Karna vs Shiva Prakash And Dharamjit
Judges: Banerji, M Rafiq
31 May, 1913·JUDGMENT Banerji and Muhammad Rafiq, JJ. 1. Dharam Jit, an occupancy tenant, made a usufructuary mortgage of his holding to the plaintiff, Karna, on the 16th of April, 1901. Dharam Jit subsequently surrendered his holding to the zamindar, Jotshi Shiva Prakash, in June or July, 1910, Shiva Prakash br...
High Court Of Judicature at Allahabad
Baijnath vs Amolak Chand Bholanath
Judges: Tudball, M Rafiq
27 May, 1913·JUDGMENT Tudball and Mahammad Rafiq, JJ. 1. This is a defendant's appeal and arises out of a suit on an instalment bond, dated the 7th of July, 1904, for a sum of Rs. 680 as consideration, Rs. 600 being the actual amount of the loan and Rs. 80 being the interest thereon. The whole was repayable in 4...
High Court Of Judicature at Allahabad
Muhammad Abdul Majid Khan vs Ahmad Said Khan And Ors.
Judges: Banerji, Ryves
27 May, 1913·JUDGMENT Banerji and Ryves, JJ. 1. This was a suit brought by the plaintiff in the court of the Subordinate Judge of Moradabad for a declaration that he was entitled to the office of mutawalli of the trust property in suit, under the will of the founder of the waqf as against defendant No. 1, and fo...
High Court Of Judicature at Allahabad
Khunni Lal vs Raghunandan Prasad
Judges: Tudball, M Rafiq
26 May, 1913·1. This is a second appeal arising out of an election petition. The election petition was presented under Rule 42(1) made by the Local Government under Section 187(1), Clause (h), of the Municipalities Act. It was filed in the court of the officiating Subordinate Judge of Bareilly and it was dismiss...
High Court Of Judicature at Allahabad
Miss Eva Mountstephens vs Mr. Hunter Garnett Orme
Judges: Tudball, M Rafiq
24 May, 1913·JUDGMENT Tudball and Muhammad Rafiq, JJ. 1. This appeal has been filed as a first appeal from order. It is objected that it is really a first appeal from decree, and that the petition of appeal does not bear the full court fee stamp necessary under the law. The appeal is one from an order of the Dis...
High Court Of Judicature at Allahabad
Ram Dasi vs Ram Kubur Pande And Ors.
Judges: Ryves, Lyle
23 May, 1913·1. Karya Pande and Musammat Aureha Parain, his sister-in-law, executed an usufructuary mortgage of the zamindari share entered in their names, on the 13th of May, 1905, in favour of the plaintiff, for Rs. 1,799. It was agreed that the mortgagee should take the usufruct in lieu of interest and that t...
High Court Of Judicature at Allahabad
Bhagwant Singh vs Bholi Singh
Judges: H Richards, K C J, Banerji
23 May, 1913·1. The facts out of which this appeal arises are a little peculiar. It appears that the defendant obtained three mortgage decrees on foot of three separate mortgages against the property which the plaintiff now seeks to recover. There were three separate sales. The defendant himself purchased at two...
High Court Of Judicature at Allahabad
Mathura Das And Ors. vs Megh Raj And Anr. Shib Singh And ...
Judges: H Richards, K C J, Lyle
21 May, 1913·1. This appeal arises out of a suit upon foot of a mortgage, dated the 24th of January, 1892. The court below has made a decree in the plaintiff's favour, but certain persons have preferred an appeal. They are the purchasers of a portion of the property which the court below has ordered to be sold. ...
High Court Of Judicature at Allahabad
Mahendra Gopal Mukerji vs Lachman Prasad And Anr.
Judges: Tudball, M Rafiq
19 May, 1913·JUDGMENT Tudball, and Muhammad Rafiq, JJ. 1. These four appeals are all connected and are governed by this judgment. The facts are very briefly as follows: A company was started in Meerut in 1904, which was called the Ganga General Mills Company, Limited. Its object apparently was to carry on busine...
High Court Of Judicature at Allahabad
Ganeshi Lal vs Sanwal Singh
Judges: Ryves, Lyle
16 May, 1913·2. It was stated in the plaint that Umrao Singh, the mortgagor, died leaving two sons, Mangal Singh and Angad Singh. The plaint recites: "Mangal Singh has not been heard of for a long time, that is, for about twenty-five years, and Angad Singh died childless. In the public khewat the names of Mangal...
High Court Of Judicature at Allahabad
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