Panchaiti Akhara Maha Nirvani vs Bindeshri Prasad And Ors.
Judges: W Ullah, S Saran
30 March, 1950·14. I now proceed to discuss the rulings to which our attention has been invited in the course of arguments. In the case of Baja Bam v. Raja, Bakhsh Singh, A. I. R. (29) 1938 P. C. 7 : (13 Luck. 61), the facts were these. A mortgage deed was executed by two persons named Badri Singh and Chandika Sin...
High Court Of Judicature at Allahabad
Mt. Anganyan And Ors. vs Gurdat Singh And Ors.
Judges: P Bhargava
30 March, 1950·6. In order to be effective, and to give a fresh start for computation of limitation, the delivery of possession, under a decree for possession over immovable property, must have been effected in the manner provided by law; that is, in accordance with Rules 35 and 36 of Order 21, Civil P. C. Sub-rul...
High Court Of Judicature at Allahabad
Niranjan Lal Ram Chandra vs Ram Swarup Bhagwan Singh And Anr.
Judges: Agarwala
29 March, 1950·Rs. 30 spent on wages of a mechanic. Rs. 250 on account of loss on account of the lorry remaining idle for a month. Rs. 555 on account of depreciation caused to the lorry They further held that defendants 1 and 2 were both liable. The suit was, therefore, decreed for recovery of Rs. 1300 against def...
High Court Of Judicature at Allahabad
Ram Narain vs Salig Ram And Ors.
Judges: Agarwala
29 March, 1950·4. It is to be observed that although the amount due to a co-operative bank is realisable as arrears of land revenue, it was not a charge on the house which was sold. The sale was obviously held under the provisions of Section 162, Land Revenue Act. It runs as follows: 162. (1)--."If an arrear canno...
High Court Of Judicature at Allahabad
Shiam Sunder vs L. Pratap Chandra
Judges: Misra, G Hasan
29 March, 1950·2. Shiam Sundar's suit was instituted on 11-4-1942 and the preliminary decree was passed on 28-11-1942. The application for preparation of the final decree was preferred on 1-5-1943, and on 11-5-1943, a Commissioner was appointed by the learned Munsif South Lucknow, for evaluating the surplus partne...
High Court Of Judicature at Allahabad
Avadesh Bahadur Singh And Anr. vs Mt. Ram Raj Kuar And Anr.
Judges: G Hasan, Kidwai
28 March, 1950·3. The trial Court held that the alleged custom o! exclusion of daughters was not proved : that the suit was within limitation : that only Rs. 575 14-0 out of the consideration of the sale deed were justified by legal necessity : and that the suit was not barred by Section 11, Encumbered Estates Act...
High Court Of Judicature at Allahabad
Bhilloo Pandey vs Mt. Sheoraji And Ors.
Judges: Agarwala
28 March, 1950·2. Various defences were raised; one of them being that the plaintiffs were barred by the doctrine of acquiescence and estoppel. The trial Court found that part of the land in suit which belonged to plaintiffs 3 to 5 was undoubtedly encroached upon by the defendant-appellant in constructing the hous...
High Court Of Judicature at Allahabad
B. Govind Raj Sewak Singh And Anr. vs Bebhuti Narain Singh (Minor)
Judges: Agarwala
28 March, 1950·2. The judgment-debtors are alleged to be agriculturists and their protected land could not be sold under the provisions of Section 17, U. P. Debt Redemption Act. Section 13 of the Act provides an exception in favour of a bank. Both the Courts below have held that the loan in this case was advanced ...
High Court Of Judicature at Allahabad
Gur Prasad vs Habib Hasan And Anr.
Judges: Chandiramani
24 March, 1950·4. The trial Court held that both the plaintiffs and their father were agriculturists within the meaning of the Debt Redemption Act. It held that Rs. 1374 had been spent on new constructions. It held that the defendant was entitled to recover Rs. 6 per year on account of repairs. On account being ta...
High Court Of Judicature at Allahabad
Bhola vs Lachman
Judges: R Dayal
24 March, 1950·"Accordingly a notice Under Section 133, Criminal P. C., was issued in the Court of Sub-Divisional Magistrate, Data Ganj against Bhola on 23rd April 1948, calling upon him to remove the obstruction. The notice was served, and the accused appeared in the Sub-Divisional Magistrate's Court on 29th May ...
High Court Of Judicature at Allahabad
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