Debi Chand vs Bharat And Ors.
Judges: Chamier
24 June, 1912·JUDGMENT Chamier, J. 1. This was a suit by a usufructuary mortgagee against his mortgagors on the basis of a kabuliyat signed by them. It appears that on the day when the mortgage was made, the mortgagee gave the mortgagers a lease of part of the mortgaged property. The land leased was old khudkasht...
High Court Of Judicature at Allahabad
Bhagwandin vs Mata Dayal And Ors.
Judges: Piggott
24 June, 1912·JUDGMENT Piggott, J. 1. The essential facts of this case are given in my remand order, dated the 26th of April 1912. I may so far recapitulate them as to point out that a share of 101/2 pies in an undivided patti of 4 annas was mortgaged by one Musammat Jitan, the recorded owner of the same and was ...
High Court Of Judicature at Allahabad
Nandan Singh vs Jumman And Ors.
Judges: G Knox, K Husain
24 June, 1912·5. There is a conflict of authority on the second point, and before going into the case-law on the subject I deem it fit to set forth the conclusion to which the legal principles lead. Adverse possession in the nature of things is impossible against a person who has no right to possession and hence ...
High Court Of Judicature at Allahabad
Jaikaran Singh vs Musammat Bundao And Ors.
Judges: Piggott
24 June, 1912·JUDGMENT Piggott, J. 1. I take the foil wing facts from the judgment of the lower Appellate Court: The defendant-respondent, Musammat Bundao, obtained a decree against Jaikaran Singh, the plaintiff-appellant, and his brothers, as the heirs and legal representatives of their grandfather, Udit Singh. ...
High Court Of Judicature at Allahabad
Chajju Mal And Ors. vs Nathan
Judges: K Husain, Tudball
24 June, 1912·JUDGMENT 1. This was a suit upon a mortgage. dated the 15th of March 1890, executed in favour of the predecessor-in-interest of the plaintiffs. Three sons of the original mortgagee brought the suit. An adult and a minor member of the joint family were not made plaintiffs. The Court of first instance...
High Court Of Judicature at Allahabad
Sheo Das Dube vs Dalganjan Dube And Ors.
Judges: Piggott
24 June, 1912·1. This second appeal raises a plain question of law. A Hindu widow in possession as such of her late husband's estate sold certain zemindari property which formed a portion of the said estate to the next reversioner, that is to say, to the one person who would have been entitled to succeed to the e...
High Court Of Judicature at Allahabad
Musammat Tarifan And Ors. vs Fateh Din And Ors.
Judges: Chamier
22 June, 1912·1. This appeal arises out of a suit for redemption of a mortgage alleged to have been made by one Imam Baksh in 1859. The plaintiffs are the grand children and great-grand children of Imam Baksh. Defendants Nos. 1 to 5 are the sons and grandsons of one of the three original mortgagees and defendants...
High Court Of Judicature at Allahabad
Tulshi Ram vs Sunder Lal And Ors.
Judges: Piggott
21 June, 1912·JUDGMENT 1. On the 13th of October 1891, Ram Sahai, ancestor of the defendants, mortgaged two shops with possession to the plaintiff, Tulshi Ram. The following day he took a further loan of Rs. 200 and executed a kabuliat, duly registered, by which he undertook to hold one of the two shops as a tena...
High Court Of Judicature at Allahabad
Kanhai vs Tilak And Anr.
Judges: Chamier
21 June, 1912·JUDGMENT Chamier, J. 1. This was a suit by the appellant for possession of lands mortgaged to him by the first respondent in August 190?; in the alternative, he prayed for a decree for the mortgage-money against the mortgagor personally. It is now conceded on behalf of the appellant that he is not e...
High Court Of Judicature at Allahabad
Mutsaddi Lal And Anr. vs Muhammad Hanif And Ors.
Judges: Chamier
21 June, 1912·JUDGMENT Chamier, J. 1. This was a suit for the recovery of Rs. 249 on the basis of a simple mortgage made on the 19th of August 1835. The mortgagees transferred all their rights under the mortgage to the plaintiffs by an unregistered deed of sale, dated the 2nd of December 1898. The present suit wa...
High Court Of Judicature at Allahabad
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