Court : Kolkata
Decided on : Jul-31-1940
Reported in : AIR1941Cal311
..... that judgment:this was an appeal from an order of the learned subordinate judge of hughly made under section 4, partition act (iv of 1893) in the course of a suit for partition. under section 8 of the act, such an order must be deemed to be a decree within the meaning of section 2, civil p.c., so that an appeal lies therefrom to this court.8. the learned ..... share in a larger dwelling house of which the plaintiff and defendant 1 were part owners. to appreciate this argument it is necessary to refer to the relationship between the parties. as pointed out above, the property in suit formerly belonged to ram kamal guha. ram kamal's maternal grand-father was ram saran ghose. the plaintiff and the husband of ..... that the plaintiff and defendant 1 were strangers to the family. this view was approved by the learned subordinate judge in appeal.5. it seems to us that both the courts below have failed to appreciate the exact provisions of section 4. the fact that the plaintiff and the husband of defendant 1 were members of the family to which the property ..... to be a decree and be appealable as such. in support of this argument the learned advocate referred to the case in pran krishna v. surath chandra roy ('19) 6 air 1919 cal 1055. that was a case in which an application under section 4, partition act, had been allowed and the appeal was by the transferee and not by the person who had applied .....Tag this Judgment!
Court : Kolkata
Decided on : Feb-01-1940
Reported in : AIR1940Cal347
..... paid over to them. their case was that the putni having been granted by krishna kishore alone to which saroda was not party it would attach to the lands which were allotted to krishna kishore in the partition proceedings under section 99, estates partition act. the plaintiffs who derive their title from saroda would take their saham free and clear of this intermediate tenancy.3. the ..... courts below, and this appears also from the settlement records that both saroda and his heirs recognized the putni of the defendants first party ever since 1293 b.s. the first contention of mr. choudhury must, therefore, be overruled.5. as regards the question of res judicata, it appears that in a previous rent suit which was instituted by the plaintiffs against ..... into a compromise and by an ekrarnama which is ex. b in this case it was agreed by and between the parties that saroda would get a 5/16th share out of the 15 gds. belonging to krishna kishore and the remaining 11/16ths share would remain vested in the latter. subsequently there was a re-transfer of ..... res judicata if that is available to the plaintiffs and in support of his argument he has relied upon certain decisions of the judicial committee: viz. watson v. collector of rajshahaye (1869) 13 m.i.a. 160, fateh singh v. jagannath bksh singh , which were followed by khundkar j. in a later decision which is to be found reported in fakir chandra .....Tag this Judgment!
Court : Privy Council
Decided on : May-23-1940
..... is outside the definition of tenure-holder given in s.5, especially if he be a "tenure-holder of a kind" for the purposes of the act. if the khewat of kalajhore be examined it is seen to give the name of the "interested person" the party under whom he holds and the nature of his rights (cols ..... given as a guide to its meaning. their lordships will not omit to consider any relevant provision of the act, but as s. 5 is on any view the crucial section, it may be first set out : 5. tenure-holder means primarily a person who has acquired from the proprietor or from another tenure-holder a right ..... eviction without the order of a court, as s. 77 would override it. whether the duties of the pradhan are "predial conditions" within the act (sec. 3 (xix) and chap. 12) need not here be determined, as their lordships are not of opinion that a decision on this point is ..... 38) where he says of such a pradhan that he is technically a tenure-holder. but it is only reasonable to consider the bearing of other sections of the act before arriving at a final view: all the more so as one judicial commissioner (mr. dalziel) in the present case and a bench of the ..... a village headman." in their lordships' view it is reasonably clear that the act recognizes such customary tenancies apart altogether from its provisions as to mundari khuntkattidars who are specially defined by sec. 8 and regulated by chap. xviii of the act. the original mundari village system had before 1908 been the subject of careful research .....Tag this Judgment!
Court : Mumbai
Decided on : Jul-29-1940
Reported in : AIR1941Bom48; (1940)42BOMLR1024
..... to recover those title-deeds from the defendants.2. on behalf of the plaintiff it is argued that the last lot having been sold under section 55(5) of the transfer of property act he is entitled to possession of the title-deeds. it is contended that so long as any portion of the land covered by the ..... up. as stated in davidson the purchaser will have to recite that he had notice of the covenants previously given to the purchasers by the vendors. the parties are agreed that on the footing of this judgment the covenant in form no. 96 in davidson's forms and precedents of conveyancing will meet the exigencies ..... in this suit. the plaintiff has purchased two lots. in respect of one the vendors still hold a portion and there is no dispute between the parties in respect of the covenant to produce title-deeds which cover that lot, in respect of the other lot where the vendors do not own any portion ..... of the land covered by the original deed the parties have come to court to determine whether the defendants are entitled to retain the title-deeds as claimed by them in the correspondence. the purchaser has ..... notice of the covenant and the fact that a separate deed of covenant has been passed will be endorsed on the conveyance.5. under the agreement for sale the parties had agreed that the costs of solicitors of each party should be borne by themselves but the out-of-pocket charges were to be borne by them equally .....Tag this Judgment!
Court : Allahabad
Decided on : Jan-19-1940
Reported in : AIR1940All389
..... holding on the suit of the landholder-(a) on the ground of any act or omission detrimental to the land in that holding, or inconsistent with the purpose for which it was let.10. section 85 runs as follows:(1) a decree for ejectment under section 84 may direct the ejectment of the tenant either from the holding or from ..... him to do so. to this effect is the decision of the calcutta high court in lal sahoo v. deo narain singh (1878) 3 cal 781. in that case it was held thatthe statutory right of occupancy under bengal act 8 of 1869 cannot be extended so as to make it include complete dominion over the land, subject ..... provision to the contrary, is entitled to have this right protected by courts of law. it was held by a full bench of this court in tulsi ram v. gurdial singh (1910) 33 all 111, that a fixed rate tenancy is carved out of the landholder's interest in the land to which it relates and ..... at the same rate of rent, such tenant shall have a right of occupancy at that rate. (2) such tenant shall be called a fixed-rate tenant.5. it is clear from this definition that all that a fixed-rate tenant is entitled to is a right of occupancy in his holding and that the rent ..... pendency of the appeal in this court, the points that arise for decision in the present appeal were decided by a division bench of this court in kashi kahar v. asharfi singh : air1938all511 in that case asharfi singh, who is the appellant before us, was the plaintiff and had brought a suit against another fixed-rate tenant .....Tag this Judgment!
Court : Chennai
Decided on : Sep-18-1940
Reported in : AIR1941Mad200; (1940)2MLJ883
..... regarding title but. regarding the right of management. in the latter class of cases, the proper order to be passed by the collector is not one recognizing the successful party as the landholder for all purposes under the act, but one recognizing him as entitled to proceed and be dealt with as the landholder. when such an order is passed, though the successful ..... the collector for recognition as the landholder of the estate. his application was opposed by the mortgagees of the other half of the zamin and the petitioner was also a party to the proceedings. the collector recognised the respondent as the landholder, holding that the petitioner was no longer entitled to collect the rents and that the respondent was entitled to ..... follows that, notwithstanding the recognition of the respondent as the landholder, the petitioner as owner of the estate must also be deemed to be a landholder within the definition in section 3(5) of the madras estates land act. he is here-fore not an agriculturist under act iv of 1938. the petition is therefore dismissed with costs. ..... party would be solely entitled to conduct proceedings and to perform the functions of the landholder so long as the order is in force, it would not have the effect of .....Tag this Judgment!
Court : Allahabad
Decided on : Mar-11-1940
Reported in : AIR1940All272
..... 13th may 1937, this court decided the case in muhammad abdul qaiyum v. secy. of state : air1938all158 the importance of sections 73 and 74 of the agra tenancy act, local act 3 of 1926, came up for discussion. section 74 provides as follows:(1) an order passed under sub-section (1) or sub-section (2) of section 73 shall not be questioned in any civil or revenue court. (2 ..... is whether a provincial legislation is repugnant to an existing indian law the onus of showing its repugnancy and the extent to which it is repugnant should be on the party attacking its validity. there ought to be a presumption of its validity and every effort should be made to reconcile them and construe them both so as to avoid their ..... account of the fall in prices: it is hereby enacted as follows.64. in the body of the act however no legal sanction is given in clear terms to the executive order of the government. section 2 merely bars the aggrieved party from questioning the order of the provincial government, or any authority empowered by it in that behalf remitting rents, in any ..... rent was filed in the revenue court, that court could not, on the basis of the impugned act, hold that it had no jurisdiction to entertain the suit. it would, after taking cognizance of the suit, while determining the jural relation between the parties, no doubt debar the plaintiff from impugning the validity of the order as to remission and dismiss the .....Tag this Judgment!
Court : Chennai
Decided on : Oct-29-1940
Reported in : AIR1941Mad727; (1941)1MLJ807
..... or a conveyance to be declared invalid, on account of its being opposed to public policy has to prove the grounds which would bring it under section 23 indian contract act. the apparent tenor of the document is against this contention.7. the contention in regard to the invalidity of the deed ex. 1 ..... not necessarily show that the two contracts were really parts of the same transaction. it is quite possible that the two agreements between these three parties were separate and independent and did not constitute to be two terms of the contract of marriage although the fact that they were entered into at ..... was not binding on them. there is no evidence on the record on this point, and the plaintiffs must consequently fail. the observations in muthusami goundan v. palani goundan : (1927)53mlj763 , support the view in regard to onus which i have taken. i would therefore agree with the lower appellate court ..... true that the execution court had not decided the objections raised i.l.r.(1927) rang. 852, but it was explained by me in mahomed kassim sahib v. subramanian chettiar (1940) 51 l.w. 34, when i, sitting with my esteemed brother venkataramana rao, j., drew attention to the observations which fell ..... binding on the plaintiffs if it were found to be for a valid consideration. nor was it, in view of the full bench decision in madam pillai v. badrakali ammal : air1922mad311 disputed that the bargain 'to receive the land' by the second defendant ' in discharge of the claim to future maintenance' .....Tag this Judgment!
Court : Allahabad
Decided on : Feb-23-1940
Reported in : AIR1940All263
..... the accused.nothing in this section shall be deemed to affect the provisions of section 27, evidence act, 1872.6. thus, under that section the provisions of section 27, evidence act, were expressly saved. in the later act of 1898(5 of 1898), before it was amended by the act of 1923, there was no such saving proviso in section 162, the reason obviously being that section was only concerned with statements ..... which had been taken down in writing. section 162 of the ..... amended act, however, relates both .....Tag this Judgment!
Court : Allahabad
Decided on : Jun-26-1940
Reported in : AIR1940All449
..... of lathis and a bamboo with a spear head fixed to it, in short a spear. and, in consequence of that discovery, the applicant abdul rahman was charged under the section of the arms act which i have read with being in possession or in control of this spear. now, there are certain other facts which have been found in the court below ..... obvious that he was not telling the truth. there it was standing in the common entrance hall for all the world to use it. then again, in queen-empress v. sangam lal (1893) 15 all 129, it is observed thatit is incumbent upon the prosecution to give good evidence that such arms are in the exclusive possession and control of the particular ..... merely possession or control. i have been referred to certain authorities of this court and the first to a case, kaul ahir v. emperor : air1933all112 . i do not think that this case is of great assistance in determining the one before me. it was a case in which two cartridges were discovered cunningly ..... member of the joint family who is sought to be charged with their possession.5. with great respect, i think that possibly that is importing words into the section which are not .....Tag this Judgment!