Jaideo Singh And Anr. vs Munshi Dhoom Singh And Ors.
Judges:
20 February, 1929·3. In this second appeal this finding of the lower appellate Court is impugned on the following grounds: Firstly, when Champat Rai died, his widow Mt. Jamna Kunwar came into possession, and the plaintiffs could not sue as reversioners of Champat Rai during her lifetime; nor could limitation run agai...
High Court Of Judicature at Allahabad
Rohan Lal vs Collector Of Etah
Judges:
20 February, 1929·4. As regards the contention of the learned Counsel that the occupancy tenants not having chosen to contest the award, the zamindar should get the entire market value of the land minus the amount paid to the occupancy tenants, it is sufficient to say that this contention is not sound. The fact that ...
High Court Of Judicature at Allahabad
Rafiq-Un-Nissa Bibi vs Abdul Shakur Khan And Ors.
Judges:
20 February, 1929·2. Now the lower appellate Court carefully considered whether Section 11, Civil P.C. did bar the present suit. It held that it did not for two reasons. One reason was that the causes of action of the two suits were different. This reason appears to me to have no force. Nowhere in Section 11 is the t...
High Court Of Judicature at Allahabad
Babu Paras Ram Singh vs Raj Kumar Singh And Ors.
Judges:
19 February, 1929·2. It is not disputed before us that Raj Kumar is a recorded cosharer. We must also accept the finding of the Court below that Paras Ram being joint with his brother Kagji is also a proprietor though not recorded as such. The finding that Ram Raj is an ex-proprietary tenant is challenged before us. ...
High Court Of Judicature at Allahabad
Natho And Anr. vs Babu Ram
Judges:
19 February, 1929·1. On 22nd July 1927, Nathu and Sarju were appellants in a case fixed to come on before the Subordinate Judge, Muzaffarnagar. Nathu and Sarju were both present and they had engaged a pleader, B. Mulchand. At the moment when the case was called on, B. Mulchand, in the ordinary course of his professio...
High Court Of Judicature at Allahabad
Masitullah And Anr. vs Umrao And Ors.
Judges:
19 February, 1929·3. The sole question in this appeal is whether the defendants are entitled to the benefit of Section 4, Partition Act. A right to partition being one of the incidents of proprietary right held in co-ownership cannot ordinarily be resisted. Where the effect of the partition is calculated to destroy t...
High Court Of Judicature at Allahabad
Babu Pares Ram Singh vs Raj Kumar Singh And Ors.
Judges: Sulaiman, Kendall
19 February, 1929·2. It is not disputed before us that Raj Kumar is a recorded co-sharer. We must also accept the finding of the Court below that Pares Ram being joint with his brother Kagji is also a proprietor though not recorded as such. The finding that Ram Raj is an ex-proprietary tenant is challenged before us....
High Court Of Judicature at Allahabad
Kallu vs Ganesh And Ors.
Judges:
19 February, 1929·JUDGMENT Ashworth, J. 1. This appeal arises out of a suit brought by the plaintiff-respondent for redemption of certain mortgaged property. The Courts below have held that the property was first mortgaged by one Bhawanidin to Kallu on 7th November 1890 for Rs. 90 a provision of the mortgage being th...
High Court Of Judicature at Allahabad
Abdul Aziz vs Shah Abdul Rahim And Ors.
Judges:
18 February, 1929·3. Section 47, Civil P.C. provides: All questions arising between the parties to the suit, in which the decree was passed or their representatives, and relating to the execution, discharge or satisfaction of the decree, shall be determined by the Court executing the decree and not by a separate suit...
High Court Of Judicature at Allahabad
Sah Ramchand vs Panna Lal And Anr.
Judges:
18 February, 1929·2. The plaintiff-appellant brought the suit out of which the present appeal has arisen for redemption of a mortgage without payment of amount, or in the alternative on payment of Rs. 3,661. The Court of first instance decreed the claim on payment of Rs. 27,000 within the usual period of grace. The p...
High Court Of Judicature at Allahabad
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