Indraj vs Brother Clement, Missionary
Judges: H Richards, Tudball
09 February, 1915·JUDGMENT Henry Richards, C.J. and Tudball, J. 1. This appeal arises out of a suit for pre-emption. The alleged custom is that the co-sharer wishing to sell must first offer the property to his co-sharers. In the present case the court below has found that the vendor, wishing to sell first offered th...
High Court Of Judicature at Allahabad
Din Dayal vs Ramdhan
Judges: H Richard, Tudball
09 February, 1915·1. This appeal arises out of a suit for pre-emption. The plaintiff and the vendee are both co-sharers and the former stated in his evidence that he was also a relation. An entry in the wajib-ul-arz records a right of pre-emption first in the hissadar kuribi and then hissadar baidi. It appears that a...
High Court Of Judicature at Allahabad
Anand Sarup And Ors. vs Asad Ali
Judges: Chamier, Piggott
08 February, 1915·JUDGMENT 1. This is an appeal in a suit winch has been repeatedly before this Court and has given rise to considerable differences of opinion. As was pointed out by Mr. Justice Tudball in the first instance, the trouble began with the framing of the plaint, and it is really doubtful whether a plaint...
High Court Of Judicature at Allahabad
Debi Prasad vs Sher Khan And Ors.
Judges: Chamier, Piggott
08 February, 1915·1. This is an appeal by the defendants against an order of the learned District Judge of Aligarh passed under Order XLI, Rule 28, remanding to the court of the Subordinate Judge of Aligarh, for decision on the merits, a suit which had been dismissed by that court. The learned Subordinate Judge had h...
High Court Of Judicature at Allahabad
Ramjas Mal vs Zaharya Singh
Judges: Rafique
08 February, 1915·JUDGMENT Rafique, J. 1. This appeal arises out of a suit brought by the plaintiff-respondent for the recovery of possession of abadi plot No. 53/1 and the house, situate on it. The facts as found by the Courts below are that Sonehra, Hardeo and Musammat Indraoti were the owners of the house in suit ...
High Court Of Judicature at Allahabad
Kishen Ballabh vs Chure Mal And Anr.
Judges: Rafique
08 February, 1915·1. This appeal arises out of a suit brought by Ghure Mal, the plaintiff-respondent, for the recovery of Rs. 565-13-4 on the basis of a hundi dated August 23rd, 1910. It was alleged in the plaint that one Kanhaiya Lal had drawn the hundi in suit on a Bombay firm in favour of Kishen Ballabh and his so...
High Court Of Judicature at Allahabad
Sher Khan And Ors. vs Debi Prasad
Judges: Chamier, Piggott
08 February, 1915·1. This is Jin appeal by the defendants against an order of the learned District Judge of Aligarh passed under Order XLF, Rule 23, remanding to the Court of the Subordinate Judge of Aligarh for decision on the merits a suit which had been dismissed by that Court. The learned Subordinate Judge had ho...
High Court Of Judicature at Allahabad
The Collector Of Benares In Charge ... vs Shiam Das And Ors.
Judges: Chamier, Piggott
08 February, 1915·JUDGMENT 1. This is an appeal against an order of the Subordinate Judge of Jaunpur, directing that the plaint be returned to the plaintiff for presentation to the proper Court. The Subordinate Judge was of opinion that the suit as brought was cognizable only by the Revenue Court. The only facts whic...
High Court Of Judicature at Allahabad
Mohammad Husain vs Mohammadi Bibi And Ors.
Judges: P Banerji
08 February, 1915·JUDGMENT P.C. Banerji, J. 1. The parties to the suit out of which this appeal arises are near relatives. The plaintiff has brought this suit against the heirs of his brother, Ahmad Husain, for establishment of his right to recover rent for the site of the house occupied by the defendants at the rate...
High Court Of Judicature at Allahabad
Pandit Sant Lal vs Lala Sri Newas Das
Judges: Piggott, Walsh
07 February, 1915·1.This is a judgment-debtor's appeal in an execution case; the decree is an old one, dated July 11th, 1902, and the present application for execution was made on the 13th of November 1914. The first point taken on behalf of the appellant is that execution is barred by the twelve years' rule of limit...
High Court Of Judicature at Allahabad
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