Mohammad Abbas Ali Khan And Ors. vs Chotey Lal
Judges:
03 June, 1926·Where a mortgage-debt for the payment of which a sale has been ordered, is satisfied by a third party, who obtains a security for the advance made by him, such security is not extinguished by Section 89 of the Transfer of Property Act, and the encumbrance in respect of which the sale was ordered enu...
High Court Of Judicature at Allahabad
Dwarka Singh vs Anrup Singh And Ors.
Judges:
03 June, 1926·2. For the disposal of the suit we must take the plaintiff's allegations as correct, for they have not yet been adjudicated upon. The plaintiff's case was that there was a sale some time in 1917 and he brought a suit for pre-emption. After the sale some members of the family of the vendors brought s...
High Court Of Judicature at Allahabad
Kuar Chandar Shekhar Bux Singh vs Musammat Bhagwati Devi And Ors.
Judges: Sulaiman, Mukerji
03 June, 1926·JUDGMENT 1. This is a plaintiffs appeal arising out of a suit for pre-emption. In order to prove the custom the plaintiff relied on an entry in the wajib-ul-arz of 1832. The defendant rebutted the presumption arising from this entry by showing that on the 25th of March, 1842, the entire village was ...
High Court Of Judicature at Allahabad
Firm Manik Chand Tota Ram vs E.I. Railway And Anr.
Judges:
02 June, 1926·1. This is an application in revision against a decree of the Small Cause Court Judge of Jhansi, dismissing the applicant's suit for damages by reason of the loss of certain bags of sugar which were entrusted to the defendant Railway Companies or one of them for the purpose of carriage from Calcutta...
High Court Of Judicature at Allahabad
Bindraban vs G.I.P. Ry. Co.
Judges:
02 June, 1926·2. The Court of first instance found that between Nasik and Manmad there are two high banks where the speed of the train has to be slowed down; that from 1918 there had been frequent running train thefts between Nasik and Manmad and that in spite of this fact no measures were taken by the railway co...
High Court Of Judicature at Allahabad
Tasadduq Husain vs Chaturbhuj
Judges:
02 June, 1926·3. The foregoing, however, is not the point which has been argued, although many others have been. The Assistant Collector held in favour of the plaintiff. The widow had relinquished the holding, and as between herself and the plaintiff had brought the tenancy to an end. It looks suspicious that she...
High Court Of Judicature at Allahabad
Gundi Lal vs Basdeo And Ors.
Judges:
01 June, 1926·Returning to the question of antecedent debt it seems to us plain from this recent decision of their Lordships that the definition of antecedent debt' which was given in Sahu Ram Chandra's case AIR 1917 PC 61 has been materially altered. As we read this latest pronouncement of the Full Board of the ...
High Court Of Judicature at Allahabad
Raja Rai And Ors. vs Ram Autar Rai And Anr. And Timal And ...
Judges: Sulaiman, Mukerji
01 June, 1926·2. The proper remedy of the plaintiffs is to apply to the Revenue Court for actual partition and it is in that way only that they can obtain separate possession over specific plots. 3. When the case for exclusive possession on the basis of a private partition has broken down the plaintiffs' claim fo...
High Court Of Judicature at Allahabad
Saktu Mal vs Har Prasad And Ors.
Judges: Daniels
01 June, 1926·2. They are- (1) That the house is not a dwelling house within the meaning of Section 4 of the Partition Act. (2) That it does not belong to an undivided family. (3) That there was no offer by any member of the family to purchase it as required by Section 4. 3. I allowed the record to be sent for to...
High Court Of Judicature at Allahabad
Mt. Mohammadi Bibi vs Kashi Upadhya And Ors.
Judges:
01 June, 1926·3. No doubt there are cases where a certain legal relationship may be proved otherwise than by means of the deed which imposes terms on the parties to that relationship. This cannot, however, be the case here. Section 59 of the Transfer of Property Act enacts that a mortgage securing Rs. 100 or upwa...
High Court Of Judicature at Allahabad
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