Alimullah vs Mohammad Khalil And Anr.
Judges:
29 February, 1940·1. This is an appeal by Alimullah, defendant-vendee, arising out of a pre-emption suit. The vendee contested the suit inter alia on the ground that Mohammad Khalil, plaintiff respondent, had no preferential right of pre-emption as against him. This contention of the vendee was overruled by both the ...
High Court Of Judicature at Allahabad
B. Lallo Singh vs Jamna Prasad
Judges:
28 February, 1940·3. The only question which has been argued before me in this second appeal is whether the plaintiff was or was not entitled to sue for possession without also praying for cancellation or avoidance of the lease. The learned Judge of the lower Appellate Court has relied on the decision in Aziz-un-niss...
High Court Of Judicature at Allahabad
Matru Mal And Anr. vs Mehri Kunwar And Anr.
Judges:
27 February, 1940·3. The decision of the trial Court on each of these issues is in favour of the defendants. The will has been held proved and further the borrowing of the money on the mortgage of 8th March 1927 was held to be justified by legal necessity. In appeal the finding that the will had been proved was not c...
High Court Of Judicature at Allahabad
B. Jairaj Singh And Ors. vs B. Har Narain Singh And Anr.
Judges:
27 February, 1940·1. This is a vendees' appeal arising out of a pre-emption suit. The sale sought to be pre-empted was effected on 22nd August 1936. The price entered in the sale deed was Rs. 500. On the date of the sale the plaintiff and the vendor were cosharers in the same patti while the vendees were cosharers in...
High Court Of Judicature at Allahabad
Azhar Husain vs Mansab
Judges:
26 February, 1940·1. This is a plaintiff's second appeal. He sued for a perpetual injunction in respect to a piece of land; and in the alternative he prayed for possession thereof. It was alleged in the plaint that the plaintiff had obtained this plot from one Sheikh Hamiduddin, a proprietor of the village, whose chh...
High Court Of Judicature at Allahabad
Sadho Saran Pande vs Beni Madho Ojha And Ors.
Judges:
23 February, 1940·2. Defendants first and second party, while admitting the right of pre-emption of the plaintiffs of both the suits with respect to the sale, contested the suit on the allegation that the lease represented a transaction quite distinct from the transaction of sale and was not fictitious, and that the ...
High Court Of Judicature at Allahabad
Mt. Kishni vs Murli Singh And Ors.
Judges:
15 February, 1940·The written statement must be presented within the period specified in the notice, unless the claimant satisfies the Special Judge that he had sufficient cause for not presenting it within such period, in which case the Special Judge may receive the statement if presented within a further period of ...
High Court Of Judicature at Allahabad
Girdhari Lal vs Kishore Lal
Judges:
12 February, 1940·ORDER Allsop, J. 1. This is an application under Section 25, Small Cause Courts Act. The learned Judge of the Small Cause Court at Agra has given the plaintiff a decree for money. The defence was that the suit was barred by limitation. The plaintiff maintained that limitation was saved by a payment ...
High Court Of Judicature at Allahabad
Mt. Kaniz Kubra Bibi vs Syed Muzaffar-Ud-Din Haider And ...
Judges:
09 February, 1940·3. It appears to me that if there can be a valid wakf subsequent to the Act, apart from the provisions of the Act, where the wakf makes provisions for the family of the wakif then the rulings of the Privy Council and the Courts in India which applied to wakfs before the Act would apply. One of those...
High Court Of Judicature at Allahabad
Mazhar Ali Khan vs Mt. Kulsum Begam
Judges:
07 February, 1940·1. This is an appeal against an order of the learned District Judge of Shahjahanpur rejecting an application by the appellant, Mazhar Ali Khan, to be appointed guardian of the person and property of his niece, Mt. Riyazi Begam, a minor girl, aged 13 years in 1937. The minor was in the custody of her...
High Court Of Judicature at Allahabad
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