Ram Dhari Upadhia And Ors. vs Babulal Upadhia
Judges: Walsh
03 March, 1921·JUDGMENT Walsh, J. 1. In this Case it is found, (1) that the parties are rival Zemindar, (2) that with regard to No. 803/3, the plot in dispute, the plaintiff has always been in proprietary possession since Fasli 1287, (3) that in 1310 Fasli the defendants fraudulently entered the plaintiff's name a...
High Court Of Judicature at Allahabad
Misir Girdhari Lal And Ors. vs Gobind Ram
Judges: Tudball, Rafique
03 March, 1921·1. This is a first appeal from a decree of the learned Subordinate Judge of Muttra on the basis of a mortgage-deed dated the 5th of November 1906. It appears that the defendant No. 1 Girdhari Lal had been dealing with the plaintiff's firm ever since the early eighties. The accounts between the plain...
High Court Of Judicature at Allahabad
Ram Dhan And Ors. vs Prag Narain And Ors.
Judges: G Mears, Banerji
02 March, 1921·3. The learned Subordinate Judge was of opinion that the document only indicated an intention to make an endowment and did not in fact create an endowment and holding that the property continued in the ownership and possession of Rao Joti Prasad and his son Bishambhar Nath, dismissed the plaintiff's...
High Court Of Judicature at Allahabad
Muhammad Shafi And Anr. vs Nanhe
Judges: Ryves, Stuart
02 March, 1921·JUDGMENT 1. This appeal raises an interesting question. Nanhe, the defendant-respondent, executed a mortgage in favour of Muhammad Shafi and Ali Husain, the plaintiffs-appellants, and this is a suit by the mortgagees for sale of the property covered by that mortgage. The defense to the suit was that...
High Court Of Judicature at Allahabad
Sheikh Muhammad Ismail And Anr. vs Muhammad Ishaq And Ors.
Judges: G Mears, P Banerji
02 March, 1921·JUDGMENT 1. This and the connected Appeal No. 410 arise out of a suit brought under Section 92 of the Code of Civil Procedure. It was alleged that one Musammat Wafatan made a wakf of certain property for the construction of a mosque and that a breach of the said trust had been committed. It was pray...
High Court Of Judicature at Allahabad
Muhammad Ismail And Anr. vs Muhammad Ishaq And Ors.
Judges: G Mears, K C J, P C Banerji
02 March, 1921·JUDGMENT Grimwood Mears, Kt. C.J. and Pramada Charan Banerji, J. 1. This and the connected appeal No. 410 arise out of a suit brought under Section 92 of the Code of Civil Procedure. It was alleged that one Musammat Wafatan made a waqf of certain property for the construction of a mosque and that a ...
High Court Of Judicature at Allahabad
Ram Dhan And Ors. vs Prayag Narain And Ors.
Judges: G Mears, Knight, P C Banerji
02 March, 1921·3. The learned Subordinate Judge was of opinion that the document only indicated an intention to make an endowment and did not in fact create an endowment and holding that the property continued in the ownership and possession of Rao Joti Prasad and his son Bishambhar Nath, dismissed the plaintiffs'...
High Court Of Judicature at Allahabad
Ghulam Abbas Khan And Anr. vs Amat-Ul-Fatima And Ors.
Judges: Buckmaster, Shaw, J Edge
01 March, 1921·2. Several subordinate questions arise upon these appeals, but they are dependent upon the success of the appellants in their contention that, according to the true construction of a sanad granted in 1961 to a lady called Sughra Bibi, the rules relating to primogeniture which that sanad established ...
High Court Of Judicature at Allahabad
Bhudeo vs Musammat Baikunthi
Judges: Stuart
01 March, 1921·JUDGMENT Stuart, J. 1. The point raised is whether the two remedies allowed to a plaintiff whose suit has bean dismissed under Order IX, Rule 2 or 3, namely, the remedy of bringing a fresh suit or applying to have the dismissal set aside, are mutually exclusive. The words of Order IX, Rule 4, are ma...
High Court Of Judicature at Allahabad
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