Sheikh Muhammad Hanif And Ors. vs Sheikh Ali Raza
Judges: Sulaiman, Mukerji, King
20 July, 1933·3. The judgment-debtors have come up in revision to this Court and contend that the Allahabad Court after having sent the certificate of satisfaction to the Cawnpore Court, had ceased to have any jurisdiction over the case, and, therefore, the order passed by it setting aside its previous ex parte o...
High Court Of Judicature at Allahabad
Gopi Nath vs Gobind Missir And Ors.
Judges:
20 July, 1933·1. This appeal has been filed as an execution second appeal. It arises in the following circumstances : Sudarshan Prasad, the grandfather of Gopi Nath, appellant before me, held two simple money decrees against one Harakh Ram Jaini. Harakh Ram Jaini owned certain mortgagee rights in certain occupanc...
High Court Of Judicature at Allahabad
Shiam Lal And Ors. vs Collector Of Agra
Judges:
19 July, 1933·6. We therefore find it very difficult to lay down any hard and fast rule or to hold that the rights of the landlord are necessarily greater than those of the occupancy tenant, and that the landlord should therefore get a larger share in the amount of the compensation. But this view has been clearly...
High Court Of Judicature at Allahabad
Shiam Lal And Ors. vs The Collector Of Agra
Judges: Sulaiman, Mukerji, King
19 July, 1933·As against these there are also circumstances in favour of the tenants. (1)(a) No doubt an occupancy tenant's right is liable to enhancement, but the enhancement of rent of any occupancy tenant cannot be effected more than once in 20 years and this too for not more than 25 per cent. (Sections 67 and...
High Court Of Judicature at Allahabad
Shiam Lal J. Dewan vs Official Liquidators Of The U.P. ...
Judges:
19 July, 1933·19. If Sub-section (1) had stood by itself and we had not Sub-section (3) added to this section, the result would have been similar to what was pointed out by their Lordships of the Privy Council in Hansraj Gupta's case AIR 1933 PC 63 which was under Section 186 of the Act. The only matter before th...
High Court Of Judicature at Allahabad
Bankey Lal vs Mt. Ram Piari And Ors.
Judges:
19 July, 1933·1. This is a second appeal by a minor plaintiff who brought a suit under the guardianship of his father for a declaration that a certain usufructuary mortgage of a house dated 12th October 1923, executed by his father in favour of Rup Lal was invalid, and asking for the alternative relief of redempt...
High Court Of Judicature at Allahabad
Rikhdeo Rai And Ors. vs Ganga Prasad Pande And Ors.
Judges:
19 July, 1933·1. This appeal is concluded by a finding of fact. The plaintiffs-respondents sued the defendants-appellants for a declaration that the plots specified at the foot of the plaint were in possession of the plaintiffs in the year 1334-F, and that the defendants were not tenants in respect of those plots...
High Court Of Judicature at Allahabad
Dhondha Kandoo vs Sitaram And Ors.
Judges: Kendall
18 July, 1933·2. It is argued in support of the present application that the proceedings of the Magistrate were irregular in that he acquitted the accused in the case without writing a judgment. He did, however, subsequently write a judgment dated January 19, in accordance with the order of the District Magistrat...
High Court Of Judicature at Allahabad
Atar Singh vs Mt. Man Kunwar And Ors.
Judges:
18 July, 1933·1. This is a second appeal in a suit which has been tried in a very curious manner. The circumstances are that the father of the plaintiff is recorded in the khewat for Zamindari property, and he made a document conferring certain occupancy rights on his sister. In accordance with that the sister, d...
High Court Of Judicature at Allahabad
Ram Narain Chaube And Ors. vs Basdeo Misra And Ors.
Judges:
18 July, 1933·1. This is a second appeal by the defendants in a suit for recovery of possession by redemption. The defendants contested the validity of a deed of sale dated 29th December 1920 by one Tirbhawan in favour of the plaintiff. This deed was not registered until 13th May 1921. In the interval, on 6th Jan...
High Court Of Judicature at Allahabad
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