Balgobind And Anr. vs Bhaggu Mal
Judges: H Richards, K C J, Piggott
31 July, 1913·1. This appeal arises out of a suit on foot of two promissory notes. The defendant pleaded want of consideration, and also that the consideration was void because it represented gambling losses. The court of first instance decreed the plaintiffs' suit. The lower appellate court, after referring an i...
High Court Of Judicature at Allahabad
Har Dayal vs Narain Das And Rup Narain
Judges: H Richards, K C J, Piggott
29 July, 1913·1. This appeal arises out of a suit in which the plaintiff sought to set aside a decree obtained in the year 1899 against him and his father. The decree in question was on a mortgage made in the year 1896, admittedly some two years before the birth of. the plaintiff. It is admitted also that at the ...
High Court Of Judicature at Allahabad
Mannu Lal And Anr. vs Makhan Das Kallu Das
Judges: H Richard, K C J, Piggott
29 July, 1913·JUDGMENT Henry Richard, Kt. C.J. and Piggott, J. 1. This appeal arises out of an order of the court below refusing to set aside an ex parte decree. The applicant in the court below swore that he had never been served with the summons. There was no affidavit contradicting this statement. The learned ...
High Court Of Judicature at Allahabad
Wahid Ali Khan vs Tori Ram
Judges: H Richards, Kt, Tudball
28 July, 1913·1. This appeal arises out of a suit for possession of immovable property. In the present appeal we are only concerned with a five biswa share in mauza Khiwali Abdullahganj. The claim is made by reversioners, who claimed that the shares in this village formed portion of the estate of Than Chand. Than...
High Court Of Judicature at Allahabad
Jas Kunwar vs Pema
Judges: Ryves, Piggott
24 July, 1913·2. The first court framed, among others, two issues, as to the entry of Musammat Jas Kunwar's name in the khewat and as to her possession. That court decided both these issues in the plaintiff's favour and disallowed Pema's objection. On appeal the learned District Judge found as follows: 3. "It app...
High Court Of Judicature at Allahabad
Sri Ram vs Mumtaz Ahmad And Anr. And Bhawani ...
Judges: Tudball, Piggott
22 July, 1913·JUDGMENT Tudball and Piggott, JJ. 1. This appeal arises out of execution proceedings. A final decree for sale was obtained under Order XXXIV, Rule 5, of the Code of Civil Procedure, in respect of certain property. The decree-holder assigned all his rights and interests under the decree to the presen...
High Court Of Judicature at Allahabad
Udit Tiwari vs Bihari Pande
Judges: Tudball, Piggott
21 July, 1913·JUDGMENT Tudball and Piggott, JJ. 1. This is a second appeal by the plaintiff, whoso suit for recovery of possession was decreed by an Assistant Collector of the Gorakhpur district, but has been dismissed by the District Judge of Gorakhpur on appeal. The question is whether an appeal lay, under the ...
High Court Of Judicature at Allahabad
Haribans Rai And Ors. vs Sri Niwas Naik
Judges: P C Banerji, Ryves
21 July, 1913·JUDGMENT Pramada Charan Banerji and Ryves, JJ. 1. The facts of this case are these: The appellants and their predecessors in title executed a usufructuary mortgage in favour of one Subba Rai on the 3rd of October, 1887. The mortgage was assigned to Sri Niwas Rai Kalia and others, the respondents. Pa...
High Court Of Judicature at Allahabad
Nandan Singh vs Ganga Prasad
Judges: H Richards, Knight, P C Banerji, Tudball
18 July, 1913·3. Section 34 is as follows: A person occupying land, without the consent of the landholder, shall be liable for the rent of that land at the rate payable in the previous year, or, if rent was not payable in the previous year, at such rate as the court may determine to be fair and equitable, but he ...
High Court Of Judicature at Allahabad
Emperor vs Ram Newaz
Judges: Tudball, Ryves
17 July, 1913·3. A Bench of this Court (of which one of us was a member), on the record coming before it, issued notice to both Ram Bharose and Ram Bisal to show cause why they should not be convicted of murder and the sentences enhanced. In the result, the appeal of Ram Bharose was dismissed, the two men were co...
High Court Of Judicature at Allahabad
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