Gauri Sahai vs Ashfak Husain And Ors.
Judges: Richards, Griffin
27 June, 1907·1. The suit, out of which this execution appeal arises, was brought to enforce payment of a mortgage by sale of the mortgaged property according to the provisions of the Transfer of Property Act. 2. There were a number of defendants to the suit representing the mortgagors. A decree against all the d...
High Court Of Judicature at Allahabad
Radha Bai vs Kamod Singh And Ors.
Judges: Banerji, Aikman
27 June, 1907·JUDGMENT Banerji and Aikman, JJ. 1. This appeal arises out of a suit for foreclosure of a mortgage made on the 10th of July 1896 by the defendants, Kamod Singh, Bhagwant Singh, Ratan Singh, Hira Singh and Mangal Singh, the last two of whom were minors on that date and executed the document through t...
High Court Of Judicature at Allahabad
Kashi vs Bajrang Prasad
Judges: Richards
22 June, 1907·JUDGMENT Richards, J. 1. The facts out of which this appeal arises are shortly as follows: In the year 1902 the plaintiff sued for redemption of certain mortgaged property. A decree was obtained on the 17th of December 1902. On appeal the amount decreed for redemption was increased, but the decree w...
High Court Of Judicature at Allahabad
Asharfi Lal And Anr. vs Chhannu Lal
Judges: Griffin
18 June, 1907·JUDGMENT Griffin, J. 1. One Jawahir Lal, the respondent, who was a pleader commencing practice at Agra, borrowed a sum of Rs. 1,200 from Chhannu Lal, the present appellant, and executed two promissory notes for that amount. Chhannu Lal instituted a suit to recover the amount of the promissory notes,...
High Court Of Judicature at Allahabad
Abdul Hamid vs Riaz-Ud-Din
Judges: Aikman
18 June, 1907·1. This is an application for the revision of a decree of the Court of Small Causes at Agra. The applicant filed a suit against the opposite party. On the 21st of December 1906 the Judge of the Court of Small Causes recorded a proceeding stating that the parties, being identified by their respective...
High Court Of Judicature at Allahabad
Amolak vs Abdul Majid And Ranji Lal
Judges: Aikman, Griffin
17 June, 1907·1. This is an appeal by the defendant vendee in a suit to establish a right of pre-emption. A preliminary objection is raised by the learned Counsel for the respondents on the ground that the memorandum of appeal was not properly stamped when it was presented. The stamp on the memorandum of appeal w...
High Court Of Judicature at Allahabad
Jas Ram vs Umed
Judges: Aikman
11 June, 1907·1. This is an appeal by a judgment debtor against whom a decree was passed under Section 90 of the Transfer of Property Act. On the 16th of February 1906 the respondent decree-holder applied for the attachment of a house and certain trees in, execution of this decree. The property was attached on th...
High Court Of Judicature at Allahabad
Raunak Husain vs Niadar Mal
Judges: Banerji, Aikman
06 June, 1907·JUDGMENT Banerji and Aikman, JJ. 1. The suit out of which this appeal has arisen was brought by the respondent Raunak Husain for a declaration that a decree dated 29th June 1903 was null and void. It appears that Abbas Ali and his cousin Ahmad Husain owned certain property. On the 9th of July 1881 b...
High Court Of Judicature at Allahabad
Nathi Mal And Anr. vs Tej Singh And Ors.
Judges: Banerji, Aikman
04 June, 1907·JUDGMENT Banerji and Aikman, JJ. 1. The main question which arises in this appeal is whether the suit brought by the plaintiffs appellants is maintainable having regard to the provisions of Section 233, Clause (k), of the Land Revenue Act No. III of 1901. The facts are as follows: In the village of ...
High Court Of Judicature at Allahabad
Wali-Ullah And Ors. vs Kaniz Fatima
Judges: Aikman
03 June, 1907·1. This appeal arises out of a suit brought by the plaintiff Wali-ullah for sale upon a mortgage after redemption of a prior mortgage. It appears that in 1891 the predecessor in title of one Musammat Sadiq-un-nissa made a mortgage in favour of Hakim Waris Ali of the property in suit. On the 18th of ...
High Court Of Judicature at Allahabad
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