Jaikaran Bharti vs Raghunath Singh
Judges: Blair, Aikman
31 January, 1898·1. This is a plaintiff's second appeal. His suit has been dismissed by the Court of First Instance and also by the Lower Appellate Court. The suit was brought to set aside an auction-sale which had taken place in execution of a decree in a suit for sale. The point raised in appeal is that the Courts...
High Court Of Judicature at Allahabad
Sri Girdhariji Maharaj vs Chote Lal And Ors.
Judges: J Edge, Burkitt
28 January, 1898·1. This appeal has arisen in a suit brought by the zamindar against the occupiers of a house in the abadi of his village and against one Ghote Lal, who purchased at auotion-sale under a decree against the occupiers such rights as the occupiers had in the house. The occupiers made no defenoe to the s...
High Court Of Judicature at Allahabad
Kadri Begam vs Abdul Majid Khan
Judges: J Edge, Burkitt
25 January, 1898·1. In this suit Musammat Kadri Begam sues her son, Abdul Majid Khan, on an award, to obtain a decree for sale. The facts of the case are somewhat peculiar. The plaintiff was the wife of one Nawab Rashid Khan, who was the owner of the property sought to be sold. He assigned the property to his wife, ...
High Court Of Judicature at Allahabad
Sadiq Ali vs Pitam Mal, Sughra Fatima And Ors.
Judges: Knox, Blair
20 January, 1898·JUDGMENT Knox and Blair, JJ. 1. A preliminary objection Las been raised to the bearing of this appeal, namely, that inasmuch as the decree is in accordance with the award, no appeal lies. In answer to this, two points have been taken. The first is, that inasmuch as all the parties to the suit did no...
High Court Of Judicature at Allahabad
Daulat Ram vs Anwar Husen
Judges: Aikman
19 January, 1898·1. On the 18th January 1893, the appellant Daulat Ram purchased from the respondent Anwar Huaen his proprietary rights in a certain village. On the following day Anwar Husen executed in favour of Daulat Ram a kabuliat by which he undertook to hold his sir land as a tenant of Daulat Ram, for a term o...
High Court Of Judicature at Allahabad
Kishen Sahai vs Bakhtawar Singh And Ors.
Judges: J Edge, Burkitt
19 January, 1898·1. The plaintiffs, who are respondents here, brought their suit against their landlord, who was the zamindar, the appellant here, to recover compensation for their property which was sold in execution of a decree for rent made by a competent Court. The first Court dismissed the suit, holding that th...
High Court Of Judicature at Allahabad
Sharf-Ud-Din Khan vs Fatehyab Khan
Judges: J Edge, Burkitt
17 January, 1898·JUDGMENT John Edge, C.J. and Burkitt J. 1. This appeal arises out of an assessment of mesne profits. The appellant complains, firstly, that he was deprived of the benefit of evidence in the suit which was on the record in the High Court at the time when the mesne profits were being assessed. In orde...
High Court Of Judicature at Allahabad
Biri Singh And Anr. vs Nawal Singh And Ors.
Judges: J Stanley, Burkitt
16 January, 1898·JUDGMENT John Stanley, C.J. and Burkitt, J. 1. This is an appeal from a decree of the Subordinate Judge of Mainpuri dismissing the plaintiff's suit, which was brought to recover the amount duo to them upon a mortgage, dated the 25th of September, 1875, and to redeem, if necessary, any prior mortgage...
High Court Of Judicature at Allahabad
Raj Bahadur vs Kanhaia Lal And Anr.
Judges: J Stanley, Burkitt
15 January, 1898·2. This being so, if the plaintiff had confined himself to this issue, the decree in his favour would have been unassailable, inasmuch as he was not impleaded in either of the mortgage suits. He did not, however, do soy but went further and set up the case that the mortgages were tainted with immora...
High Court Of Judicature at Allahabad
The Muncipal Board Of Cawnpore vs Lallu And Anr.
Judges: Blair, Aikman
12 January, 1898·2. The plaintiffs are Gangaputras, and have no doubt themselves; as have, it is alleged, their ancestors, exercised their functions upon the Sarsaiya ghat. Others of the same class have done the same. What they claim is a right as Gangaputras to occupy to the exclusion of all other persons certain p...
High Court Of Judicature at Allahabad
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