Mohib-Ullah vs Abdul Khalik And Ors.
Judges: Aikman
31 March, 1908·JUDGMENT Aikman, J. 1. The respondents attached a house as belonging to their judgment-debtor, Wali Muhammad, against whom they had obtained a decree. The house had belonged to Ghazi the father of Wali Muhammad. It is proved that Ghazi by a deed of gift executed on the 6th of April 1906, gave the ho...
High Court Of Judicature at Allahabad
Banarsi Prasad vs Basti Begam And Mumtaz Ahmad And ...
Judges: J Stanley, W Burkitt
28 March, 1908·3. The mortgage of the 23rd of October 1807 was registered on the 29th of that month, the date of the plaintiff's mortgage, and the plaintiff had no notice of it when he obtained his mortgage. The plaintiff's mortgage was registered on the 22nd of March 1898. 4. The question is whether the sham mort...
High Court Of Judicature at Allahabad
Hakim Singh And Anr. vs Ram Singh
Judges: Aikman, K Husein
26 March, 1908·JUDGMENT Aikman and Karamat Husein, JJ. 1. The respondent obtained a decree under Section 88 of the Transfer of Property Act against the appellants directing them to pay a sum of money, and in. default ordering that the property mortgaged to the respondent should be sold. The respondent applied for ...
High Court Of Judicature at Allahabad
Ahmad Husain And Ors. vs Asma Bibi
Judges: K Husein
23 March, 1908·5. The view is based, not upon any principle, but upon the change of language made in Section 551 by Section 47 of Act VII of 1888, as appears from the following remarks of the learned Judges. They say: 'The change of language made in 1888 in that section by the Legislature shows, we think, that it ...
High Court Of Judicature at Allahabad
Gobind Prasad vs Gomti And Ors.
Judges: J Stanley, W Burkitt
17 March, 1908·JUDGMENT John Stanley, C.J. and William Burkitt, J. 1. Of the two grounds of appeal pressed before us in argument, the first is that Dwarka Prasad had no power under Hindu law, or under the award of the 28th of May, 1879, to appoint the defendants 2--4 as muta-wallis of the temple in the pleadings r...
High Court Of Judicature at Allahabad
Sher Singh vs Sri Ram And Anr.
Judges: Aikman, K Husein
16 March, 1908·JUDGMENT Aikman and Karamat Husein, JJ. 1. The respondents decree-holders, in execution of a money decree which they had against the appellant, applied for the attachment of the profits which were then due to him from the lambardar of the village on account of the kharif harvest of 1313 Fasli, and a...
High Court Of Judicature at Allahabad
Banni Begam vs Khairati
Judges: Richards
14 March, 1908·1. Khairati, defendant in the present suit, brought a suit on the 29th August 1904 upon foot of a mortgage, dated the 10th December 1895, whereby Intizam Begam mortgaged the property, the subject matter of the present suit to him. He only made his mortgagor Intizam Begam, a defendant to the suit. A ...
High Court Of Judicature at Allahabad
Bihari Singh vs Saddu
Judges: G Knox, Banerji, Aikman
13 March, 1908·George Knox, J. 3. I agree with the view taken by my brother Banerji, and also in the order proposed by him. As pointed out by him in his judgment, the learned advocate for the respondent based much of his argument upon the case of Panna v. Nasir Husain Weekly Notes 1902, p. 60. I was one of the jud...
High Court Of Judicature at Allahabad
Wilayati Begam vs Nand Kishore
Judges: J Stanley, W Burkitt
12 March, 1908·1. The facts of this case are fully set out in the judgment of the learned Judge of this Court from whose decision this appeal has been preferred. They are not complicated. The plaintiff Musammat Wilayati Began was entitled to an undivided share of the estate of one Nihali Begam consisting of a 16 b...
High Court Of Judicature at Allahabad
Bhup Singh And Ors. vs Ram Din
Judges: Aikman, K Husein
11 March, 1908·4. The plaintiff had another remedy, which he was not only entitled to sue for but bound to sue for in the previous suit, and that was to have an account taken and a decree passed for any surplus received by the mortgagee after discharge of the mortgage debt. As remarked by Jenkins, C.J., in Vinayak...
High Court Of Judicature at Allahabad
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