Posti Mal vs Firm Radha Kishan-Lal Chand
Judges:
17 March, 1932·1. The decree-holder respondent instituted a suit against the appellant on foot of a promissory note for recovery of a certain sum of money. 2. The suit was contested on the ground which it is not necessary to mention for the purposes of this appeal. Eventually the parties entered into a compromise ...
High Court Of Judicature at Allahabad
Ram Prasad And Ors. vs Sheo Baksh Goshain
Judges:
17 March, 1932·JUDGMENT Mukerji J. 1. This appeal arises out of a suit for money brought by the respondent against the appellant on foot of a sarkhat executed by defendant 1, who is the father of the other defendants. The sarkhat is dated 6th April 1920 and purports to bear interest at 10 annas per cent per mensem...
High Court Of Judicature at Allahabad
Mt. Duiji Kunwar vs Mt. Baila Kunwar And Ors.
Judges:
17 March, 1932·1. This is a second appeal by the plaintiff whose suit has been dismissed by the lower appellate Court on the ground of want of jurisdiction. The plaint set forth that the plaintiff was the daughter of one Earn Shukul who died some 13 years ago and his brother Deo Saran had previously died. The plai...
High Court Of Judicature at Allahabad
Mt. Ram Pati Kunwar vs Phool Singh And Ors.
Judges:
14 March, 1932·3. The learned advocate for the defendant-respondent has referred us to certain cases in which it was held that where a suit is withdrawn under Order 23, Rule 1, Civil P.C. with liberty to bring a fresh suit and a second suit is instituted after the expiry of limitation, though the first suit was wi...
High Court Of Judicature at Allahabad
Basharat Beg vs Hira Lal And Ors.
Judges:
10 March, 1932·1. The appellant, Basharat Beg, was one of several defendants in a suit brought by thirteen plaintiffs for damages for injuries caused to the persons of these plaintiffs on 31st August 1925. On that day a Hindu procession passed by the door of a Mahomedan mosque in the town of Rath. It is now not in...
High Court Of Judicature at Allahabad
Mt. Kundan Bibi And Ors. vs Magan Lal And Ors.
Judges:
09 March, 1932·1. This is an appeal by defendants 3 to 8, Mt. Kundan Bibi and; others, against a decree for sale on two simple mortgages. The sole plaintiff was one Magan Lal who was a mortgagee under two deeds as follows : (1) 21st January 1916 for Rs. 1,100 executed by Bihari Lal, and (2) 25th January 1917 for R...
High Court Of Judicature at Allahabad
Mohammad Mohit Ullah Khan And Anr. vs Bibi Halima Begam
Judges: Banerji, King
08 March, 1932·6. The plaintiff alleges that she lived on good terms with her brothers and did not know whether mutation had been effected in her favour as heir of her parents and of her brother Amanat Ullah but on the death of Azmat Ullah, a dispute arose regarding the mutation and 6he discovered that she was onl...
High Court Of Judicature at Allahabad
Mohammad Mohit Ullah Khan And Anr. vs Bibi Halima Begam
Judges:
08 March, 1932·6. As regards Bilauna the principal defence is that the plaintiff relinquished her share in her mother's estate in Bilauna and that the defendants have boen in adverse possession of the share claimed by the plaintiff for more than 12 years. Kaniz Fatima contended that her dower debt was Rs. 12,000 a...
High Court Of Judicature at Allahabad
Juthi Upadhya And Ors. vs Kesho Prasad Singh
Judges:
08 March, 1932·1. This was a suit for arrears of rent payable by an agricultural tenant. The main defence was that the area of the holding bad been decreased by diluvion and that the defendant was entitled to remission of rent under a local custom. The trial Court found that the alleged custom, which is described ...
High Court Of Judicature at Allahabad
Nandan Sahu vs Hari Shankar
Judges:
08 March, 1932·1. This is a defendant's application in revision from an order of the Court below setting aside the dismissal of a suit and restoring it to its original number on payment of some costs. It is urged that the Court below had no jurisdiction to act under Order 9, Civil P.C. On two previous dates both t...
High Court Of Judicature at Allahabad
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