Municipal Board vs Khalil-Ul-Rahman
Judges:
25 February, 1929·2. The trial Court found that the plaintiff had failed to prove that the public had enjoyed for 20 years free access from the road to this piece of land. It also found that the suit was barred by limitation as not brought within two years when the Municipal Board began to let out the side of the roa...
High Court Of Judicature at Allahabad
Sri Ram Lakshman Janki And Ors. vs Ram Gopal And Ors.
Judges: Sulaiman, Sen
25 February, 1929·1. This is a plaintiffs' appeal arising out of a suit for pre-emption. 2. On the 29th of June, 1925, Ram Singh, defendant No. 3, sold his zemindari shares in two villages, namely, Bipauri and Gujaini to Ram Gopal and Har Mohan defendants Nos. 1 and 2 for Rs. 300. The plaintiffs claiming to be the co...
High Court Of Judicature at Allahabad
Umrao Singh And Ors. vs Sultan Singh And Anr.
Judges:
25 February, 1929·JUDGMENT 1. This is a defendants appeal arising out of a suit for redemption of a mortgage dated 17th February 1909. The defendants contested the suit on two grounds only. Firstly, that there was a previous mortgage of 11th April 1865 without redeeming which, the plaintiffs were not entitled to take...
High Court Of Judicature at Allahabad
G. Atherton And Co. vs S. Habib Baksh
Judges:
25 February, 1929·3. When the matter was taken up by the Jhansi Court in the execution department a fresh set of objections were filed by Habib Bakhsh reiterating the previous two pleas that Rahim Bakhsh was the sole proprietor of S. Johnson & Co., and that he was dead at the time when the original suit in the Bombay...
High Court Of Judicature at Allahabad
Khuda Baksh vs Jai Shankar And Ors.
Judges:
25 February, 1929·1. This second appeal arises out of a suit brought by the plaintiff-respondents as zamindars of a village for the removal of a dead body from certain land against the defendant-appellant. It appears that the father of the appellant had a house in the village and used to sit on a bit of vacant land i...
High Court Of Judicature at Allahabad
Israr Hasan Khan And Anr. vs Deo Narain
Judges:
25 February, 1929·Where the circumstances under which the contract is made are such as to give the plaintiff an unfair advantage over the defendant, though there may be no fraud or misrepresentation on the plaintiff's part, the Court may properly exercise a discretion not to decree specific performance. 2. The matter...
High Court Of Judicature at Allahabad
Banarsi Das And Ors. vs Sagar Mal
Judges:
22 February, 1929·2. This application is signed by a counsel who did not appear in the case, and Mr. K.D. Malaviya on behalf of Mr. Muhammad Husain asked us to postpone the hearing as Mr. Muhammad Husain was not in Court. We did not consider that a sufficient reason for postponing the hearing when the counsel must ha...
High Court Of Judicature at Allahabad
Ghasi Khan vs Thakur Kishori Ramanji Maharaj ...
Judges:
22 February, 1929·1. This is a defendant's appeal in a suit for sale on a mortgage of 31st July 1910 executed by the appellant and Zabar Khan in favour of the respondent. The defence to the suit by the appellant among others was that the claim of the plaintiff was barred by limitation and that no money had passed to ...
High Court Of Judicature at Allahabad
Makhan Lal vs Narain Das And Anr.
Judges:
22 February, 1929·1. The question in dispute relates to execution sought by the decree-holder against a surety who became a surety under the provisions of Section 55(4), Civil P.C. On 29th March 1927 the judgment-debtor Bindraban was produced before the execution Court under arrest and he was released on Narain Das s...
High Court Of Judicature at Allahabad
Afzal Husain vs Huran Bibi And Ors.
Judges:
22 February, 1929·2. It would not be proper to decide in this case the exact extent of the share owned by the widow or her right to transfer the property. In the absence of any specific allegation of fraud the plaintiff is not entitled to put the widow to the proof of her title. He should step into the shoes of the v...
High Court Of Judicature at Allahabad
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