Wajid Ali Khan vs Shafkat Husain
Judges: J Stanley, Griffin
30 July, 1910·1. The question in this appeal is whether two documents dated respectively the 30th April, 1897, are to be read together, and if so read constitute a transaction amounting to a mortgage. The lower appellate Court has read them separately and has treated the transaction as an out and out sale with an...
High Court Of Judicature at Allahabad
Beti Kuar And Ors. vs Janki Kuar
Judges: J Stanley, Banerji
29 July, 1910·JUDGMENT 1. The facts of this case are stated in the judgment just, now delivered in Jwala Pershad v. Janki Kunr 7 A.L.J. 975 : 7 Ind. Cas. 905. The contention on behalf of the appellants is, that as there was a partition between the sons of Duni Kunwar she as their mother acquired a third share in ...
High Court Of Judicature at Allahabad
Jwala Prasad vs Janki Kuar
Judges: J Stanley, Banerji
29 July, 1910·KHUSHAL ________________|__________ | | | Jawala Prasad Daryao Umrao =Duni | | | Jaswant. Gandhrap | | | Jawala Prasad, | adopted. ____|____________________ | | | Kalka Sarsuty, Gurdial =Janki. daughter. =Raniji. 2. The suit which has given rise to this and the connected appeal was brought by Duni K...
High Court Of Judicature at Allahabad
Tulshi Ram Sahu And Anr. vs Gur Dayal Singh And Anr.
Judges: J Stanley, G Knox, Banerji
28 July, 1910·4. An appeal under the Letters Patent was then preferred and correctness of the decision in Ram Dihal Rai v. The Maharaja of Vizianagram 30 A. 488 : A.W.N. (1908) 210 : 5 A.L.J.578 is challenged. My brother Banerji and myself, before whom the appeal came for hearing, were of opinion, that the questi...
High Court Of Judicature at Allahabad
Batasi Lal vs Arjun Singh
Judges: J S C J, Banerji
28 July, 1910·JUDGMENT 1. This appeal arises out of a suit for pre-emption. The facts are these:-- One Karan Singh executed a deed of conditional sale in favour of Batasi Lal, the defendant-appellant. Subsequently he sold his interests in the mortgaged property i.e., the equity of redemption, to Net Ram defendant...
High Court Of Judicature at Allahabad
Lalji Misir And Ors. vs Jaggu Tiwari And Anr.
Judges: J Stanley, Banerji
27 July, 1910·JUDGMENT 1. This appeal arises out of a pre-emption suit. The defendant Hazari executed in favour of the defendant Jaggu a perpetual lease which purports to be a lease of a share; in Manga Bichhanpur, District Ghazipur, at any early rent or Rs. 5-14-6 on payment of a fine of Rs. 1,430. The plaintiff...
High Court Of Judicature at Allahabad
Shaikh Muhammad Sadiq vs Ghaus Muhammad
Judges: J Stanley, Banerji, Chamier
26 July, 1910·JUDGMENT 1. This appeal arises out of a suit for sale upon a mortgage, dated the 19th of January 1886, executed in favour of one Chet Ram. It has been found that Chet Ram was only banamidar for the vendors of the plaintiff and that those persons were the real mortgagees. On the 13th of July 1886, th...
High Court Of Judicature at Allahabad
Pandit Sudarshan Das Shastri vs Ram Pershad And Ors.
Judges: J Stanley, Banerji
21 July, 1910·1. This appeal arises out of a suit for redemption of a mortgage of the 7th of June 1874. The mortgage is a usufructuary mortgage and the principal sum secured by it is only Rs. 100. The Court of first instance gave a decree to plaintiffs for redemption and awarded them a sum of Rs. 4,267-12-2 as re...
High Court Of Judicature at Allahabad
Kishori Lal And Ors. vs Kuber Singh
Judges: J Stanley, Banerji
21 July, 1910·1. The facts of this case are these:-- The unit is one for the recovery of property which was bought by the plaintiffs at a sale in execution of a decree on the 20th of September, 1901. This sale was set aside by the Munsif on the 26th of September, 1901. On appeal the order of the Munsif setting as...
High Court Of Judicature at Allahabad
Amin Beg vs Musammat Saman
Judges: J Stanley, Banerji
20 July, 1910·JUDGMENT 1. This appeal arises out of a suit for restitution of conjugal rights. The plaintiff and the defendant both being Muhammadans were married a number of years ago. The defendant Musammat Saman has apostatised from Islam and become a Christian, and has since left the protection of her husband...
High Court Of Judicature at Allahabad
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