Ram Bharosa Sahu vs Musammat Kabutra
Judges: H Richards, Rafique
13 February, 1919·JUDGMENT 1. This appeal arises out of a suit for pre-emption. It appears that the property was mortgaged as far back as the year 1907. The particular form of mortgage adopted was what is called a mortgage by conditional sale. No suit we then instituted to assert any right of pre-emption. A foreclosu...
High Court Of Judicature at Allahabad
Chand Rai And Ors. vs Bhagwant Rai
Judges: H Richards, Rafique
13 February, 1919·2. The lower Appellate Court has found that the transfer to Bhagwat Rai was a genuine transaction, and this is a finding whioh is binding upon us in second appeal. Even if the transfer to Bhagwat Rai was made for the express purpose of preventing the plaintiffs pre-empting his property, it would be ...
High Court Of Judicature at Allahabad
Umrao Beg vs Mukhtar Beg And Ors.
Judges: H Richards, Rafique
11 February, 1919·JUDGMENT 1. This suit was clearly instituted after the expiration of one year from the date when the sale-deed was registered. The subject-matter of the sale were fractional shares of Zemindari situate in several different khatas. Article 10 of the Limitation Aot provides that a suit to enforce a ri...
High Court Of Judicature at Allahabad
Sri Maharaj Prabhu Narain Singh, ... vs Ramzan And Ors.
Judges: Piggott, Walsh
10 February, 1919·2. The case seems to turn, as the appellant rightly contends, on the nature of the case set up by Ramzan in the trial Court. In the first and formal part of his written statement he denied, or put the plaintiff to proof of, all the allegations contained in the plaint, except the allegation that he, ...
High Court Of Judicature at Allahabad
Parbhu Narain Singh vs Ramzan
Judges: Piggott, Walsh
10 February, 1919·1. This second appeal arises on the following set of facts. In the year 1882 the plaintiff appellant granted to one Musammat Mahugi permission to build on certain land belonging to him. He took from her a certain agreement, which contained, amongst other stipulations, the following, that if at any t...
High Court Of Judicature at Allahabad
Ali Muqtada Khan And Ors. vs Abdul Hamid Khan And Ors.
Judges: M Rafiq, Lindsay
08 February, 1919·1. The following pedigree will explain the right under which the plaintiffs brought the suit out of which this appeal has arisen: Syed Ali Azam Khan _________________________|_________________ | | Bunyad Ali Khan. Aman Ali Khan. 2. The ancestor of the plaintiffs, Bunyad Ali Khan, was possessed of co...
High Court Of Judicature at Allahabad
Syed Ali Muqtadi Khan And Ors. vs Abdul Hamid Khan And Ors.
Judges: Rafique, Lindsay
08 February, 1919·1. The following pedigree will explain the right under which the plaintiffs brought the suit out of which this appeal has arisen. 2. The ancestor of the plaintiffs, Buniyad Ali Khan, was possessed of considerable property in respect of which he created a waqf on the 23rd of November 1845 by a regist...
High Court Of Judicature at Allahabad
Musammat Kadma Pasin vs Muhammad Ali Alias Chandai Mian
Judges: Piggott, Walsh
07 February, 1919·2. That case undoubtedly comes very close to the case now before us and I am not surprised that the learned District Judge felt obliged to treat it as a decisive authority in favour of the decree-holder. At the same time the present case is distinguishable on the facts and very much doubt whether th...
High Court Of Judicature at Allahabad
Muhammad Ali vs Kadma Pasin
Judges: Piggott, Walsh
07 February, 1919·2. This goes, I think, a little beyond the actual ratio decidendi of the case in question. Moreover, although the test may be a satisfactory one in the case of claims arising out of a simple mortgage, it is not so easy to apply it to the case of a usufructuary mortgage. The provisions of the Transfe...
High Court Of Judicature at Allahabad
Chiranji Lal vs Naraini And Ors.
Judges: H Richards, P Banerji
07 February, 1919·JUDGMENT 1. This appeal arises out of a suit brought on foot of a bond, which has been called, not inappropriately, an indemnity bond. It appears that there was a mortgage executed by the plaintiff in favour of one Musammat Maharani. On her death there were two sets of persons claiming to be entitle...
High Court Of Judicature at Allahabad
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