Babu Dwarka Dhish Prasad Singh vs The Hon'Ble Maharaja Keshva ...
Judges: Piggott
18 December, 1923·JUDGMENT Piggott, J. 1. The application before me is one presented on the 8th of September 1923, asking this Court to review an order of the 11th June 1923, according to which it was held that a certain suit pending before the Court had been wholly adjusted by a lawful agreement and it was ordered t...
High Court Of Judicature at Allahabad
Lala Meghraj And Ors. vs Mr. K.C. Bhattacharji And Ors.
Judges: Lindsay, Sulaiman
18 December, 1923·17. The ground upon which these plaintiffs sought to avoid that sale was that the exeoution proceedings had been taken behind their backs and at the time the order for sale was made they had not been parties to the record. 18. The substantial defence which was set up by the defendants in that case, ...
High Court Of Judicature at Allahabad
Meghraj And Ors. vs Krishna Chandra Bhatta Charji And ...
Judges: Lindsay, Sulaiman
18 December, 1923·15. The substantial defence which was set up by the defendants in that case, who included the liquidators of the Bank of Upper India, was that the sale was perfectly valid and could not be set aside. It was pleaded that execution of the simple money decree against Kailash Chandra had begun in the la...
High Court Of Judicature at Allahabad
Rajpal Misir vs Randhir Singh
Judges: Piggott, Lindsay, Sulaiman
18 December, 1923·6. Then follows another provision that if in the case of a mortgage by conditional sale the mortgagor is unable to redeem and the property be about to be, foreclosed, a co-sharer, according to his right of pre-emption as recited above, would be entitled to pay off the mortgagee and to take possessio...
High Court Of Judicature at Allahabad
B. Randhir Singh vs Rajpal Misir
Judges: P Lindsay, Sulaiman
18 December, 1923·6. Then follows, another provision that if in the case of a mortgage by conditional sale the mortgagor is unable to redeem and the property be about to be foreclosed, a co-sharer, according to his right of pre-emption as recited above, would be entitled to pay off the mortgagee and to take possessio...
High Court Of Judicature at Allahabad
In Re: Dwarka Dhish Prasad Singh vs Unknown
Judges: Piggott
18 December, 1923·JUDGMENT Piggott, J. 1. The application before me is one presented on the 8th of September, 1923, asking this Court to review an order of the 11th of June, 1923, according to which it was held that a certain suit pending before the Court had been wholly; adjusted by a lawful agreement and it was ord...
High Court Of Judicature at Allahabad
Bohra Tara Chand And Ors. vs Murtaza Husain
Judges: Ryves, Mukerji
18 December, 1923·1. This is a decree-holder's appeal. The suit in which the decree was passed, was based on a mortgage. The preliminary deoree was passed on the 4th of May 1908. As on this date the new Code of Civil Procedure had not come into force the decree was passed under Section 88 of the Transfer of Property ...
High Court Of Judicature at Allahabad
Alkhu Rai And Ors. vs Lachhman Upadhiya
Judges: Piggott, Lindsay, Sulaiman
17 December, 1923·9. All these are decisions of the special Pre-emption Bench. 10. In these cases the view has been laid down that a plaintiff who comes into court to enforce a right of pre-emption has to establish the custom under which he is entitled to succeed. If all that he is able to produce in proof of this cu...
High Court Of Judicature at Allahabad
Alkhu Rai And Ors. vs Lachhman Upadhia
Judges: Piggott, Lindsay, Sulaiman
17 December, 1923·3. It has, however, been contended that there is a great deal of case-law which requires be be considered before a correct interpretation can be placed upon the provisions of this waji-bul-arz. With reference to this argument I would take this general point, that any ruling as to the interpretation ...
High Court Of Judicature at Allahabad
Rani vs Aidal Singh And Anr.
Judges: Mukerji
17 December, 1923·2. The suit was thrown out by the Court of first instance, but on appeal the learned District Judge remanded an issue to the Muusif. That issue was: " Are the present appellants occupancy tenants in the land in dispute or is it Khud Kasht of the present respondents? " The learned Munsif held that th...
High Court Of Judicature at Allahabad
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