Mt. Janki And Ors. vs Rustam Khan And Anr.
Judges:
30 June, 1926·JUDGMENT Daniels, J. 1. The principal point in this appeal, and the only point which in the view which I take it is necessary to decide, is a question of limitation. The suit was one by the plaintiffs, Rahim Khan and Rustam Khan, claiming the share to which they are entitled under Mahomedan Law in t...
High Court Of Judicature at Allahabad
Emperor vs Mt. Har Piari And Ors.
Judges:
30 June, 1926·3. We see no reason whatever for recklessly charging this man, who is an independent person and a Brahman, with deliberate invention of what is after all a small piece of evidence. The learned Judge has omitted from his list one significant fact, which is no reproach to him, because it is one of tho...
High Court Of Judicature at Allahabad
Kunj Behar Singh And Anr. vs Bans Gopal Tewari
Judges:
30 June, 1926·1. This appeal arises out of a suit for a declaration that a sale-deed executed in favour of Ram Harakh in the year 1913 was a benami transaction and that the plaintiff was the real purchaser and is owner in possession of the property. The plaintiff is Ram Harakh's father and the sale was executed w...
High Court Of Judicature at Allahabad
Behari Lal vs Gangadin And Anr.
Judges:
30 June, 1926·1. This is an application for revision by one Behari Lal against an order of the Additional Sessions Judge of Cawnpur, dated the 4th of May 1926, refusing to order further enquiry into the complaint filed by him against Gangadin and Baboo Lal for criminal misappropriation. At the outset I must state...
High Court Of Judicature at Allahabad
Faqirullah And Anr. vs Wali Khan And Ors.
Judges:
30 June, 1926·1. This was a suit for possession of a compound containing three thatched kachcha houses. The finding of the Court below is that these houses are structures of a permanent character within the meaning of Section 60 of the Easements Act, and that they were erected by the license of the former zaminda...
High Court Of Judicature at Allahabad
Tejpal And Anr. vs Kalyan And Anr.
Judges: Daniels
29 June, 1926·JUDGMENT Daniels, J. 1. This is an appeal by the defendants in a suit for redemption which has been dismissed. The finding of the Court below is that the mortgagee purchased the equity of redemption at a Court-auction sale as far back as 20th November, 1888. The trial Court held that this sale was a...
High Court Of Judicature at Allahabad
Tarkeshwar vs Kalka Pathak And Ors.
Judges:
29 June, 1926·JUDGMENT Daniels, J. 1. This appeal involves one short point. The suit was one for redemption of a mortgage of 7th May 1876. The defendants asserted that it could not be redeemed without the plaintiffs redeeming at the same time a tacking mortgage of 12th August 1891, which contained a condition tha...
High Court Of Judicature at Allahabad
Dhaneshwar Tewari vs Antu Tewari And Ors.
Judges:
29 June, 1926·1. In this case the Court below has granted a decree recognizing the right of the defendants to stack manure on a certain plot of waste land, but otherwise confirming the injunction granted to the plaintiff by the trial Court. The plaintiff appeals as regards the right to stack manure, He urges: (1)...
High Court Of Judicature at Allahabad
Abdul Majid vs Nageshar Dat And Ors.
Judges:
29 June, 1926·3. It is conceded before us that on the merits the defendant cannot contest the claim of the plaintiffs. Unless it be held that he cannot be ejected otherwise than in accordance with the Agra Tenancy Act and by the Revenue Court, he has no substantive defence to put forward against the plaintiffs. T...
High Court Of Judicature at Allahabad
Raj Ballaw Prasad vs Dalip Narain Singh And Ors.
Judges:
28 June, 1926·2. The only defendant who contested the suit was Harish Chand, Defendant No. 4, who purchased a portion of the mortgaged property at an auction sale held in execution of a simple money-decree obtained by one Mt. Parmawati against Ganga Bishen, the mortgagor. 3. Among the defences set up by Harish Ch...
High Court Of Judicature at Allahabad
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