due from the deceased were liable to be paid only out of the property left by them. In the list of properties mentioned in the written statement filed by the applicants under Section 8, U. P. Encumbered Estates Act item No. 4 was included in the list though it was specifically mentioned that it was the self-acquired property of Ospal Singh, one of the applicants. At the time when the learned Special Judge sent the list of properties to the Collector from which the debts of the deceased Sauji Ram and Mauji Ram had to be paid, this note was overlooked and this It...
Tag this Judgment!Ramanath Panda Vs. Damodar Sahu and ors.
Court : Orissa
Reported in : AIR1950Ori230
Jagannadhadas, J. 1. The facts giving rise to this revision may be briefly stated as follows:2. Original Suit no. 23 of 1943 on the file of the Subordinate Judge, Berhampur, was a partition suit between the members of a joint family owning extensive properties in which were included the Aska Sugar Works and Distillery also the Saw Mills at Russelkonda. One of the parties in the suit was appointed as the receiver of the family properties in the partition suit. A number of creditors of the family had obtained decrees against them and at the relevant date, there were as many as 12 decrees obtained by the creditors against the members of the family and pending execution.3. The petitioner before us is one of them having obtained a decree in O. S. No. 45 of 1939. He applied for execution in E. P. No. 301/45. The rest of the 12 decree-holders had also taken steps in execution. Eight of them had attached the Mill at Busselkonda and four of them including the present petitioner bad attached the...
Tag this Judgment!Asgarali and ors. Vs. Dinanath Kumar and ors.
Court : Kolkata
Reported in : AIR1950Cal135
Das, J.1. This appeal is on behalf of the plaintiff and arises out of a suit under Section 36, Bengal Money-lenders Act. The suit has been dismissed by the Courts below. The plaintiff now appeals to this Court.2. The facts are more or less admitted and may be stated as follows: On 20th December 1921, the plaintiff borrowed a sum of Rs. 1493 8-0 on a mortgage of certain properties. The interest stipulated to be paid was Rs. 1 per cent. per month. On 7th July 1922, the plaintiff again borrowed a sum of Rs. 995. The interest stipulated Rs. 1-4-0 per cent. per annum with annual rests. A sum of Rs. 408.15 0 was paid by the plaintiff towards the interest due on the aforesaid mortgages. In 1934 the defendants instituted a suit for recovery of the sums due on the said mortgages. The claim was laid at Rs. 1800 on the first mortgage and a sum of Rs. 700 on the second mortgage. No interest was claimed. On 12th February 1936, a preliminary decree was passed in the mortgage suit for a sum of Rs. 27...
Tag this Judgment!Yakub Sheikh and anr. Vs. the King
Court : Kolkata
Reported in : AIR1950Cal340,54CWN373
ORDERSen, J.1. This rule has been obtained by the two accused who have been convicted of having committed theft. The first accused Yakub Sheikh has been sentenced to pay a fine of Rs. 200 in default to undergo rigorous imprisonment for three months. The second accused Malek Sheikh has been dealt with in accordance with the provisions of Section 562, Criminal P. C. and released after due admonition. Half of the fine has been directed to be paid to Kalu Santal as compensation.2. The case for the prosecution is that Kalu Santal was in possession of certain land as the adiar of one Charan Das Chatterjee. He grew paddy on the land and reaped it. On the date of occurrence the two accused persons came there and removed paddy and straw in spite of protests. The defence taken is a denial of the occurrence and it was contended on behalf of the defence that the land on which the paddy was grown belonged to the accused Yakub. The learned Magistrate has disbelieved the defence case and convicted th...
Tag this Judgment!Sm. Suraj Jan Bibee Vs. Banku Behary Saha
Court : Kolkata
Reported in : AIR1950Cal428,54CWN281
Harries, C.J.1. This is an appeal from an order of Banerjee J. sitting on the Original Side dated 28th March 1949 allowing an application for execution of a decree. 2. The respondent obtained a consent decree against the appellant on 3rd January 1946, and by that decree the defendant undertook to deliver possession within six months, execution of the decree being stayed for that time. The defendant did not vacate at the expiry of the period of six months and on 3rd December 1948, the Court made an order directing the Sheriff to deliver possession of the premises to the respondent. The Sheriff failed to deliver possession and an application was made to the Court for an order that the Sheriff of Calcutta be directed to deliver possession of the land and premises known as No. 2, Nayan Krishna Saha lane in the mode described by Order 21, Rule 35, Civil P. C. 3. The appellant resisted the application and claimed to be a thika tenant and entitled to the protection given by the Calcutta Thika...
Tag this Judgment!Suryaprakash Weaving Factory Vs. the Industrial Court
Court : Mumbai
Reported in : AIR1950Bom206; (1950)52BOMLR53
Chagla, C.J.1. This is an appeal from an order of Tendolkar J., by which he dismissed the appellants' petition for an order under Section 45, Specific Relief Act on two preliminary grounds. The petitioners are eight manufacturers and employers of labour in the city of Surat, and there was a dispute between them and their employees, and the Provincial Government on 4th May 1948, referred the dispute to the arbitration of the Industrial Court under Section 73, Bombay Industrial Relations Act, 1946 The petitioners contended in their petition that as their industry was not a cotton textile industry, the dispute between them and their employees did not constitute an industrial dispute within the meaning of the Act and the reference made by the Provincial Government to the Industrial Court was not a valid reference and the Industrial Court had no authority and jurisdiction to entertain the reference and to decide the reference. Thereupon they sought from this Court an order under Section 45 ...
Tag this Judgment!Rex Vs. Daya Shankar Jaitly
Court : Allahabad
Reported in : AIR1950All167
Agarwala, J.1. This is reference, under Section 307, Criminal P. C., by the learned Additional Sessions Judge of Kanpur. Daya Shankar Jaitly, the opposite party, was tried with the aid of a jury for an offence under Section 477A, Penal Code, and, in the alternative, for an offence under Section 408, Penal Code. The jury returned a verdict of not guilty on both the charges. As the learned Sessions Judge did not agree with the verdict of the jury, he made a reference to this Court.2. The prosecution case briefly put was as follows: The accused Daya Shanker Jaitly was employed as a cashier in the office of the Garrison Engineer at Kanpur. As a cashier, it was his duty to write the cash book showing correctly the state of income and expenditure from day to day. He used to beep the cash book with him and also handled the cash. He made false en. tries in the cash book showing inflated amounts of expenditure, whereas in fact smaller amounts were spent or no amount at all. In this way, he comm...
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