Ghanshiam Das Baijnath vs Mithan Lal Tandan And Anr.
Judges:
14 February, 1930·1. This is an application in revision from a decree of the Court of Small Causes dismissing a suit based on a promissory note. The promissory note was executed by the defendants in favour of the plaintiff, but the Court below has come to the conclusion that although the defendants received considera...
High Court Of Judicature at Allahabad
K.B.H. Mohammad Mohiuddin Haidar vs Doori Singh
Judges:
14 February, 1930·1. This is Letters Patent appeal brought by the defendant against the judgment of a learned single Judge of this Court in favour of the plaintiff. The plaintiff brought a suit in the revenue Court under Section 95, Agra Tenancy Act (Act 2 of 1901), for a declaration that he was an occupancy tenant o...
High Court Of Judicature at Allahabad
Bhawani Prasad And Ors. vs Pahlad Singh And Anr.
Judges:
14 February, 1930·2. Both the lower Courts dismissed the suit of the plaintiffs, but the learned single Judge of this Court has found in favour of the plaintiff in regard to this drain. He has arrived at that finding on a consideration of the definition of street. In the Municipalities Act (Act 2 of 1916) the definit...
High Court Of Judicature at Allahabad
Singar Kunwar vs Basdeo Prasad And Ors.
Judges:
11 February, 1930·4. The learned Subordinate Judge has himself come to the conclusion that the ordinary presumption is so weak that the plaintiffs' claim in respect of the hundis and the promissory note cannot be decreed in this case on merely formal proof of their execution (p, 22). He has, however, thought that the...
High Court Of Judicature at Allahabad
(Mandir) Thakurji Maharaj vs Risal
Judges:
11 February, 1930·4. It has been conceded before me by the learned counsel for the appellant that if instead of taking proceedings under Section 81, the landholder had instituted an ordinary suit for arrears of rent for the years 1332, 1333 and Rabi 1334 Fasli it would have been barred by Order 2, Rule 2, Civil P.C.,...
High Court Of Judicature at Allahabad
Pokhar Singh vs Mt. Dulari Kunwar
Judges:
11 February, 1930·16. As to the second point the main plank of the plaintiffs' case is this: no doubt the transaction of 1898 was a good one so long as the mother lived. The mother had a life interest and she could give the property during her lifetime to anybody she pleased, but she could not continue to give a vali...
High Court Of Judicature at Allahabad
Bhagwat Prasad Shukul vs Nabi Mohammad And Ors.
Judges:
11 February, 1930·2. It is admitted that the plaintiff is the zamindar and owner of the site of the houses in question. The defendants occupied the site of the houses and they also held fairly large agricultural holdings in the village, and in 1923, as they had failed to pay rent for some "considerable time, they wer...
High Court Of Judicature at Allahabad
Phagoo Murao vs Tulshi Ram Tewari And Anr.
Judges:
10 February, 1930·2. The facts are that one Parmeshwar Datt mortgaged a certain property to one Tulshi. In 1876 Tulshi sold his mortgagee rights to one Dewa Datt. In 1893 the mortgagor Parmeshwar Datt sold the equity to Gurcharan, and Gurcharan in his turn gave the property, subject to the mortgage, to Nageshar and h...
High Court Of Judicature at Allahabad
Khelari And Ors. vs Har Prasad And Ors.
Judges:
07 February, 1930·1. This is an application in revision from an order of the lower appellate Court setting aside an order of the first Court returning the plaint for presentation to proper Court. As the question involved is whether the Court had jurisdiction to entertain the appeal, this would be a matter relating to...
High Court Of Judicature at Allahabad
Fateh Singh And Anr. vs Prithi Singh And Anr.
Judges:
07 February, 1930·JUDGMENT Sulaiman, J 1. These three appeals are connected and arise out of two suits for pre-emption. The first was to preempt a sale deed and the second to preempt a deed of exchange which was taken during the pendency of the former suit. The defendant pleaded that by virtue of this deed of exchang...
High Court Of Judicature at Allahabad
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