Nosh Ali And Ors. vs Shamsunnesa Bibi And Anr.
Judges:
09 December, 1938·3. In para. 2 the mutwalli is directed to spend the income of the waqf estate on the requirements of Juma mosque of the town of Nizamabad and other religious purposes. Para. 4 directs that the mutwalli will not be permitted to transfer or otherwise encumber the dedicated property. It cannot be dispu...
High Court Of Judicature at Allahabad
Lachman Singh vs Mulwa
Judges:
08 December, 1938·1. This is a second appeal by a defendant; against concurring decrees of the two lower Courts. The plaintiff brought a, suit on the allegation that a certain plot was his occupancy tenancy and he had planted a grove on that plot and in 1923 the defendant, apparently in execution of a wimple money de...
High Court Of Judicature at Allahabad
Bishan Datt Singh And Anr. vs Mathura Prasad And Anr.
Judges:
08 December, 1938·I hereby write and agree to pay within one year the said money with interest to the said Mumtaz Mirza Saheb. If perchance I fail to pay the said money with interest within the year, the said Mirza Saheb shall be competent to realize the entire amount with interest from the said house. Neither I nor ...
High Court Of Judicature at Allahabad
Madho Prasad vs Makhan Lal
Judges:
07 December, 1938·2. It is argued by the learned Counsel for the defendant-appellant that the suit was "in respect of" a "debt" within the meaning of Section 7(1)(b) and was therefore not maintainable. In support of this contention reliance is placed on the definition of the word "debt" in Section 2(a) of the Act and...
High Court Of Judicature at Allahabad
Govind Prasad vs Mt. Batulan And Ors.
Judges:
07 December, 1938·1. The only question involved in this revision is whether a person who holds proprietary grove in a certain village but pays neither any revenue nor rent, nor any local rate can be deemed to be an agriculturist within the definition of that term in Section 2, Agriculturists' Relief Act. In my view t...
High Court Of Judicature at Allahabad
Sheo Prasad Singh vs Ram Khelawan Singh And Ors.
Judges:
07 December, 1938·3. Learned Counsel for the defendant-appellant, while conceding that the decisions above mentioned are against his contention that such a suit is barred, maintained that the sound view of the law on the point is to be found in the decision in Ram dour Rai v. Harnam Das (1917) 4 A.I.R. Pat. 62. The l...
High Court Of Judicature at Allahabad
Balbir Singh And Ors. vs Sohan Lal And Ors.
Judges:
07 December, 1938·1. This is a first appeal by certain debtors Balbir Singh, etc. against an order by the Special Judge under the Encumbered Estates Act. The order is one accepting a claim by the opposite party, the creditors, Seth Sohan Lal and others, for the entry of a debt due to them on a simple mortgage deed of...
High Court Of Judicature at Allahabad
Mt. Shayam Peare vs Ram Autar Singh
Judges:
07 December, 1938·1. In this case the plaintiff sued to recover Rs. 1275 on the basis of a promissory note dated 13th September 1927 executed by Ram Sarup deceased who was the husband of the defendant, Mt. Shyam Poari. The trial Court dismissed the suit on the ground that no suit lay on the promissory note. An appeal...
High Court Of Judicature at Allahabad
Mohib Ali Khan vs Baldeo Prashad And Anr.
Judges:
06 December, 1938·3. The wording in this Section is that a right "may be claimed." The Section does not say that a decree may be granted or shall be granted. Obviously, the wording of Section 22 leaves it open to the defence to take advantage of any defence which may be brought under any portion of the Preemption Act...
High Court Of Judicature at Allahabad
Mt. Brij Devi vs Shiva Nanda Prasad And Ors.
Judges:
06 December, 1938·2. Following upon this gift in his favour, the donee was put in possession of the property. He did not however succeed in building the temple or a residential quarter for his own occupation. On 14th April 1927 however he made a waqf of the property in favour of defendant 1, that is he transferred th...
High Court Of Judicature at Allahabad
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