Muhammad Khan vs Dhuman Khan
Judges: Aikman
24 December, 1896·JUDGMENT Aikman, J. 1. The parties to this suit are neighbours occupying adjoining houses in the city of Allahabad. The houses stand at right angles to one another. The house of the plaintiff looks towards the west, and that of the defendant towards the south. The land in the angle formed by the hou...
High Court Of Judicature at Allahabad
Suba Singh And Ors. vs Sarafraz Kunwar And Ors.
Judges: Knox, Banerji, Aikman
23 December, 1896·11. The portion of the Mitakshara which bears on the question is the chapter which relates to Inheritance and Partition, the, and our particular attention was directed to the passages which are to be found at page 203 of the Yajnavalkya Smriti by the late Babu Shastri Mogbe, 3rd Edition, Bombay, 189...
High Court Of Judicature at Allahabad
Anwari Begam vs Nizam-Ud-Din Shah
Judges: Blair, Aikman
23 December, 1896·2. The deed, which it was sought to set aside, was executed by Ghulam Jilani on the 21st of October 1891, and was registered by him at the office of the Sub-Registrar of Agra on the following day. The deed is printed at page 18 of the appellant's book. In it the executant sets forth that he is the a...
High Court Of Judicature at Allahabad
Badri Narain And Ors. vs Ram Nath And Ors.
Judges: J Edge, Kt, Blair, Banerji
23 December, 1896·1. This was a suit for pre-emption brought on the wajib-ul-arz of the village. By the wajib-ul-arz co-sharers had a right of pre-emption in the case of a sale made to a stranger. The sale in this case was effectuated by one sale-deed. The vendees were five in number, some of them being co-sharers. T...
High Court Of Judicature at Allahabad
Chunna Lal vs Anandi Lal And Ors.
Judges: Banerji
22 December, 1896·1. This was a suit for sale under a mortgage which comprised two items of property, namely, a piece of homestead land and a shop. The mortgagee held a simple decree for money against the mortgagor, in execution of which he caused the land and a two-thirds share in the shop to be sold by auction subj...
High Court Of Judicature at Allahabad
Hardeo Sahai vs Sohan Lal
Judges: J Edge, Kt, Blair
22 December, 1896·1. Hardeo Sahai brought a suit for partition of houses and shops against Sohan Lal. A decree for partition was made. By direction of the Court the plaintiff prepared two lots. The defendant was allowed be select which of these two lots he would take. The defendant selected one lot: the plaintiff too...
High Court Of Judicature at Allahabad
Akbar Yar Khan And Anr. vs Phul Chand
Judges: Blair, Banerji
19 December, 1896·2. The finding in reply is: That the income of the whole property averaged rupees 850 per annum at the date of the disposition. 3. The second was: What was the amount of expenditure required for the expenses connected with the fat eh a, also those connected with the kadam sharif, having regard to th...
High Court Of Judicature at Allahabad
Nakchedi Ram vs Ram Charitar Rai And Ors.
Judges: Banerji
18 December, 1896·JUDGMENT Banerji, J. 1. The plaintiff is a usufructuary mortgagee from the respondents of certain lands in the cultivation of tenants. The plaintiff sued some of the tenants for recovery of rent in a Court of Revenue. The tenants pleaded payment to defendants Nos. 6 and 7, who alleged themselves to ...
High Court Of Judicature at Allahabad
Chiddo vs Piari Lal And Anr.
Judges: Aikman
18 December, 1896·JUDGMENT Aikman, J. 1. This appeal arises out of a suit brought by the plaintiff for the redemption of a mortgage. The plaintiff succeeded in the Court of First Instance, but on appeal the learned Subordinate Judge reversed the decree of the Munsif and dismissed plaintiff's suit. The plaintiff comes...
High Court Of Judicature at Allahabad
Sheo Sahai vs Kashi Prasad
Judges: J Edge, Kt, Blair
18 December, 1896·1. The respondent on the 7th of May 1891, obtained a decree for sale under Section 88 of the Transfer of Property Act, 1882, against the appellant here. Subsequently to the making of that decree, and after expiration of the time for payment limited by the decree, the respondent obtained an order und...
High Court Of Judicature at Allahabad
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