Chhatku Rai And Anr. vs Baldeo Shukul And Ors.
Judges: H Richards, Banerji
21 June, 1912·1. The vendors of the plaintiffs in this appeal made a usufructuary mortgage in favour of the defendants of the second party. The consideration for the mortgage was Rs. 599-15-0. All save Rs. 50-15-0 were left with the mortgagees for payment of creditors of the mortgagors. It has been found, as the ...
High Court Of Judicature at Allahabad
Chhotku Rai And Anr. vs Baldeo Shukul And Ors.
Judges: H Richards, Banerji
21 June, 1912·1. The vendors of the plaintiffs in this appeal made a usufructuary mortgage in favour of the defendants of the second party. The consideration for the mortgage was Rs. 599-15-0. All save Rs. 50-15-0 were left with the mortgagees for payment of creditors of the mortgagors. It has been found as the r...
High Court Of Judicature at Allahabad
Baij Nath Das vs Salig Ram
Judges: K Husain, Tudball
21 June, 1912·3. Coming to the cases in which the debtor gives the creditor an insufficiently stamped promissory-note, we find that Grarth, C.J., divided them, in Sheikh Akbar v. Sheikh Khan 7 C. 256 : 8 C.L.R. 533 into two classes: (a) "When a cause of action for money is once complete in itself, whether for goo...
High Court Of Judicature at Allahabad
The Collector Of Farrukhabad vs Gajraj Singh
Judges: Chamier, Piggott
20 June, 1912·6. Now, amongst the three sets of claimants, who came forward during the mutation proceedings, were three persons who made common cause, namely Gangu Singh, Jwala Singh and Gajraj Singh. The two last named are father and son, and Jwala Singh is the son of one Ram Baksh Singh, who was the own brother...
High Court Of Judicature at Allahabad
Dhanuk Singh vs Tulsi Ram And Ors.
Judges: Piggott
20 June, 1912·1. This is a suit for redemption of a mortgage, dated the 19th of October 1870, by one Lachhman in favour of the defendant-appellant, Dhanuk Singh. The plaintiffs are transferees of the heirs of Lachhman. The dead in suit purports to be a mortgage of a 5-biswansi share and mutation was applied for b...
High Court Of Judicature at Allahabad
Shohrat Singh vs Daryao Singh
Judges: G Knox
19 June, 1912·JUDGMENT George Knox, J. 1. The proceedings, out of which this application has arisen, were proceedings instituted by one Daryao. He came to the Magistrate alleging that he was in possession of certain landed property, that a dispute likely to cause breach of the peace existed regarding it and that ...
High Court Of Judicature at Allahabad
Bhola Das vs Bishnath Lal And Ors.
Judges: H Richards, Banerji
19 June, 1912·JUDGMENT 1. This appeal arises out of a suit hi which the plaintiff sought to realise Rs. 3,000 principal, together With a large amount of interest, by the sale of a 7-anna 6-pie zemindari share in certain property. The document upon which the plaintiff relies is dated the 3rd of February 1894. It w...
High Court Of Judicature at Allahabad
Mumtaz-Ud-Din vs Musammat Saidunnissa
Judges: Chamier
19 June, 1912·JUDGMENT Chamier, J. 1. This was a suit by the appellant for recovery of his share in the property of one Masitullah Khan who died in January 1902. One of the defendants to the suit was the respondent Saidunnisa. Her defence was that the property had been transferred to her by Masitullah in lieu of ...
High Court Of Judicature at Allahabad
Ghafur-Ud-Din vs Hamid Husain And Ors.
Judges: H Richards, Banerji
18 June, 1912·JUDGMENT 1. This appeal arises under the following circumstances. One Fakhr-ud-din went to Arabia on a pilgrimage about the year 1885. It is alleged, and possibly with truth, that he made an oral sale of all his property to Hamid Husain, who paid Rs. 10,000, part of the purchase money, promising to ...
High Court Of Judicature at Allahabad
Dwarka Pershad vs Sheoambar Koeri And Ors.
Judges: Piggott
18 June, 1912·JUDGMENT Piggott, J. 1. This was a' suit for redemption of a mortgage on a certain fixed-rate tenancy, the mortgagees having obtained possession under the terms of the mortgage. There is no question now before me as to the plaintiff's right to redeem or the amount to be paid for redemption,. 2. The ...
High Court Of Judicature at Allahabad
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