Sukhraj Rai vs Bujhawan Lal
Judges: Pearson, Straight
30 April, 1880·1. The following facts must be recapitulated in order to make the grounds upon which this appeal is baaed intelligible. On the 24th April 1877, Mahadeo Lal, defendant No. 2, brought a suit for work done and materials provided against Sukhraj Rai, the plaintiff. On the 10th May 1877, Sukhraj Rai, the...
High Court Of Judicature at Allahabad
Bhagwan Prasad vs Sheo Sahai
Judges: Pearson, Straight
28 April, 1880·*When Court may authorize Collector to stay public sale of land. [Section. 326:--When, in any local area in which no declaration under Section 320 is in force, the property attached consists of land or of a share in land, and the Collector represents to the Court that the public sale of the land or ...
High Court Of Judicature at Allahabad
Jadaun Rai vs Gulzari Lal
Judges: Oldfield, Straight
22 April, 1880·JUDGMENT Oldfield, J. 1.We are constrained to allow an objection taken by appellant that the Subordinate Judge had no jurisdiction to try this suit. The claim is to have declared the plaintiff's right to some grain stored in pits, by setting aside an order of the Munsif for bringing the grain to sal...
High Court Of Judicature at Allahabad
Lachman Das vs Dip Chand
Judges: R Stuart, Pearson, Spankie, Oldfield, Straight
22 April, 1880·2. Section 50, Act III of 1877, declares that registered documents relating to land of which registration is optional shall take effect against unregistered documents; and the word "unregistered" is defined in the explanation thereunder to mean, in cases where the document is executed after the firs...
High Court Of Judicature at Allahabad
Khuda Bakhsh vs Sheo Din And Anr.
Judges: Tyrrell, Mahmood
20 April, 1880·1. I am of opinion that this appeal must prevail, and the decree of the Lower Appellate Court be set aside, and the case be remanded for disposal on the merits. My reasons for this view are, that the suit was one for possession of a piece of land and for demolition of a 'charahi' "situate thereon. B...
High Court Of Judicature at Allahabad
Asghar Ali Shah vs Jhanda Mal And Anr.
Judges: Pearson, Oldfield
15 April, 1880·1. This is a suit for possession by establishment of right to a certain share of lands. In the course of proceedings for a partition in the Revenue Court under Act XIX of 1873 instituted on the application of defendant, the plaintiff objected to the extent of the share claimed by defendant and asser...
High Court Of Judicature at Allahabad
Gumani vs Ram Padarath Lal And Ors.
Judges: R Stuart, Straight
14 April, 1880·JUDGMENT Straight, J. 1. Section 43 of Act X of 1877, as amended by Act XII of 1879, is more apposite to the present case than s. 13. An obligation and a collateral security for its performance constitute the cause of action, and a plaintiff cannot be permitted to sue first in respect of the money-d...
High Court Of Judicature at Allahabad
Hira Singh vs Ganga Sahai And Anr.
Judges: R Stuart, Pearson, Spankie, Oldfield, Straight
12 April, 1880·Robert Stuart, C.J. 6. The judgment of Mr. Justice Pearson in this case is so entirely satisfactory to my mind that I cannot hesitate to express my concurrence in it. A distinction at the hearing appear to be taken between incapacity to take, by inheritance, and the capacity to enjoy by permitted ac...
High Court Of Judicature at Allahabad
Qutub Husain vs Jagat Narain And Anr.
Judges: Pearson, Spankie
12 April, 1880·JUDGMENT Pearson, J. 1. The argument set out in the ground of appeal is more ingenious and plausible in appearance than agreeable in substance to reason and equity. The contention is that the properties purchased by the defendants-appellants, which were equally with that purchased by the plaintiff s...
High Court Of Judicature at Allahabad
Mahtab Bibi vs Ram Narain Singh
Judges: Pearson, Oldfield
06 April, 1880·1. The two defendants in this case have instituted separate appeals which may be disposed of by one judgment. The defendants held decrees of the Revenue Court against Khair-un-nisa Bibi, and in course of execution of these decrees a share in mauza Dohowa, described as 11 annas, 5 kants, 3 jaus, was ...
High Court Of Judicature at Allahabad
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