Mt. Radha Kunwar vs Ram Narain And Ors.
Judges: Malik, M Ahmad
23 December, 1949·3. The aforesaid D. Hs., it appears, stood in need of money, & as they had not been able to recover the amount of their decree from the J. D. by that time, they made a suggestion that their decree might be purchased by the Trust represented by pltf. 1. Accordingly, on 7-11-1932, a sale deed was exec...
High Court Of Judicature at Allahabad
Zahinuddin Husain vs Chokhey Lal And Ors.
Judges: W Ullah, S Saran
22 December, 1949·6. Next the learned counsel has contended that a beneficiary's right merely amounts to a "right to future maintenance" and, as such, it is not transferable under Section 6(dd), T. P. Act. In this connection reference has also been made to Section 60(1)(n), Civil P. C. which declares that a "right to...
High Court Of Judicature at Allahabad
Mt. Chandi Devi vs Deoki Nandan And Ors.
Judges: Malik, B B Prasad
22 December, 1949·"I had already performed the first demand & that I was the pre-emptor & am performing the second demand & am ready to pay the price & that the witnesses were to bear testimony to the above facts." To the same effect is the evidence of Badhey Shyam & Kanhai, the two persons who went along with him at...
High Court Of Judicature at Allahabad
Durga Prasad vs Dalpat Ram And Ors.
Judges: Agarwala, R Dayal
21 December, 1949·The first point, as already stated, is whether Dalpat Singh was a transferee of a part of the mortgaged property & not of the whole & as such, Section 6 (c) of the said Act could not apply to his case. Reliance has been placed upon the observations made by Malik J., as he then was, in the F. B. case...
High Court Of Judicature at Allahabad
Sm. Radha And Ors. vs Sm. Gulzari And Ors.
Judges: H Chandra
21 December, 1949·The Collector auctioned the property in dispute as that of the debtors on 20-7-1943. Prior to the sale on 8-2-1943 the respondent had presented an application before the :Special Judge under Section 11 to the Act claiming the property in suit as her own. It will be noted that under sub-Section (2) o...
High Court Of Judicature at Allahabad
Ram Kishna vs Ramjanki Shiva Parbati Maharaj ...
Judges: Malik, B B Prasad
20 December, 1949·4. Whether the court fee paid is insufficient ? 5. Is the suit barred by Section 42, Specine Relief Act ? 6. Whether the plaintiffs are members of Nawyuwak Mandal and is it a registered body, if so, what is us effect on the suit ? 7. Are the plaintiffs competent to maintain the suit ? Or is the suit...
High Court Of Judicature at Allahabad
Sm. Safdari Begam vs Ashfaq Husain Khan
Judges: Desai
20 December, 1949·If he decides that neither party was in possession or is unable to satisfy himself as to which of them was in possession, he is empowered to attach the property until a competent Court has determined the rights of the parties thereto. Section 148 permits him to get a local inquiry made where he cons...
High Court Of Judicature at Allahabad
Rupai vs Goshain Ram Charandas
Judges: Waliullah, S Saran
20 December, 1949·2. It appears that Suit No. 88 of 1932 was instituted by Goshain Ram Charan Das against several sets of defendants. By means of this suit the plaintiff claimed recovery of distinct items of property from different defendants on the ground that they belonged to a Math of which he was the rightful Mah...
High Court Of Judicature at Allahabad
Palak Dhari vs Paras Nath
Judges: Mootham
20 December, 1949·2. The relevant facts can be very shortly stated. The appellant applied for the benefit of the United Provinces Encumbered Estates Act, and in due course an order was made by the Collector under Section 6 of that Act forwarding the appellant's application to the Special Judge. Subsequently the respo...
High Court Of Judicature at Allahabad
Fateh Chand vs Daulat Chand
Judges: Malik, B B Prasad
19 December, 1949·(c) That the Court be pleased to direct the removal of the opposite party from his position of the trustee of the said deity and temple. (d) That the Court be pleased to grant any other relief which be proper in the circumstances of the case." A written statement was filed by the respondent in which...
High Court Of Judicature at Allahabad
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