Robert Skinner vs Shanker Lal
Judges: G Knox, Aikman
27 May, 1908·JUDGMENT 1. The respondent in this appeal got his name entered in the Khewat in spite of appellant's objections by order of the Settlement Officer on the 5th of May 1899. On the strength of the entry the respondent, on the 5th of May 1903, instituted a suit for profits of the share in respect of whi...
High Court Of Judicature at Allahabad
Ranjit Singh vs Baldeo Singh And Anr.
Judges: Aikman, Griffin
25 May, 1908·JUDGMENT Aikman and Griffin, JJ. 1. The appellant, on the 20th of November 1897, purchased certain immovable property in execution of his own decree, and the sale was confirmed on the 5th of January 1898. The appellant took no steps to obtain a sale, certificate until the 15th of September 1905, and...
High Court Of Judicature at Allahabad
Dwarka Das And Anr. vs Akhay Singh
Judges: J Stanley, K Husain
25 May, 1908·3. The plaintiffs have preferred a second appeal to this Court. It is contended on their behalf that the question of the liability of the defendant No. 1 to pay Rs. 151-8-0 to the plaintiff is res judicata by reason of the judgment of the High Court between the same parties, dated the 14th August 19...
High Court Of Judicature at Allahabad
Collector Of Mirzapur vs Dawan Singh And Ors.
Judges: J Stanley, Banerji
22 May, 1908·JUDGMENT John Stanley, C.J. and Banerji, J. 1. The suit which has given rise to this appeal was brought by the plaintiff appellant to recover the amount of a mortgage bond, dated the 17th of April 1899. It was a registered document, and provided that the amount secured by it should be paid by instal...
High Court Of Judicature at Allahabad
Chattar Singh vs Mul Kunwar And Ors. And Musammat ...
Judges: J Stanley, Banerji
22 May, 1908·2. The Court of first instance granted the second prayer in the plaint, and the decree of that Court has been affirmed by the lower appellate Court. 3. The defendants have preferred this appeal, and the first contention raised on their behalf is that the claim is barred by limitation. We may observe...
High Court Of Judicature at Allahabad
Gobind Das vs Ghasitey And Baij Nath And Anr.
Judges: J Stanley, Banerji
21 May, 1908·JUDGMENT John Stanley, C.J. and Banerji, J. 1. This appeal arises in a suit for pre-emption brought under the following circumstances. One Janki Das sold his share in certain property on the 10th of July 1905 to Baijnath, who is a stranger. On the 1st of June 1906, the present suit was instituted by...
High Court Of Judicature at Allahabad
Kallu And Anr. vs Faiyaz Ali Khan And Ors.
Judges: G Knox, Aikman
21 May, 1908·1. This appeal arises out of a suit brought by the appellants to recover possession of a half share in 76 bighas and 5 biswas, which was mortgaged by two brothers Sher Singh and Khaman Singh in 1858. The plaintiffs' allegation is that the mortgage debt has been satisfied by the usufruct. The brother...
High Court Of Judicature at Allahabad
Jangi Singh vs Chandar Mol
Judges: Aikman, Griffin
20 May, 1908·JUDGMENT Aikman and Griffin, JJ. 1. This is an appeal by a judgment-debtor. The question which we have to decide is whether an application made by the respondent for a decree against the appellant under Section 90 of the Transfer of Property Act is time-barred. On the 5th of August 1893, the appella...
High Court Of Judicature at Allahabad
Fazl-Ur-Rahman And Ors. vs Shah Muhammad Khan And Ors.
Judges: Aikman, Griffin
18 May, 1908·JUDGMENT Aikman and Griffin, JJ. 1. The sole question raised in this appeal is whether an application for execution presented by the appellants is or is not barred by limitation. The application was to execute two decrees which were passed on the 8th of March, 1901. Against these decrees appeals wer...
High Court Of Judicature at Allahabad
Anandi Kunwari vs Ajudhia Nath
Judges: Aikman, Griffin
18 May, 1908·JUDGMENT Aikman and Griffin, JJ. 1. This is an application for revision of an order of the learned District Judge of Gorakhpur allowing the appeal of an auction purchaser against the order of the Munsif setting aside a sale under Section 310A of the Code of Civil Procedure. The facts out of which th...
High Court Of Judicature at Allahabad
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