Rambaran Upaddhia And Anr. vs Kashi Upaddhia And Ors.
Judges: K Husain
30 April, 1910·JUDGMENT Karamat Husain, J. 1. In this case on the 8th of July 1908, Altaian, J., under the provisions of Section 562 of the Code of Civil Procedure, remanded the case for trial to the learned District Judge, who, instead of carrying out the order of this Court himself, remanded the case by his orde...
High Court Of Judicature at Allahabad
Tafazul Husain vs Than Singh And Anr.
Judges: Richards, Tudball
29 April, 1910·JUDGMENT 1. This appeal a-rises out of a suit for pre-emption. The property sought to be pre-empted is zamindari and the vendor and pre-emptor are Muhammadans. It is admitted that the right of preemption, if any, is based on Muhammadan law. The facts are quite clear. At the time of the sale, the pla...
High Court Of Judicature at Allahabad
Raghunandan Lal And Ors. vs Matru Mal
Judges: Richards, Tudball
29 April, 1910·1. This appeal arises out of a suit in which the plaintiffs claimed specific performance of an alleged contract for the sale of land, and in the alternative to recover a sum of Rs. 2,600 with Rs. 195 interest. The plaintiffs stated their cause of action as follows: That there was a decree against on...
High Court Of Judicature at Allahabad
Bandhu Ahir vs Bisheshar Rai And Ors.
Judges: Griffin
26 April, 1910·JUDGMENT Griffin, J. 1. This appeal arises out of a suit for pre-emption. The question raised in it is whether the entry in the wajib-ul-arz relied on as proof of a custom is evidence of a custom or of a contract. Both the Courts below have held that the entry in this wajib-ul-arz of 1860 is evidenc...
High Court Of Judicature at Allahabad
Chhedi Kandu And Ors. vs Emperor
Judges: G Knox
26 April, 1910·1. Th is case has been / very properly reported by the learned Sessions Judge of Azamgarb. The order made by the learned Magistrate under Section 476, Criminal Procedure Code, is entirely unwarranted. The facts so far as they appear from the record are that on th0e 22nd November 1909 a telegram purp...
High Court Of Judicature at Allahabad
Ramzan Ali Khan vs Musammat Asghari Begam And Anr.
Judges: Richards, Tudball
25 April, 1910·2. The plaintiff appeals and claims that he is entitled to possession, notwithstanding that the dower debt remains undischarged. He relies upon the fact that when the defendant applied for mutation of names she merely claimed mutation as sole heir of her deceased husband and that, therefore, she was...
High Court Of Judicature at Allahabad
Musammat Panna Bibi vs Musammat Habiba And Anr.
Judges: Richards, Griffin
22 April, 1910·JUDGMENT 1. This appeal arises out of a suit to set aside a certain sale-deed dated the 6th of February 1894. The sale-deed has been found to have been duly executed by the plaintiff. The deed transferred certain zamindary property to the defendants. Various pleas have been raised, but it seems to u...
High Court Of Judicature at Allahabad
Naipal Sonar vs Sheo Narain Sonar
Judges: Banerji
22 April, 1910·JUDGMENT Banerji, J. 1. The facts of this case are simple. One Chhagan, goldsmith, obtained a decree for sale under Section 88 of the Transfer of Property Act against Jagannath and others on the 21st February 1901. Upon the death of Chhagan, Bhiki, the father of the plaintiff, Sheo Narain, and Naipa...
High Court Of Judicature at Allahabad
Sahdeo Rai And Ors. vs Ram Sewak Rai And Ors.
Judges: Richards, Tudball
21 April, 1910·JUDGMENT 1. This appeal arises out of a suit for sale brought on the basis of a mortgage, dated the 13th April 1891, which was executed by one Isri Rai for a sum of Rs. 499. The plaintiffs-respondents made parties to this suit the present appellants, sons and grandsons of Tsri Rai and Radha Kishen &...
High Court Of Judicature at Allahabad
Ishar Dat Tiwari vs Ram Harak Tiwari And Ors.
Judges: J Stanley, Banerji
16 April, 1910·1. The suit, out of which this appeal has arisen, was brought by the plaintiffs for recovery of portion of a grove which they alleged had been improperly sold by the tenants to the defendant-appellant, Ishar Dat. One of the tenants of the portion of the village in question, Dullam Bahelia, on the 4t...
High Court Of Judicature at Allahabad
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