Sabha Ram And Ors. vs Kishan Singh
Judges:
30 May, 1930·1. This is an appeal by the plaintiffs and arises out of a suit for a declaration that a house and certain zemindari property were not attachable in execution of a decree held by Kishan, defendant 1 against Hari Ram, defendant 2, who is the father of the plain-tiffs. On 6th August 1925, Kishan sued ...
High Court Of Judicature at Allahabad
Noor Muhammad vs Mahmud Khan Fayaz Khan And Anr.
Judges:
29 May, 1930·1. This is the judgment debtor's application in revision of an order of a Court to which a Small Causes Court decree had been transferred for execution rejecting an objection by the judgment-debtor that the application for execution was barred by limitation, the rejection being founded on the view t...
High Court Of Judicature at Allahabad
Bechu Ahir vs Hansraj Ahir And Ors.
Judges:
29 May, 1930·3. The plaintiff did not state in the plaint that he was entitled to maintain the suit either because the next presumptive reversioners had colluded with the life tenant, or had otherwise precluded themselves from interfering. The suit was resisted on the ground that the plaintiff was not the nest p...
High Court Of Judicature at Allahabad
Ram Nath vs Ram Sahai
Judges:
29 May, 1930·1. A decree-holder filed within limitation an application for execution on 25th July 1927, but he allowed it to be dismissed for default. In April 1928 contention arose in Court between the judgment-debtor and the decree-holder in regard to whether by a payment which the judgment-debtor was making t...
High Court Of Judicature at Allahabad
Bisheshwar Nath vs Narmadeshwar Prasad Upadhia
Judges:
28 May, 1930·2. Before I had heard counsel for the appellant I had not unfortunately read the judgment of the lower Court, or I should have found that the rule on which counsel based his argument here was never mentioned to the lower Court. Counsel assured me that the objection to the application for execution h...
High Court Of Judicature at Allahabad
Fazal Rab vs Manzoor Ahmad
Judges:
27 May, 1930·7. But before we do so, it is desirable to restate, as briefly as possible, the position of the parties in relation to the land in dispute. Idi owned a 13-pies fractional share of the entire mahal, which was joint. He mortgaged in 1866, to Shamsuddin, a number of specified plots. Of the 13-pies to w...
High Court Of Judicature at Allahabad
Parmeshwari Das vs Lachhman Prasad
Judges:
27 May, 1930·(1) The house was to be constructed at an approximate outlay of Rs. 2,000. (2) Lala Parmeshwari Das plaintiff was to provide the funds. The interest agreed upon was ten annas per cent per mensem. (3) The house was to remain in the occupation of the plaintiff as a tenant for the period of ten years c...
High Court Of Judicature at Allahabad
Kallan vs Nanhe
Judges:
23 May, 1930·JUDGMENT Sen, J. 1. This Court in its exercise the revisional jurisdiction is reluctant to interfere with an order passed by the Court below upon a technical ground of either an error of law or an irregularity of procedure. The revisional jurisdiction has to be exercised with a view to prevent a mis...
High Court Of Judicature at Allahabad
Muhammad Ahmad Khan vs Jai Chand Lal And Anr.
Judges:
23 May, 1930·1. The plantiff's suit was for recovery of Rs. 146 on a promissory note dated 15th June 1926, alleged to have been executed by the two defendants Ali Akbar and Mohammad Ahmad Khan. Defendant 1 did not contest his liability. Defendant 2 repudiated his liability altogether. He denied the execution and...
High Court Of Judicature at Allahabad
Wali Mohammad vs Ganpat And Anr.
Judges:
23 May, 1930·1. Ganpat and another obtained a money decree from the Court of Small Causes against one Baldeo for Rs. 144 and costs on 3rd August 1928. The decree-holders applied on 2nd August 1929 for execution of their decree by-arrest of the judgment-debtor. The judgment-debtor was arrested and brought in Cour...
High Court Of Judicature at Allahabad
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