Ram Sewak Lal vs Bashist And Ors.
Judges:
25 September, 1947·4. The sole question which is to be decided in this appeal is whether the nature of the present suit is such that it could not be properly entertained by the civil Court. Section 242, U.P. Tenancy Act, directs that all suits...of the nature specified in the Fourth Schedule shall be heard...by a reve...
High Court Of Judicature at Allahabad
Deep Chand And Ors. vs Mania And Ors.
Judges:
24 September, 1947·2. Both the Courts below answered the above question in the negative. The plaintiffs come in appeal. 3. Section 6, Agra Pre-emption Act, provides inter alia that no right of pre-emption shall arise in respect of any sale in execution of the decree of a civil or revenue Court. The question for determ...
High Court Of Judicature at Allahabad
Angan Chaube vs Kedar Nath And Ors.
Judges:
24 September, 1947·2. The trial Court dismissed the claim. In appeal the learned Civil Judge decreed the claim for possession but dismissed that for damages on the ground that there was no satisfactory evidence that the defendants had cut the trees and taken away the fruits and flowers. 3. Two points have been urged o...
High Court Of Judicature at Allahabad
Man Alias Udit Narayan And Ors. vs Lalita Singh And Ors.
Judges:
22 September, 1947·4. On appeal, the learned Civil Judge held otherwise, but agreed with the finding of the Revenue Officer that the defendants did not possess proprietary title. He however, disagreed with him in his conclusion that Section 206 gave the defendants the rights of hereditary tenants. The defendants are b...
High Court Of Judicature at Allahabad
Dora Ina Eates vs Eric Nevel Eates
Judges:
15 September, 1947·2. I am satisfied that the parties are domiciled in India, and that the petitioner professes the Christian religion. The petitioner and her husband last resided together in Dhanbad in Bengal, and the preliminary question which arises in this case is whether the fact-and I find it to be so-that both ...
High Court Of Judicature at Allahabad
Chail Behari Lal vs Muncipal Board
Judges:
12 September, 1947·7. The defence, in the main, was that the civil Court had no jurisdiction to entertain the suit. The bar of Section 211, Municipalities Act, was also pleaded. 8. The learned Civil Judge dismissed the suit. He was of opinion that it was not open to the civil Court to go behind the order of the Commis...
High Court Of Judicature at Allahabad
Chhatradhari Ahir And Ors. vs Uttam Chand And Ors.
Judges:
12 September, 1947·7. On the other Hand, learned Counsel for the respondent has invited our attention to the language used in Section 5, Agra Pre-emption Act, and in that connection to the definition of the term "wajib-ul-arz" given in Section 4(12) of the Act, The contention of the learned Counsel is that this "kafiy...
High Court Of Judicature at Allahabad
U.P. Goverment vs Redhey Lal
Judges:
11 September, 1947·4. The Commissioner forwarded this letter to the Superintendent Dehra Dun, for compliance and the latter sent a copy of it to the respondent asking him to furnish the explanation by 13-12-1940. On 11-12-1940, the respondent submitted the explanation to the District Magistrate. It runs into five type...
High Court Of Judicature at Allahabad
District Board vs Kailashi Nath Kapoor
Judges:
05 September, 1947·7. AS mentioned above, the defendant Board has come up in appeal against the portion of the claim decreed and cross-objections have been filed on behalf of the plaintiff-respondent in respect of the portion of the claim which has been dismissed. 8. Elaborate arguments have been addressed to us by th...
High Court Of Judicature at Allahabad
Chief Inspector Of Stamps vs Anjuman Islamia Ltd.
Judges:
03 September, 1947·(c) Pendente lite and future mesne profits at the rate of Rs. 28 per shop may be granted. 2. Inter alia, the defendant contended that (the court-fee paid was insufficient. The Inspector of Stamps also objected that the court-fee paid was insufficient. His contention was that the two reliefs for arre...
High Court Of Judicature at Allahabad
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