Abdul Wahid vs Hatim Ali And Ors.
Judges:
30 January, 1925·2. To prove the existence of this alleged custom the plaintiff produced a wajib-ul-arz of the year 1873 which contains a clause relating to the right of pre-emption. On behalf of the defendant three judgments, namely, of 1879, 1895 and 1899 were produced where a claim of preemption was asserted, but...
High Court Of Judicature at Allahabad
Sarju Prasad Rout vs Mangal Singh
Judges:
28 January, 1925·2. The Court of first instance came to the conclusion that it had not been established that the decree was either fraudulent or collusive. It did not go into the question of the mortgage having been for legal necessity, but it dismissed the suit on the ground that the plaintiff as reversioner had no...
High Court Of Judicature at Allahabad
Jhunni Lal vs Natha Ram
Judges: Walsh, Sulaiman
28 January, 1925·2. On the 28th of February 1923 the decree-holder put in an application for petting aside the ex parte order, alleging that he had no notice of it, and also stating that the objection under Order XXI, Rule 58 was not maintainable. The learned Judge has dismissed this application summarily, holding t...
High Court Of Judicature at Allahabad
Jhunni Lal vs Natha
Judges:
28 January, 1925·A mortgage decree for sale was obtained against Madan Lal who died subsequent to the decree. In his place Onkar Das, his brother and Natha Ram, his nephew, were brought upon the record as his legal representatives and heirs. There were, first certain objections filed by Onkar Das with which we are n...
High Court Of Judicature at Allahabad
Ravi Nandan Prasad vs Jagar Nath Sahu And Ors.
Judges:
26 January, 1925·3. The question whether an auction-purchaser is entitled to apply, depends on the question whether he is included in the expression "a person whose interests are affected by the sale." It is necessary to observe that this expression was not contained in the corresponding provision which was in force...
High Court Of Judicature at Allahabad
Rameshwar vs Gobind Prasad And Anr.
Judges:
26 January, 1925·2. It appears that the complainant's masters were wholesale merchants of cloth and the opposite parties were retail traders. The opposite parties owed money to the complainant's firm. The complainant's masters gave the opposite parties 24 hours' time to pay up. This time was grantee by means of a te...
High Court Of Judicature at Allahabad
Abhainandan Prasad vs Pashpat Nath Pande
Judges:
23 January, 1925·4. We may point out that the entry made at the settlement of 1885 is of particular importance. According to the Gazetteer of Gorakhpur (pp. 151-2) the settlement operations commenced soon after 1883 and lasted till 1890. Gorakhpur proper was inspected in 1886-87 or after. The settlement was sanction...
High Court Of Judicature at Allahabad
Ram Sunder Misra vs Jai Karan Singh And Ors.
Judges:
23 January, 1925·JUDGMENT 1. This is an appeal which raises a rather interesting point. One Badal owned a certain property and he left behind him a widow Mt. Taashi. On her death disputes arose as to who was the heir of Badal, and two claimants came forward, one Ram Sunder and the other Bhawani Prasad. In mutation p...
High Court Of Judicature at Allahabad
Sunder Khatik vs Mahadeo Pande
Judges:
22 January, 1925·JUDGMENT Ryves, J. 1. The plaintiff brought the suit out of which this application arises to recover Rs. 300 principal and Rs. 186 interest due on a promissory note executed by the defendant. It has been founded by both Courts and it is indeed apparent on the face of the document itself that origina...
High Court Of Judicature at Allahabad
Dalip And Ors. vs Khazan Singh
Judges:
22 January, 1925·2. The question before us is whether a custom of pre-emption admittedly obtaining in the village of mauza Ganaura Shaikh, applies in respect of the particular property now sought to be pre-empted. It is to be mentioned here that the property in question is situated in a mahal known as mahal Alladad....
High Court Of Judicature at Allahabad
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