Badri Mallah And Anr. vs Sudama Mal And Ors.
Judges: Chamier
29 June, 1912·JUDGMENT Chamier, J. 1. This was a suit upon a mortgage of a grove. The mortgagor is a tenant of the mortgagee. It was fouud by the first Court that the trees mortgaged stood on what is the occupancy holding of the mortgagor. The Munsif dismissed the suit, holding that a simple mortgage of an occupa...
High Court Of Judicature at Allahabad
Mathuri And Ors. vs Gurcharan And Anr.
Judges: K Husain, Tudball
29 June, 1912·3. After it had been filed, they produced the books of Sambat 1958 to Sambat 1960 The defendants pressed for the books prior to Sambat 1958 as they were said to contain the entries as to payments. Thereupon the plaintiffs Pleader on instruction stated that there were not and never had been any regul...
High Court Of Judicature at Allahabad
Bhagwati Singh And Ors. vs Sarup Singh And Ors.
Judges: Chamier
29 June, 1912·JUDGMENT Chamier, J. 1. This was a suit by the appellants noon a document executed in favour of their ancestor, Sheo Mangal Singh, by the first respondent, Sarup Singh, on September 20th, 1887. The appellants contended that the document was a simple mortgage and they claimed a decree for sale of cer...
High Court Of Judicature at Allahabad
Chandan Singh vs Bidhya Dhar And Anr.
Judges: Chamier
28 June, 1912·JUDGMENT Chamier, J. 1. This was a suit by the applicant on an instalment-bond, dated October 28th, 1895, for the recovery of instalments said to be due for the Sambat years 1965, 1966, 1967 and 1968. The applicant alleged that the instalments had been regularly paid from the date of the bond up to ...
High Court Of Judicature at Allahabad
Pohkar Singh And Anr. vs Ram Din And Ors.
Judges: Piggott
27 June, 1912·JUDGMENT Piggott, J. 1. This was a suit for foreclosure on a mortgage, dated the 21st of May 1877. The first defendant, Ram Din, was implicated as heir of the mortgagor, and there were some 19 other defendants implead-ed as subsequent transferees. For the purpose of the appeal now before m9, it is s...
High Court Of Judicature at Allahabad
Mohib Ali vs Surat Singh
Judges: Chamier
27 June, 1912·JUDGMENT Chamier, J. 1. This appeal arises out of a suit brought by the appellant in a Court of ' Munsif for the ejectment of the respondent from two plots of land. The suit was resisted on the ground that the parties were landlord and tenant and, therefore, the Civil Court had no jurisdiction. The ...
High Court Of Judicature at Allahabad
Gajadhar Teli vs Musammat Bhagwanta And Anr.
Judges: K Husain, Tudball
26 June, 1912·3. On the same date, Abid and Shafi and their two brothers, Nadir and Yusuf, mortgaged several properties to Mahadeo Pershad. Among these, was the 8 bighas, 19 dhurs zemindari purchased by Abid and Shaft alone. On 4th January 1890, Radhe and Chirkit sold their mortgagee rights under the deed of 20th...
High Court Of Judicature at Allahabad
Moti Begam vs Har Prasad And Anr.
Judges: Tudball
26 June, 1912·JUDGMENT Tudball, J. 1. The amendment has been made. Court-fee must be paid on the amount of the prior charge. I allow two days to make good the deficiency....
High Court Of Judicature at Allahabad
Gajadhar Teli vs Bhagwanta And Anr.
Judges: K Husain, Tudball
26 June, 1912·4. An examination of the plaint shows that Mahadeo Prasad, among other reliefs, asked for sale of the 3 bighas, 19 dhurs zamindari in default of payment. He did not seek to sell it subject to the prior mortgage. He sought the sale of the property, plain and simple, and made no mention of the prior m...
High Court Of Judicature at Allahabad
Mahadeo Rai And Ors. vs Raghu Naik Rai And Ors.
Judges: H Richards, Banerji
25 June, 1912·JUDGMENT 1. This appeal arises out of a suit brought under the following circumstances. Inderdeo Rai and others applied for partition of Mahal Sherpar which included 57 bighas, 14 biswas and 14 dhurs of land, which is the subject-matter of the present suit. The plaintiffs in, the present suit, or th...
High Court Of Judicature at Allahabad
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