Abbas Hussain vs Ashfaq Ahmad And Ors.
Judges: G Knox, K Husain
31 January, 1910·JUDGMENT 1. The facts out of which this appeal arises are as follows: The respondents to the appeal instituted a suit for declaration of title to certain landed property on the 29th of October, 1908. The defendants to that suit were two in number, one of whom was Syed Abbas Husain, the appellant bef...
High Court Of Judicature at Allahabad
Seth Nemi Chand vs Ganesh
Judges: Richards, K Husain
29 January, 1910·It is quite clear that under the mofussal law of mortgages, the right of ownership in the mortgaged property does not pass to the mortgagee, leaving only the equity of redemption in the mortgagor ; the right of ownership together with the right of redemption remain, with the mortgagor, and until the...
High Court Of Judicature at Allahabad
Debi Prashad vs Shama Charan
Judges: J Stanely, Banerji
29 January, 1910·JUDGMENT 1. This is a reference by the learned Munsif of Allahabad, purporting to be made under Section 617 of the old Code of Civil Procedure. The question submitted is, whether the salary of a public officer on leave is attachable, and whether the nature of his leave and the fact of his drawing ha...
High Court Of Judicature at Allahabad
Gulba vs Basanta And Ors.
Judges: J Stanley, Banerji
28 January, 1910·2. The defence was that the chaupal did not belong to the Lodh community but was the exclusive property of Kishan Lal the mortgagor of the appellants. It was also asserted that the amount of the mortgage was taken for the purpose of reconstructing the chaupal and that, therefore, the plaintiffs were...
High Court Of Judicature at Allahabad
Babu Nandan Pat Tewari vs Radha Keshun Kalwar And Ors.
Judges: J Stanley, Banerji
28 January, 1910·JUDGMENT 1. This appeal must prevail. So far as regards the question before the Court the suit was one for possession of land and for the demolition of a thatched cottage situate on that land. It appears from the evidence that the plaintiff and the defendants were co-sharers of the property in dispu...
High Court Of Judicature at Allahabad
Dori And Ors. vs Jiwan Ram
Judges: J Stanley, Banerji
27 January, 1910·6. Now it must be borne in mind that in the wajib-ul-arz with which the learned Chief Justice was dealing the right of pre-emption was a right of co-sharers "among themselves." These words "among themselves" indicate that to enjoy a right of pre-emption the claimant must not merely be a sharer in th...
High Court Of Judicature at Allahabad
Dip Chand vs Radha And Ors.
Judges: Richards, Tudball
27 January, 1910·JUDGMENT 1. The facts out of which this appeal arises appear in the order of remand dated the 9th July 1909. In that order three mortgages were referred to and certain issues were referred to the Court below. The first issue was "Had the defendants Nos. 5 and 6 notice of the bonds mentioned in the p...
High Court Of Judicature at Allahabad
Ramjas Ahir And Ors. vs Babu Aman Sahai And Ors.
Judges: Piggot
26 January, 1910·JUDGMENT Piggot, J. 1. This was a suit for preemption based upon village custom. It was resisted partly on the ground of limitation and partly by denial of the custom set up by the plaintiffs, while there was also an issue as to the amount of consideration. The Court of first instance dismissed the ...
High Court Of Judicature at Allahabad
Bhagwan Das vs Hari Ram And Anr.
Judges: Piggott
26 January, 1910·2. I refer to Lachman v. Gulzari Lal 1 A.L.J. 201 and Puna Mal v. Makhdum Bakhsh 6 A.L.J. 584 : 3 Ind. Cas. 566 : 31 A. 514. 3. It was, therefore, not on the appellant to prove denial of title, but on the plaintiff-respondent to prove such payment of rent or admission of title as would serve to exte...
High Court Of Judicature at Allahabad
Sri Raman Lalji vs Desraj
Judges: G Knox, Richards
20 January, 1910·JUDGMENT 1. The question which arises in this application is whether or not the learned District Judge was right in returning the memorandum of appeal, in an execution matter to the judgment-debtor-appellant for presentation to the High Court. The suit out of which the execution matter arose was one...
High Court Of Judicature at Allahabad
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