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Pir Muhammad vs Banno

High Court Of Judicature at Allahabad|05 February, 1880

JUDGMENT / ORDER

JUDGMENT Straight, J.
1. It seems to us that this appeal should prevail. By the bond of 17th December 1866, the property was charged for both principal and interest. The first instalment was payable in three years from the date of the bond with the accumulated interest, and the amount then becoming due would exceed Rs. 100. It was therefore an instrument creating an interest in immoveable property of the value of Rs. 100 and upwards, and under Section 17 of Act XX of 1866 required registration. The present case is analogous to one decided by Pearson, J., and Oldfield, J., in Rajpati Singh v. Ramsukhi Kuar I.L.R. 2 All. 40, and the view we now hold is in accordance with the current of decisions in this Court See Ahmad Bakhsh v. Gobindi I.L.R. 2 All. 216; Karan Singh v. Ram Lal I.L. R. 2 All. 96; and Darshan Singh v. Hanwanta I.L.R. 1 All. 274 to which our attention was called in the course of the hearing. The appeal is decreed with costs, the judgment of the lower Appellate Court reversed and the decree of the Munsif restored.
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Title

Pir Muhammad vs Banno

Court

High Court Of Judicature at Allahabad

JudgmentDate
05 February, 1880
Judges
  • Spankie
  • Straight