Rup Narain vs Tirbeni Sahai Alias Mangoo Lal
Judges:
28 October, 1942·5. We come now to the question of limitation. The first question which has to be considered in connexion with the issue is whether this was a bond to which the provisions of Article 75 of Schedule I, Limitation Act, were applicable or not. The case has proceeded upon the footing that Article 75 was ...
High Court Of Judicature at Allahabad
Sri Thakur Bejai Ragho Niwasji vs Tej Narain Lal
Judges:
27 October, 1942·2. Now the main question which has been argued before me in this appeal is as to what was the effect of Civil Suit No. 197 of 1905 which was brought by the superior proprietors who are now represented by the defendants first set and which suit had abated. It appears that in the year i905 there was a...
High Court Of Judicature at Allahabad
Zafar Husain vs Manzoor Husain
Judges:
23 October, 1942·ORDER Plowden, J. 1. This is a revision under Section 276, U.P. Tenancy Act, 1939, against the order of the District Judge of Cawnpore dated 16th July 1941 which held that the plaintiff was a cosharer although not a co-owner of certain property and was, therefore, entitled to bring his suit under Se...
High Court Of Judicature at Allahabad
Patroo Lal vs Mt. Parbhawati Kuar And Ors.
Judges:
23 October, 1942·1. This is an appeal by the sole plaintiff Patru Lal whose suit was dismissed by the Civil Judge of Azamgarh. The plaintiff and pro forma defendant 5, Madho Prasad, are the sons of Moti Lal, defendant 3 and of Mt. Bhagwanta Kuer, defendant 4. The suit was brought for possession of a half share in ce...
High Court Of Judicature at Allahabad
Smt. Surjoo Bai vs Municipal Board
Judges:
23 October, 1942·2. In the first place, I am not satisfied that the appellant has any cause of action. The municipal board issued notices under Section 186, Municipalities Act, to the occupiers of the tapras who had erected those tapras. There is nothing to show that the plaintiff had any right to the materials of t...
High Court Of Judicature at Allahabad
Dolly Edelwaize D'Silva vs Mrs. Maelakin And Ors.
Judges:
22 October, 1942·1. This appeal is directed against an order passed by the District Judge of Gorakhpur rejecting an application filed by the appellant for the grant of a succession certificate with respect to some post office cash certificates that were held by one Joseph Anderson deceased. The appellant alleged in ...
High Court Of Judicature at Allahabad
Debi Prasad vs Bhagwati Prasad And Anr.
Judges:
15 October, 1942·Signature of Bhagwati Prasad in autograph. 2. This sarkhat bears four stamps of one anna each. A substantial portion of the above writing from the word "received" up to "autograph" is written over the stamps, and this sarkhat is recorded on the first page of a new bahi. A default having been made in...
High Court Of Judicature at Allahabad
Kadher Mal vs Kunwar Sheo Narain
Judges:
14 October, 1942·2. On the question of minority the trial Court came to the conclusion that the defendant had failed to prove his minority on the date of the promissory note in suit. It also held that the promissory note was duly executed but on the other issues the trial Court came to a conclusion adverse to the pl...
High Court Of Judicature at Allahabad
Mt. Sobadra And Ors. vs Shri Thakur Behari Ji Maharaj ...
Judges:
08 October, 1942·4. By three successive decisions of the Privy Council, it has now been settled that the order of succession amongst bandhus under the Mitakshara law is based upon consanguinity or nearness of blood and the primary test to apply is that of nearness of blood and it is only when that test furnishes no ...
High Court Of Judicature at Allahabad
Roshan Lal vs Babu Lal Alias Babu Bam
Judges:
02 October, 1942·2. The defence of Roshan Lal was that the suit was not maintainable, that Roshan Lal was the tenant of the holding and that the present suit was barred by res judicata. The learned Munsif before whom the suit was filed remitted one issue to the revenue Court, viz., the issue on the question of Rosha...
High Court Of Judicature at Allahabad
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