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Documents citing Sree Kanta Pershad Hajari vs Irshad Ali Sarkar on 19 March, 1894

Upendra Lal Gupta And Ors. vs Ataulla And Ors. on 3 July, 1916

In the case of SrEe Kanta Persad Hajari v, Irshad Ali Sarkar 17 ind. Cas. 173 : 16 C.L.J. 225 an agreement to pay Rs. 17-4-0 as the "price of presents and unpaid labour" was disallowed as an abwab, although the said sum together with a rent of Rs. 360 was put down as amounting to Rs. 377-4-0 under the head of total rent. But as the learned Judges pointed out, there were other facts in other parts of the document which had an important bearing on the question. The tenant agreed to pay the rent proper, that is, the amount specified as the rent, and then the Kabuliat went on to provide that the tenant would have no objection to pay the sum of Rs. 17-4-0 as the price of the said presents and labour" in addition to the amount of rent. Moreover, in the plaint itself a distinction was made by the plaintiff between the rent and the value of the presents and labour.
Calcutta High Court Cites 6 - Cited by 4 - Full Document

Nalini Bhusan Gupta vs Ali Mia on 1 February, 1924

726 (F.B.), Srikanta Pershad Hazari v. Irshad Ali Sarkar [1912] 16 C.L.J. 225, Kalanand Singh v. Eastern Mortgage Agency Co. [1913] 18 C.L.J. 83, and Bejoy Singh Dudhuria v. Krishna Behary Biswas (1917) 45 Cal. 259. Little, if any, assistance can be obtained from the consideration of the facts in other cases, because, in my opinion, the determination of the question as to whether items in question form part of the rent, or whether they are abwabs, depends upon the construction of the terms of the particular tenancy in each case.
Calcutta High Court Cites 4 - Cited by 0 - Full Document
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