Madar And Anr. vs Tirath Raj And Ors.
Judges:
31 January, 1945·1. This second appeal arises out of a suit for arrears of rent which was dismissed by an Assistant Collector of the Second Class. The original defendants had pleaded that the plaintiffs were not the zamindars and that they had always paid the rent to the real zamindar Deo Narain. Deo Narain was impl...
High Court Of Judicature at Allahabad
Lal Behari Kurmi vs Mahadeo Singh And Anr.
Judges:
30 January, 1945·1. This appeal arises out of an application under Section 12, Agriculturists' Relief Act. The property which was alleged to have been mortgaged was an occupancy holding. The mortgagor executed two deeds of so-called usufructuary mortgage on 18th July 1922 and a further deed of charge on 23rd June 19...
High Court Of Judicature at Allahabad
Mt. Aisha Begam vs Mt. Kundan Jan And Ors.
Judges:
29 January, 1945·I can arrive at no conclusion but this that the deed of mortgage is wholly farzi and that no consideration passed under it, and that the plaintiff was entirely under the influence and control of her mother, defendant 1. Later on the Court held that the deed was entirely without consideration by reas...
High Court Of Judicature at Allahabad
Ganda Singh And Ors. vs Kundan Singh And Ors.
Judges:
29 January, 1945·JUDGMENT Allsop, J. 1. This appeal arises out of a suit for pre-emption. When the suit was in. stituted, the plaintiff claimed a right to preempt on the ground that he was a cosharer in the same mahal with the vendee but was a nearer relation to the vendor, that is, was not removed by more than four...
High Court Of Judicature at Allahabad
Rafiqa Begam And Anr. vs Aisha Begam
Judges:
29 January, 1945·2. The plaint was filed on 27th July 1938 and along with the plaint the plaintiff filed an application for appointment of a Commissioner. The reason given in the application for the appointment of the Commissioner was that the plaintiff's ornaments, articles and cash were in the unlawful possession ...
High Court Of Judicature at Allahabad
Nathoo And Anr. vs Hori Lal
Judges:
26 January, 1945·JUDGMENT Allsop, J. 1. This appeal arises out of a suit for pre-emption in which a decree was passed by the lower appellate Court in favour of the pre-emptor. There was in that Court some question of the issue of notice under Section 14, Agra Pre-emption Act, 1922, but it was found as a fact that no...
High Court Of Judicature at Allahabad
Durgan Singh Alias Arjun Singh vs Ram Sahai
Judges:
26 January, 1945·1. This is a defendant's appeal. The suit was brought against him under Section 180, U.P. Tenancy Act, to eject him as a trespasser from a plot No. 174/2/1 of an area of 12 acres. This plot was allotted at a partition in 1940 to the respondent, Ram Sahai, and the appellant does not claim any title i...
High Court Of Judicature at Allahabad
Bhagwan Singh vs Hari Ram And Ors.
Judges:
24 January, 1945·JUDGMENT Allsop, J. 1. This second appeal arises out of a suit under Section 33, Agriculturists' Relief Act, which was dismissed by the lower appellate Court upon the ground that the plaintiff was not entitled to invoke the aid of that section. The plaintiff set up two mortgages dated 3rd June 1921 ...
High Court Of Judicature at Allahabad
Rajrup Rai And Ors. vs Sheo Shankar Rai And Anr.
Judges:
24 January, 1945·JUDGMENT Allsop, J. 1. This second appeal arises out of a suit for partition instituted by one Shyam Narain. Shyam Narain had two brothers, Narsingh Rai and Jai Narain. Narsingh Rai had two sons, Sheo Shanker Rai and Sheo Murat Rai, and Jai Narain had three sons, Rajrup, Munua and Kamal. Shyam Narai...
High Court Of Judicature at Allahabad
M. Ram Narain vs Mukat Behari Lal
Judges:
23 January, 1945·JUDGMENT Allsop, J. 1. This appeal arises out of a suit for the recovery of a sum of money on the basis of a promissory note. The only questions in appeal are whether the plaintiff is entitled to interest and to costs. It is not denied that the provisions of the Agriculturists'Relief Act apply to th...
High Court Of Judicature at Allahabad
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