Achuta Nand And Anr. vs Mahabir Prasad
Judges:
25 February, 1938·1. This is a judgment-debtors appeal and arises under the following circumstances : The plaintiff, respondent filed a suit for partition of certain properties. He also claimed a decree for money as against the defendants. A preliminary decree was passed in favour of the plaintiff directing the parti...
High Court Of Judicature at Allahabad
Narain Das And Ors. vs Firm Ghasi Ram Gojar Mal And Ors.
Judges:
24 February, 1938·In my opinion the true basis of the binding character of such an agreement is that the original contract to abide by the statement of a third person is perfected into an adjustment of the claim in terms of the statement made, as soon as the referee makes the statement. After that stage, neither part...
High Court Of Judicature at Allahabad
Bachcha Lal vs Lachman And Anr.
Judges:
24 February, 1938·No notice has been proved to have reached nor to have been served on Lachhman. The suit for ejectment even against Lachhman was not maintainable. 2. From a perusal of the judgment of the learned District Judge dated 14th February 1931, it appears that this ground was never pressed before him. The le...
High Court Of Judicature at Allahabad
L. Kallu Mal And Ors. vs Mt. Barfo
Judges:
24 February, 1938·1. The question for consideration in the present appeal is whether a decree for maintenance obtained by the respondent who was a widow of a joint Hindu family of which the appellants are the surviving male members, was a mere declaratory decree or was a decree directing the appellants to pay mainten...
High Court Of Judicature at Allahabad
Karan Singh And Anr. vs Budh Sen And Ors.
Judges:
23 February, 1938·It is proved beyond doubt that Mt. Tirbeni is residing separate from the plaintiffs as stated by plaintiffs' witnesses. Her husband was also residing separate from plaintiff.... 4. There is no suggestion that there was a partition between the plaintiff Chiranji Lal and his brother or nephew. The mer...
High Court Of Judicature at Allahabad
Sheikh Ibrar Ahmad And Anr. vs Mt. Kamni Begam
Judges:
22 February, 1938·1. This is a defendants' appeal and arises out of a suit brought against them by the plaintiff, respondent, for a declaration that the deed of gift dated 8th January 1929, executed by the plaintiff in favour of Ibrar Ahmad, since deceased, was invalid and ineffectual. The plaintiff is the step-mothe...
High Court Of Judicature at Allahabad
Jagannath vs Angad And Ors.
Judges:
21 February, 1938·Easements are restrictions of one or other of the following rights (namely): (a) The exclusive right of every owner of immovable property (subject to any law for the time being in force) to enjoy and dispose of the same and all products thereof and accessions thereto. (b) The right of every owner of...
High Court Of Judicature at Allahabad
Bhagwati Singh vs L. Kashi Narain
Judges:
21 February, 1938·Subject to such conditions and limitations as may be prescribed, the Court may, on the application of the decree-holder, order execution of the decree...(e) in any other manner as the nature of the relief granted may require. 3. The argument was that these words "in any other manner" are perfectly g...
High Court Of Judicature at Allahabad
Brij Behari Lal vs Phunni Lal And Anr.
Judges:
18 February, 1938·4. The objections at Gorakhpur, which were ordered to be stayed on 10th November 1934, came up for hearing on 18th February 1935, and the learned First Additional Civil Judge came to the conclusion that the property which was sought to be attached was the joint ancestral property of the objectors, a...
High Court Of Judicature at Allahabad
Girdhar Lal And Anr. vs Alay Hasan Musanna
Judges:
18 February, 1938·3. It would be noted that over and above a decree for sale, the plaintiff claimed a simple money decree for the compensation money against defendants 1 to 5 and it is this prayer of the plaintiff that has given rise to the two questions of law mentioned above. The compensation money withdrawn by def...
High Court Of Judicature at Allahabad
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