Sheo Sahai vs Tilok Singh And Ors.
Judges:
11 March, 1936·1. This is a plaintiff's appeal in a suit for possession of a house. Both the lower Courts dismissed it, and the plaintiff has preferred the present second appeal. The house in dispute lies in village Hura, district Shahjahanpur. The plaintiff's father was a 'patwari' of village Hura, and had also a...
High Court Of Judicature at Allahabad
Wali Mohammad And Ors. vs Batuk And Anr.
Judges:
10 March, 1936·1. This is a plaintiff's appeal against a decree of the lower appellate Court modifying a decree of the Court of first instance. The plaintiff claimed an injunction to restrain the defendants from interfering with the right of light and air which he alleged he enjoyed through a window in his premise...
High Court Of Judicature at Allahabad
Imam Baksh vs Emperor
Judges:
10 March, 1936·ORDER Niamatullah, J. 1. This is an application for revision by one Imam Baksh, who has been convicted by a Magistrate, First Class, Shahjahanpur, under Section 62, Stamp Act, and fined Rs. 150. The facts which led to the prosecution of the applicant are as follows : The applicant Imam Baksh was an ...
High Court Of Judicature at Allahabad
Kunwar Inderjit Singh vs Gir Raj Singh
Judges:
10 March, 1936·1. This is a first appeal brought by a plaintiff whose suit has been dismissed by the learned Subordinate' Judge of Meerut on the finding of a Revenue Court. The plaintiff is the son of the defendant and the plaintiff and the defendant formed a joint Hindu family. The plaintiff has brought a suit fo...
High Court Of Judicature at Allahabad
Tulshi Ram vs Seth Bindaban Das And Ors.
Judges: Sulaiman, Bajpai
04 March, 1936·2. The first Question to decide is whether a revision at all lies. Assuming in favour of the applicant that the order of the Court below was irregular or even illegal, we have no jurisdiction to interfere under ) Section 115, Civil Procedure Code unless a case ) has been decided. Now there are a ver...
High Court Of Judicature at Allahabad
Anandi Lal And Ors. vs Ram Sarup And Ors.
Judges:
04 March, 1936·11. The learned Acting Chief Justice then referred to Order 40, Rule 1(2), and expressed the opinion that it would be a very narrow construction on which to accept the argument that as the decree-holder is not entitled to remove the plaintiff whom he has not the present right so to remove, the Court...
High Court Of Judicature at Allahabad
Bhawani Prasad And Ors. vs Bahal Singh And Anr.
Judges:
04 March, 1936·1. This is a plaintiffs' appeal arising out of a suit for profits. The plaintiffs have lost in all the Courts. They claimed to be entitled to the profits of the new khewat in the ratio which 1 bigha 5 biswas would bear to the entire area in that khewat. The facts found are that the plaintiffs had fr...
High Court Of Judicature at Allahabad
Kamal Devi vs Dr. C. Khudadad
Judges:
04 March, 1936·The provisions of this Rule shall apply whether the set-off is admissible under Order 8, Rule 6 or otherwise. 3. Therefore the Code recognizes that a set-off is not limited to the set-off which is pleaded under Order 8, Rule 6. There are various rulings to this effect, such as Pragi Lal v. Maxwell (...
High Court Of Judicature at Allahabad
Adit Singh vs Rai Bindayal Sahu And Ors.
Judges:
03 March, 1936·3. In Ram Khelawan Koeri v. Bishwanath Prasad 1932 All 81, Pullan, J., held: Although a co-sharer brings under cultivation certain waste land and occupies it as his exclusive property with the permission of his co-sharers it is still not permissible for him to alienate that land by means of a perpet...
High Court Of Judicature at Allahabad
Keshava Prasad Singh Bahadur vs Mt. Beni Kunwar And Ors.
Judges:
03 March, 1936·3. It will be seen that this paragraph clearly sets out that if more than 10 bighas of land were thrown out by the river, the zamindars agreed to pay an enhanced revenue. There was no provision in this custom that persons who owned particular plots bad any right to land added by the river to their p...
High Court Of Judicature at Allahabad
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