Kalyan Das vs Muhammad Mahmud Ali
Judges: Banerji, Aikman
23 December, 1895·5. On the 18th of September 1874, the plaintiff obtained a decree on his mortgage of the 18th of April 1868, for the sale of Khera Buzurg, and in execution of that decree he has purchased that village. Neither Maya Ram nor his representatives were parties to the plaintiff's suit for sale. 6. The pla...
High Court Of Judicature at Allahabad
Inderjit vs Lal Chand And Anr.
Judges: Banerji, Aikman
23 December, 1895·1. The suit out of which this appeal has arisen was brought by the plaintiff-appellant to recover the balance of the amount of consideration for a sale-deed executed by him in favor of the respondents on the 18th of February 1888. 2. The plaintiff is the son of the daughter of one Jiwa Ram, and on t...
High Court Of Judicature at Allahabad
Parsidh Rai And Ors. vs Raji Nain And Ors.
Judges: J Edge, Kt, Burkitt
23 December, 1895·1. This was a suit for a declaration of title, and for possession, in the event of the plaintiffs being found not to be in possession. One of the grounds upon which the suit was resisted was that the matter had been concluded by the decision of the Settlement Officer on an award, and that Section 23...
High Court Of Judicature at Allahabad
Ghulam Shabbir vs Dwarka Prasad And Ors.
Judges: Knox, Blair
21 December, 1895·1. On the 20th of June 1892, and 20th of August 1892, certain properties in mauza Bhadoli and in mauza Loharli were sold in execution of a decree. The decree-holders were Dwarka Prasad and others, and the judgment-debtors were Maulvi Ghulam Kambar and Ghulam Shabbir and others. The amount of the pro...
High Court Of Judicature at Allahabad
Amanat Bibi And Anr. vs Ajudhia And Ors.
Judges: Banerji, Aikman
20 December, 1895·JUDGMENT Banerji and Aikman, JJ. 1. This was a suit brought by the appellant to recover compensation. The defendants Nos. 1 to 10 sold certain property to the plaintiffs by a sale-deed dated the 20th of June 1888, for a consideration of Rs. 6,000. It was stipulated in the sale-deed that if at the ti...
High Court Of Judicature at Allahabad
Shirin Begam And Anr. vs Agha Ali Khan And Ors.
Judges: Blair, Burkitt
16 December, 1895·2. The decree-holders appeal. 3. In my opinion the order under appeal cannot be supported. Section 311 of the Code of Civil Procedure permits a person whose immoveable property has been sold in execution of a decree to apply to have the sale set aside on the ground of a material irregularity in publ...
High Court Of Judicature at Allahabad
Sheikh Muhammad And Ors. vs Salima Bibi And Ors.
Judges: J Edge, Kt, Burkitt
14 December, 1895·Nothing in the section shall be deemed to enable plaintiffs to join in respect of distinct causes of action. 3. In addition to the cases which will be subsequently mentioned by name in our judgment, the following cases were referred to in the course of the argument on the question which we have to d...
High Court Of Judicature at Allahabad
Bhawani Prasad And Anr. vs Ghulam Muhammad And Ors.
Judges: J Edge, Kt, Burkitt
13 December, 1895·JUDGMENT John Edge, Kt., C.J. and Burkitt, J. 1. The plaintiffs in this suit purchased fourteen out of sixteen annas owned by the defendants in a village. They brought their suit to obtain possession of a portion of the sir land in the village, which had been held by the defendants as sir at the tim...
High Court Of Judicature at Allahabad
Debi Prasad vs Baldeo
Judges: J Edge, Kt, Burkitt
13 December, 1895·JUDGMENT John Edge, Kt., C.J. and Burkitt, J. 1. Whilst property was under attachment the judgment-debtor granted two leases of it. The plaintiff in this suit purchased that property at an auction sale held in execution of the decrees under which the property was under attachment. Section 276 of the...
High Court Of Judicature at Allahabad
Queen-Empress vs Khushali Ram And Ors.
Judges: J Edge, Kt
12 December, 1895·JUDGMENT John Edge, Kt., C.J. 1. A Magistrate, acting under Section 133 of Act No. X of 1882, made an order on Khushali Ram and others to remove an alleged unlawful obstruction or to appear at a time and place fixed by the order and move to have the order set aside or modified under Section 135. The...
High Court Of Judicature at Allahabad
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