Har Sahai And Ors. vs Jugul Kishore And Ors.
Judges: Kidwai
21 March, 1950·1. Whether the decree under execution was included in the list of properties in Encumbered Estates Act case ? 2. Is the decree-holder entitled to execute the decree in this Court ? 3.(a) Is the application within limitation ? (b) Is the judgment-debtor estopped from raising the plea ? (4) Has the qu...
High Court Of Judicature at Allahabad
Baboo And Ors. vs Mt. Kirpa Dai And Anr.
Judges: Agarwala
21 March, 1950·3. The trial Court upheld the defence and dismissed the suit. The lower appellate Court, however, held that, although the plaintiff and the pro forma defendant Shrimati Tejo could not prove that they had half share, the point was concluded by the previous judgment as against the defendants who were ...
High Court Of Judicature at Allahabad
Sri Niwas Tewari vs Baleshwar Prasad Bhagat And Anr.
Judges: V Bhargava
21 March, 1950·1. These two second appeals arise out of two suits brought for recovery of possession of mortgaged property by the mortgagee against the mortgagor, The mortgage in one suit was executed on 10th October 1927 and stipulated that interest would be payable on 30th Jeth every year. A condition was attach...
High Court Of Judicature at Allahabad
Mt. Ram Piari vs Nawab Singh And Ors.
Judges: Agarwala
21 March, 1950·3. In this second appeal the only point is whether on the facts found it can be said in law that the defendants have acquired proprietary title in land by adverse possession for more than 12 years. 4. It is true that prima facie possession is evidence of title. Under Section 110, Evidence Act, where...
High Court Of Judicature at Allahabad
Rup Lal vs Ram Swarup S/O Bachan Lal And Anr.
Judges: Seth
21 March, 1950·JUDGMENT Seth, J. 1. This is a defendant's appeal arising out of a suit for his ejectment from certain premises situate at Chhibramau in the District of Farrukhabad. It appears that during the pendency of the appeal before the lower appellate Court, the provisions of the U. P. (Temporary) Control of...
High Court Of Judicature at Allahabad
Hukum Tej Pratap Singh vs Collector Of Etah In Charge Of ...
Judges: Malik, M Ahmad
20 March, 1950·12. Applying the above principle we have the fact that the testator was a Chauhan Rajput, and the owner of an impartible estate in which. daughters had no right of succession. The testator belonged to a family which was held in the high esteem on account of its decent from Raja Prithviraj and for ge...
High Court Of Judicature at Allahabad
Satish Chandra And Anr. vs Jwala Prasad And Anr.
Judges: Seth
20 March, 1950·As regards a decree-holder who hag purchased at auction sale, his rights are limited to those granted by the Civil Procedure Code in Order 21, Rules 91 and 92, and if the auction sale is confirmed, that becomes res judicata between him and the judgment-debtor and he cannot re-open the matter by the ...
High Court Of Judicature at Allahabad
Lal Madho Singh And Ors. vs Abdul Qaiyum Khan
Judges: Agarwala
20 March, 1950·4. In this appeal it has been urged that so far as the extension in plot No. 181/1 is concerned, it is an improvement and that so far as the extension in plot No. 180 is concerned, the defendants-appellants were entitled to make it under Section 4, U. P. Village Abadi Act In [3] of 1918. 5. Under Se...
High Court Of Judicature at Allahabad
Amir Mohammad Khan And Ors. vs Mohammad Ahsan Khan And Ors.
Judges: Agarwala
17 March, 1950·(2) Whether after the re-sale by the vendees on 10th November 1943, and 18th November 1943, the plaintiffs were entitled to pre-empt the property covered by the two sale-deeds as against Qadir Fatima. (3) Whether the plaintiffs were entitled to the costs of the suit. 7. As regards the first point, I...
High Court Of Judicature at Allahabad
Muhamad Hasan Khan vs L. Bhikhari Lal And Ors.
Judges: Malik, M Ahmad
16 March, 1950·2. Order 47, Rule 1, Civil P. C., is in the these terms. "(1) Any person considering himself aggrieved (a) by a decree or order from which an appeal is allowed, but from which no appeal has been preferred, (b) by a decree or order from which no appeal is allowed, or (c) by a decision on a reference ...
High Court Of Judicature at Allahabad
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