Bishnath Singh And Ors. vs Collector Of Benares
Judges:
28 January, 1937·3. Now the matter was not raised in appeal but is raised now in review. The principles which should govern a Court in considering such an application in review have been laid down by a Bench of this Court of which one of us was a member, in Khudal Jatul Kubra v. Anina Khatun A.I.R. 1924 All. 388, an...
High Court Of Judicature at Allahabad
Sunder Lal vs Kunwar Hari Har Sahai And Ors.
Judges:
27 January, 1937·3. It may here be mentioned that after an appeal to this Court had been preferred by the defendant, he made an application to the Court below which purports to be one under Section 151, Civil P.C. The prayer was that the mortgage suit should be revived as the decree passed by the learned Judge in su...
High Court Of Judicature at Allahabad
Mt. Kalawati vs Pundit Daya Nand
Judges:
26 January, 1937·1. This is an application under Section 115, Civil P.C., for revision of an order passed by the Subordinate Judge, Aligarh, restoring an appeal which had been dismissed for default. It appears that in the appeal pending in the lower Court Bhojraj respondent died during pendency of the appeal. An app...
High Court Of Judicature at Allahabad
Mt. Amna Khatoon vs Abdul Karim
Judges:
26 January, 1937·2. The learned Judge has relied on two cases which, however, are distinguishable. In the case, Piare Lal v. Ganapat A.I.R. 1930 Lah. 437 the depositor had after the declaration added "and I make this my will so far as regards such deposit." The learned Judge of the Lahore High Court held that it was...
High Court Of Judicature at Allahabad
Prahlad Prasad And Anr. vs Mt. Chameli Kuar And Ors.
Judges:
25 January, 1937·2. The only point that is now pressed before us in appeal is that the plaintiff has not proved that she is a co-sharer in this mahal. On 2nd May 1932 her husband Liladhar acquired a share in mabal Lakhi Chak Mustaqil, and Chak Ehtamali, of village Nagaria Fatehpur, and also a share in the other vill...
High Court Of Judicature at Allahabad
Babu Lachmi Narain vs Batuk Singh And Ors.
Judges:
22 January, 1937·A thekadar is a farmer or other lessee of proprietary rights in land, and in particular of the right to receive rents or profits. 2. Now as the collection of rents and profits is not the subject of lease but the mere possession of six plots, we do not consider that there is any lease of proprietary ...
High Court Of Judicature at Allahabad
Parathnath And Anr. vs Rameshwar Pratap Sahi
Judges:
22 January, 1937·The plaintiff, if he had chosen, could, before lending his money, have obtained from the Hindu widow the security of the ancestral property by obtaining a mortgage. He did not choose to demand a mortgage before advancing his money; he accepted the personal liability of the widow. He now seeks to get...
High Court Of Judicature at Allahabad
Jafar Husain vs Bishambhar Nath
Judges:
21 January, 1937·2. This decision was given in the month of October, 1926. Both parties to the appeal are agreed before us that before the enactment of Rule 11, Order 34 the law was as stated in the above mentioned judgment of their Lordships of the Privy Council. The plaintiff contends that the law is still the sam...
High Court Of Judicature at Allahabad
Raghunandan Singh vs Bhupal Gir And Anr.
Judges:
21 January, 1937·1. This is an appeal from an order of the District Judge, Bulandshahr, in an insolvency proceeding, refusing to permit the applicant to execute his decree for recovery of arrears of rent by ejectment of the insolvent tenant. The land- holder himself applied to the Court for such permission, because ...
High Court Of Judicature at Allahabad
L. Murli Dhar vs Har Sarup And Ors.
Judges:
21 January, 1937·1. This is a Letters Patent appeal arising out of a suit for damages brought by the plaintiff who was an attaching creditor of the crops of a tenant against the contesting defendant who was the land-holder. The tenant was previously a proprietor but his proprietary interests were sold with the resul...
High Court Of Judicature at Allahabad
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