(Sardar) Mohammad Shakir Dad Khan ... vs Sahu Nand Kishore
Judges:
20 February, 1936·1. This is a Letters Patent appeal by a decree-holder under the following circumstances: The decree-holder has made an application for execution of a decree in Suit No. 127 of 1923 in which a decree was passed in his favour in F.A. No. 204 of 1925 by this Court on 8th May 1929. The present applicati...
High Court Of Judicature at Allahabad
Mohammad Tahir And Ors. vs Bechey Lal And Ors.
Judges:
20 February, 1936·1. This is an appeal by the plaintiffs who are heirs of one Mohammad Yahya. The facts giving rise to the suit and the appeal may be briefly stated. It appears that one Mt. Sakina was the owner of 1 1/4 th biswa share in zamindari property and on 15th March 1916 she sold a 7 biswansi out of that shar...
High Court Of Judicature at Allahabad
Mubarik Hasan vs Ishri Prasad
Judges:
19 February, 1936·JUDGMENT Allsop, J. 1. This is a second appeal from an order passed in execution proceedings by the learned District Judge of Budaun. The appellant was a tenant and a decree was passed against him for arrears of rent in favour of the lambardar. Thereafter there was a partition in the mohal and the d...
High Court Of Judicature at Allahabad
Rajdhari Lal And Ors. vs Bishunath Singh And Ors.
Judges:
19 February, 1936·1. This is a plaintiffs' appeal arising out of a suit for ejectment brought by the zamindars against the defendants who were ejected from their holdings. The claim is for the ejectment of the defendants from the house which they occupy on the a badi site. The trial Court held that the house was appu...
High Court Of Judicature at Allahabad
Ram Sarup vs Sahu Bhagwati Prasad And Anr.
Judges:
19 February, 1936·2. It was apparently by an error that the name of another vakil remained in the document. Under Order 3, Rule 4(1) it is provided that no pleader shall act in any case unless he has been appointed for the purpose by such person by a document in writing and signed by such person.... The question is w...
High Court Of Judicature at Allahabad
Ram Autar Sahu And Ors. vs B. Bate Krishna And Anr.
Judges:
18 February, 1936·1. This is an application by Ram Autar, Murlidhar and Bhagwan Das for the revision of an order passed by the Additional Subordinate Judge of Benares impleading them in the array of judgment-debtors. The facts of the case can be shortly stated as follows: It appears that one Gopal Das and his sons ex...
High Court Of Judicature at Allahabad
Makkhan Lal vs Mt. Bhagwana Kuer
Judges:
18 February, 1936·2. It was urged by the learned Counsel for the applicant that it was not permissible to have execution proceedings in more than one Court and as the decree had already been transferred, as stated above, to the Court of the West Munsif, Allahabad, the Small Cause Court Judge had no jurisdiction to en...
High Court Of Judicature at Allahabad
Makkhan Lal vs Musammat Bhagwana Kuer
Judges: Harries, G Nath
18 February, 1936·1. This is an application in revision by the judgment-debtor, Makkhan Lal, against the order of the learned Judge, Small Cause Court, Allahabad, for the execution of a decree by arrest of the applicant. The opposite party, Musammat Bhagwana Kuer, had a decree against the applicant. She applied for e...
High Court Of Judicature at Allahabad
Nageshwar Prasad Singh vs Ram Sarup Singh And Ors.
Judges:
18 February, 1936·1. This is an application in revision by Nageshwar Prasad Singh against the order of the learned District Judge, Moradabad, passed under Section 5 Charitable and Religious Trusts Act (14 of 1920). A preliminary objection was raised by the learned Counsel for the opposite party that no revision lies ...
High Court Of Judicature at Allahabad
Nagesar Ram vs Rajnet Ram
Judges:
15 February, 1936·2. It will be seen that the rule relates to decrees for payment of money. As we have already pointed out, in the case before us, we have a decree for payment of money on the one side and a decree obtained on the basis of a mortgage-deed for sale on the other. It cannot be said that a decree for sale...
High Court Of Judicature at Allahabad
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