Kaniz Fatma And Anr. vs Syed Amir Ali Kazim
Judges: Wanchoo, Seth
12 August, 1949·6. So far, therefore, as Kaniz Fatma is concerned, she will be entitled to Rs. 450. Out of this sum Rs. 292-8-0 will be deducted for the defence of her husband leaving a balance of Rs. 157-8-0. She will get interest on this amount at the rate of Rs. 6/- per cent. per annum upto the date of the suit ...
High Court Of Judicature at Allahabad
Suraj Bali And Ors. vs Rang Bahadur Singh And Anr.
Judges: Seth
11 August, 1949·3. It is contended on behalf of the defendants that the right to redeem was extinguished by the decree of the year 1907 and further that there is no definite finding by the lower appellate Court to the effect that the claim was within limitation and as such that Court was not justified in rejecting ...
High Court Of Judicature at Allahabad
Lakshmi Lal vs Joshi Girdharji And Anr.
Judges: Malik, Desai
11 August, 1949·The amount of interest that was due on the date of the suit was Rs. 30,080-13-4 and the whole of this was disallowed by the learned Judge. 5. Argument of learned counsel for the appellant is that under Section 30, Sub-section (4) if any amount has been received as interest in excess of interest due ...
High Court Of Judicature at Allahabad
Lachmi Lal And Anr. vs Babu Narain Das And Anr.
Judges: Malik, Desai
11 August, 1949·2. Firm Damodar Lal Manohar Lal did not enter appearance. Modho Lal contested the suit and claimed that he was an agriculturist and the plaintiffs were creditors, and as no accounts were maintained and copies of accounts not sent as required under the U. P. Agriculturists' Relief Act, the plaintiffs...
High Court Of Judicature at Allahabad
Brij Jivan Lal And Anr. vs Shiam Lal And Ors.
Judges: Wanchoo
10 August, 1949·4. The earliest case of this Court is Hamida Bibi v. Ali Husen Khan, 17 ALL. 172 ;(1895 A. w. n. 42, decided by a Bench of two Judges. In that case, the plaintiff had sued for recovery of her dower debt, but died shortly after the filing of the suit. A number of adjournments were allowed for the pur...
High Court Of Judicature at Allahabad
Ram Prasad And Anr. vs Lala Hansraj And Anr.
Judges: Wanchoo
10 August, 1949·2. The facts leading up to this appeal are these. The present appellants had purchased certain property from the respondents. They were unable to pay up the entire purchase price and, in lieu of the unpaid balance, had executed a mortgage in favour of the respondents. The respondents sued on the bas...
High Court Of Judicature at Allahabad
Narain Das Kasaudhan vs Chhotu
Judges: Seth
10 August, 1949·1. The applicant is the owner of certain shops. The opposite party, who was the plaintiff in the Court below, was occupying a shop belonging to the applicant. He instituted a suit purporting to be a suit under Section 5(4), U. P. Ordinance (NO. III [3] :of 1946). He alleged that according to the mun...
High Court Of Judicature at Allahabad
Bhagwati Saran vs Gargi Din And Anr.
Judges: Chandiramani
10 August, 1949·2. It would appear that the plaintiff respondent purchased from one Jagannath a certain house by a sale deed dated 9th March 1908. The eastern boundary, which is material for purposes of the appeal, was described as "deewar makan haza mulhiq ba bagh." The plaintiff gifted this house to his wife. The...
High Court Of Judicature at Allahabad
Chief Inspector Of Stamps vs Brij Raj Singh
Judges: Seth
09 August, 1949·1. This is a revision by the Chief Inspector of Stamps under Section 6B, Court Fees Act. A suit was brought for maintenance by a widow (sic) under forma pauperis and no court-fee was paid. The defendant husband appealed to the lower appellate Court. He paid court-fee on the amount payable for one ye...
High Court Of Judicature at Allahabad
Central Bank Of India vs L. Narendrapal
Judges: Seth
09 August, 1949·1. This is a defendant's application arising out of a suit under Section 5 (4), U. P. Temporary Control of Rent and Eviction Act, III [3] of 1947. The premises were let to the defendant Bank by a registered lease some time in the year 1943 at a rent of Rs. 100 per month. The plaintiff claimed that t...
High Court Of Judicature at Allahabad
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