Mohammad Raza Ali Khan vs Mohammud Israr Hasan Khan
Judges:
28 February, 1929·4. The question that arises before us is whether in the circumstances of the present case it can be said that the delay was reasonable. This would have been substantially a question of fact if the learned District Judge has applied his mind to this matter. He has, however, not considered the point a...
High Court Of Judicature at Allahabad
Angan Lal And Ors. vs Saran Behari Lal And Ors.
Judges:
28 February, 1929·1. One Jagan Prasad, for himself and as the natural guardian of his three sons, two of whom are among the appellants, executed a mortgage bond for Rs. 10,000 in favour of the ancestors of the respondents to this appeal on 17th July 1915. The suit out of which this appeal has arisen was brought to en...
High Court Of Judicature at Allahabad
Gauri Datt Pandey vs Bandhu Pandey And Ors.
Judges:
27 February, 1929·1. This second appeal arises out of a suit brought by the plaintiff-appellant against the defendant-respondent for damages. The plaintiff is mortgagee under a deed dated 8th March 1916 wherein the mortgagor purported to give with possession two properties, one an occupancy tenancy and the other a gr...
High Court Of Judicature at Allahabad
Debi Dayal And Ors. vs Ambika Prasad And Ors.
Judges:
27 February, 1929·5. It is also relevant to consider whether the discovery has been made under suspicious circumstances. We express no opinion about this, beyond saying that the coincidence which led to the discovery in this case is on the face of it, a curious one. It is traced to information supplied to the present...
High Court Of Judicature at Allahabad
Babu Ram vs Lala Ram And Ors.
Judges:
27 February, 1929·2. The plaintiff based his claim to represent Mt. Lachho on the following facts. He produced an award dated 1st August 1912 which appears to have awarded the interest of Mt. Lachho in this deed to one Anrudh Prasad. He says that when Anrudh Prasad died, his interest devolved on his widow Mt. Sheoran...
High Court Of Judicature at Allahabad
Basira Bibi vs Sheikh Ata Ullah
Judges:
27 February, 1929·2. The first Court found that there was no refusal on her part. The learned District Judge has found that there was an absolute refusal on her part which estopped her. If the refusal had rested merely on her attestation of the sale deed I would have had considerable difficulty in accepting the findi...
High Court Of Judicature at Allahabad
Kundal Lal And Ors. vs Raj Behari Lal And Ors.
Judges:
26 February, 1929·4. The learned Subordinate Judge has come to the conclusion that the family became separate after the suit of Chaturbhoj and that, therefore, Ram Lal and his sons were entitled to a one-fourth share which could not be diminished by the subsequent births of his younger brothers. He has further held t...
High Court Of Judicature at Allahabad
Har Gobind And Anr. vs Gitam And Ors.
Judges:
26 February, 1929·2. The trial Court gave a decree holding that the plaintiff's claim was proved under the rule of res judicata. The lower appellate Court rejected this finding on the ground that defendants 4 and 5 were minors, and no parties to the former suit. 3. In this appeal it is contended that defendants 1-3 i...
High Court Of Judicature at Allahabad
Mushtaq Ahmad vs Musammat Afzal Begam And Musammat ...
Judges: Dalal
26 February, 1929·1. I was a party to the Bench ruling of this Court which has been quoted by the learned Judge of the lower Appellate Court in support of his opinion [Collector of Moradabad v. Mohammad Hidayat Ali Khan 94 Ind. Cas. 505 : A.I.R. 1926 All. 449 : 43 A. 554]. I have there stated in detail how that case ...
High Court Of Judicature at Allahabad
Jwala Nath vs Chhanga Mal And Ors.
Judges:
26 February, 1929·JUDGMENT 1. This is a plaintiff's appeal under the following circumstances: Ram Das, defendant 3, father of the plaintiff-appellant who is a minor aged 9 years, was sued on foot of a mortgage by defendants 1 and 2, Chhanga Mal and Manga Mal. They obtained a decree for sale on the mortgage but had no...
High Court Of Judicature at Allahabad
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