Raja Ram And Ors. vs Chhotay Lal And Anr.
Judges:
28 November, 1930·1. This is an application in revision by the plaintiffs against an order of the learned District Judge of Moradabad, dated 4th February 1929. This order is to the following effect: The parties agree that this suit stand over pending a final decision by a competent Court whether this is or is not a p...
High Court Of Judicature at Allahabad
Chandharan Krishna Kumari vs Chaudhri Naubehar Singh
Judges:
28 November, 1930·JUDGMENT Sen, J. 1. This appeal is clearly misconceived and ought to be dismissed. On 20th December 1920 a succession certificate was granted to the appellant conditional upon her furnishing security for Rs. 6,000. A security bond was duly executed. She made an application for the cancellation of th...
High Court Of Judicature at Allahabad
Kanhaya Lal vs Tulsi Pershad
Judges:
28 November, 1930·1. This is a second appeal from the decision of the learned Additional District Judge of Aligarh. The facts of the case are complicated. They deal with the transfer between a large number of parties of the rights arising out of a mortgage, the date of which' is unknown, but which mortgage is admitte...
High Court Of Judicature at Allahabad
Amir Singh vs Mohd. Zahiruddin
Judges:
28 November, 1930·1. I am of opinion that the subordinate Courts were correct in holding that the present suit was not barred by res judicata. The plaintiff, who is obviously a persistent claimant, sued in 1912 in the revenue Court for the ejectment of the defendant from pasture land. The revenue Court refused to tak...
High Court Of Judicature at Allahabad
Gobardhan Das vs Mt. Jai Devi
Judges:
28 November, 1930·2. A preliminary point is taken that no-revision lies. It appears that after the learned Munsif had passed an ex parte decree against the defendant, the defendant took the matter in appeal to the learned District Judge. The learned District Judge considered the. merits of the case and was of opinion...
High Court Of Judicature at Allahabad
Panchu Lonia vs Ram Newaz And Ors.
Judges:
27 November, 1930·JUDGMENT Sen, J. 1. This is an appeal by the plaintiff and arises out of a suit for possession of 24 acres of land forming part of plot No. 681 in a fixed rate holding situate in mouza Kadipur in the district of Jaunpur. Admittedly the parties to the action were joint tenants of this holding. The pl...
High Court Of Judicature at Allahabad
Mt. Saidunnisa vs Mt. Ruqya And Ors.
Judges:
26 November, 1930·8. There can be no doubt that a Muslim mother who assumes the position of a da facto guardian of her minor child has no power to transfer his property and such a transfer is not only voidable but void: Imambandi v. Mutsaddi A.I.R. 1918 P.C. 11. The learned advocate for the appellant contends that th...
High Court Of Judicature at Allahabad
Mukat Lal And Ors. vs Gulab Singh-Pran Mal
Judges:
25 November, 1930·5. When the contract relating to the 17 grain pits was disclosed, the counter-case put forward by the plaintiffs was that there was a practice in the market under which there could be no delivery or purchase after the fixed date and that under the decision of a panchayat of commission agents all bus...
High Court Of Judicature at Allahabad
Emperor vs Sat Narain
Judges:
24 November, 1930·6. Venayek gave his age as 40 years before the Magistrate. He has appeared before us and is undoubtedly much older. Ram Kali is admittedly a young woman of about 25. The Magistrate 'describes the husband as old, infirm and valetudinarian, and the wife as a young, vigorous woman. Upon this hypothesis...
High Court Of Judicature at Allahabad
Chandi Prasad Misir vs Balaji Misir And Ors.
Judges:
21 November, 1930·JUDGMENT Sulaiman, J. 1. This is a defendant's appeal arising out of a suit for a declaration that a pre-emption decree obtained by the respondents is not binding on the plaintiff because he was a minor at the time when the decree was passed. One of the pleas raised in defence was that in the previo...
High Court Of Judicature at Allahabad
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