Muhammad Husain And Anr. vs Ilahi Bakhsh
Judges: Chamier
08 July, 1912·JUDGMENT Chamier, J. 1. This is an appeal against an order of the District Judge of Gorakhpur, rejecting the petition of the appellants to be declared insolvent. The ground given for the rejection of the petition is that it was not presented in good faith and that the appellants' object was not real...
High Court Of Judicature at Allahabad
Buddha Singh And Ors. vs Laltu Singh And Anr.
Judges: Banerji, Piggott
06 July, 1912·13. It is also urged that if son includes the grandson, the daughter's grandson would succeed after the daughter's son. The answer to this is that the daughter's son succeeds because he is assigned a particular place by Yajnavalkya in the text quoted above, otherwise he would have succeeded as bandh...
High Court Of Judicature at Allahabad
Buddha Singh And Ors. vs Laltu Singh And Ors.
Judges: Banerji, Piggott
06 July, 1912·12. On the other hand, Apararka and Vaijayanti clearly support the view that the grandson of the paternal uncle succeeds before the line of the great grandfather comes in. Mr. Mandlik and Mr. Golap Chandra Sarkar adopt the list of heirs specifically mentioned in the Mitakshara and would not extend t...
High Court Of Judicature at Allahabad
Jugal Kishore Sahu And Anr. vs Kedar Nath And Anr.
Judges: Chamier, Piggott
04 July, 1912·1. This was a suit upon a mortgage made in January, 1888, in favour of the predecessor of the appellants. The mortgage covered shares in several villages, including a two anna share in a village called Haria. In May, 1895, the mortgagors sold a one anna six pie share in Haria to one Asuda Bibi, leav...
High Court Of Judicature at Allahabad
Jugal Kishore Sahu And Anr. vs Kedar Nath And Ors.
Judges: Chamier, Piggott
04 July, 1912·1. This was a suit upon a mortgage made in January 1888 in favour of the predecessor of the appellants. The mortgage covered shares in several villages including a two-annas share in a village, called Haria. In May 1895, the mortgagors sold a one-anna-six-pies share in Haria to one Asuda Bibi, leavi...
High Court Of Judicature at Allahabad
Wajid Ali vs Safqat Husain
Judges: H Richards, Tudball
04 July, 1912·JUDGMENT 1. This appeal arises out of a suit for redemption of a mortgage. On the 30th of April 1897, one Mashuk Ali mortgaged his estate under two documents in favour of the defendant No. 1, On the 14th of May 1906, his heirs sold the equity of redemption to the defendant No. 2. Defendant No. 2, on...
High Court Of Judicature at Allahabad
Jamna Kuer vs Abdul Nabi And Ors.
Judges: Chamier, Rafique
04 July, 1912·1. The appellants and the respondents other than Abdul Nabi are the owners, i.e., ground landlords of kasba Kanth, which is a small town of about 8,000 inhabitants in the Moradabad District. Pir Bakhsh, a teli, was the occupier of four small houses in the town. He died and was succeeded by his son, ...
High Court Of Judicature at Allahabad
Ram Parshad Rai And Anr. vs Nawab Chowdhury And Ors.
Judges: Chamier, Rafique
03 July, 1912·JUDGMENT 1. On April 15th, 1864, one Dargahi made an usufructuary mortgage of property in favour of Bhawani Din and placed him in possession. Four days later, he executed in favour of Bhawani Din a document on which the present suit is based. The material portion of the document is set out in the ju...
High Court Of Judicature at Allahabad
Ramdhani Misir And Ors. vs Parmeshar Kurmi And Ors.
Judges: Chamier, Rafique
03 July, 1912·JUDGMENT 1. Kunjan and his nephew, Basawan, mortgaged certain land in 1886 and 1892. Nath mortgages came to be vested in one Nakchhedi Pande. In 1898, Basawan, alone, mortgaged the property to Ram Lagan, the father of the present defendants first party. Ram Lagan brought a suit on his mortgage again...
High Court Of Judicature at Allahabad
Yakub Husain vs Bharat Indo And Ors.
Judges: Piggott
03 July, 1912·JUDGMENT Piggott, J. 1. This was a suit for partition of certain houses. A preliminary decree was passed dismissing a portion of the claim, but declaring the plaintiffs' right to possession by partition of certain specified shares in each of the two houses. This declaration was, however, subject to ...
High Court Of Judicature at Allahabad
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