Hori Lal And Anr. vs Nimman Kunwar And Ors.
Judges: H Richards, Banerji, Tudball, Chamier
27 May, 1912·14. Order XXXIV, Rule 1 of the Code of Civil Procedure, on which reliance is placed on behalf of the appellants, provides that "all persons having an interest either in the mortgage security or in the right of redemption shall be joined as parties." The requirements of this section are, in my opinio...
High Court Of Judicature at Allahabad
Musammat Taufiqunnissa vs Musammat Taskin Banu
Judges: K Husain, Chamier
27 May, 1912·1. This appeal arises out of a suit brought by the respondent for possession of a plot of land No. 817/2 and 20 trees" standing on the plot. The first Court gave the respondent a decree for possession of the land but dismissed her claim to the trees. On appeal her claim to the trees also was allowed...
High Court Of Judicature at Allahabad
Muhammad Yasin vs Ilahi Bakhsh And Ors.
Judges: H Richards, Tudball
23 May, 1912·JUDGMENT Henry Richards, C.J. and Tudball, J. 1. This appeal arises out of a suit in which the plaintiff claimed to recover possession of a grove. The court of first instance and the lower appellate court decreed the plaintiff's claim. On second appeal to this Court the decrees of the courts below w...
High Court Of Judicature at Allahabad
Ram Dawar Rai And Ors. vs Bhirgu Rai And Ors.
Judges: K Husain, Tudball
23 May, 1912·The mortgage by conditional sale in suit was executed when Regulation XVII of 1806 was in force. Section 8 of that Regulation allowed a mortgagee to apply for foreclosure on the expiration of the stipulated period or at any time subsequent before the sum lent is re-paid and fixed no time within whic...
High Court Of Judicature at Allahabad
Collector Of Ghazipur vs Balbhaddar Singh And Ors.
Judges: Chamier, Piggott
23 May, 1912·3. It appears that Babisa Kuar obtained mutation of names in her favour upon the death of her husband. But in 1884, Ram Saran and the sons of Nanku got their names entered in the record. Babisa Kuar, in May 1894, obtained a decree against them declaring that they had no title. The plaintiffs alleged...
High Court Of Judicature at Allahabad
Niaz Fatima vs Tamiz Begam
Judges: H Richards, Tudball
23 May, 1912·JUDGMENT 1. This appeal arises out of a suit for pre-emption. Both the plaintiff and vendee are co-sharers but the plaintiff is the own sister of the vendor while the vendee is alleged to be a more distant relative. The existence of the custom of pre-emption is admitted and there is no dispute that ...
High Court Of Judicature at Allahabad
Muhammad Yasin vs Ilahi Bakhsh And Ors.
Judges: H Richards, Tudball
23 May, 1912·JUDGMENT 1. This appeal arises out of a suit in which the plaintiff claimed to recover possession of a grove. The Court of first instance and the lower Appellate Court decreed the plaintiff's claim. On second appeal to this Court, the decrees of the Courts below were reversed and the plaintiff's sui...
High Court Of Judicature at Allahabad
Chandar Sekhar Tewari vs Balakdhar Dubey
Judges: Banerji
22 May, 1912·JUDGMENT Banerji, J. 1. This appeal arises out of a suit for possession of a 3 pie, 1 1/2 suls zemindari share and for mesne profits. I must observe at the outset that the judgment of the lower Appellate Court, is most unsatisfactory and does not comply with the requirements of Order XLI, Rule 31 of...
High Court Of Judicature at Allahabad
Parag vs Jagannath And Ors.
Judges: Banerji
22 May, 1912·JUDGMENT 1. The Courts below appear to. have misconceived the real nature of the claim. The plaintiff brought the suit for a declaration that he had a half share in a certain enclosure and he claimed possession of that share. His allegation was that he and the first defendant Jagannath jointly-purch...
High Court Of Judicature at Allahabad
Nand Kishore Singh vs Ram Birich Rai And Anr.
Judges: H Richards, Tudball
22 May, 1912·JUDGMENT 1. This appeal arises out of a suit for pre-emption. The sale took place on the 22nd of July 1909. On the 21st of June previously, partition had been made and confirmed with effect from the 1st of July. Under the partition, the plaintiff and the vendor were co-sharers in one mahal. The defe...
High Court Of Judicature at Allahabad
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