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Jan 08 1937

AmiruddIn and anr. Vs. Panchaiti Akhara Bar a Udasi Nanak Shahi

Court : Allahabad

Decided on : Jan-08-1937

Subject : Civil

Reported in : 169Ind.Cas.181

to the judgment-debtors but that the judgment-debtors only have a non transferable interest in the lands. In the Agra Tenancy Act (Act III of 1926) Section 23 provides in Sub-section (1):The interest of an ex-proprietary tenant, of an occupancy … of rent in the capacity of the landholder of the subtenants within the meaning of Section 3 (6), Agra Tenancy Act. To put the Receiver in such a position undoubtedly implies dispossession of the appellants from their position as

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Dec 18 1929

Mt. Ananti Vs. Chhannu and ors.

Court : Allahabad

Decided on : Dec-18-1929

Subject : Property

Reported in : AIR1930All193; ILR(1929)All501

This being the ordinary state of the law the question is whether there is anything in Section 99, Agra Tenancy Act of 1926, which reverses the well established rule of law described above.9. By Section 230, Agra Tenancy ActAgra Tenancy Act of 1926, which reverses the well established rule of law described above.9. By Section 230, Agra Tenancy Act of 1926, all suits (among others) which fall within the purview of Section 99, Tenancy Act could be

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Dec 21 1950

Jokhu Mal and ors. Vs. Gopi Mal

Court : Allahabad

Decided on : Dec-21-1950

Subject : Tenancy

Acts : Tenancy Law; Agra Tenancy Act, 1926 - Sections 3(3), 7, 14, 35 and 99; Land Revenue Act - Sections 36

Reported in : AIR1952All251

possession on redemption of the mortgage from the mortgagee.5. As the mortgage was executed in 1928 when the Agra Tenancy Act III [3] of 1926, was in force the case is governed by the provisions of that Act. Section … right to recover possession is barred by limitation for recovery of possession of tenancy land under Section 99, Agra Tenancy Act of 1926 was six months.8. Applying these rules to the facts of the present case the position is

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Jun 22 1923

Balgobind Misra and anr. Vs. Sheo Nandan and ors.

Court : Allahabad

Decided on : Jun-22-1923

Subject : Tenancy

Reported in : (1923)ILR45All744

transactions. It was further pleaded that the plaintiffs were precluded under the provisions of Section 9 of the Agra Tenancy Act from saying that the plots were not fixed-rate holdings but zamindari properties; and that there being no custom … evidence that these plots arc other than fixed-rate holdings. Strong reliance is placed on Section 9 of the Agra Tenancy Act and the argument is that so long as the revenue papers have not been actually corrected, the presumption

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Jun 22 1923

Sheo Nandan and ors. Vs. Balgobind Misra and anr.

Court : Allahabad

Decided on : Jun-22-1923

Subject : Land Acquisition

Reported in : 74Ind.Cas.647

transactions, It was further pleaded that the plaintiffs were precluded under the provisions of Section 9 of the Agra Tenancy Act from saying that the plots were not fixed-rate holdings but zemindari properties, and that there being no custom … evidence that these plots are other than fixed-rate holdings. Strong reliance is placed on Section 9 of the Agra Tenancy Act and the argument is that, so long as the Revenue papers have not been actually corrected the presumption

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Mar 09 1943

Ram Raj Singh Vs. Rajendra Singh and anr.

Court : Allahabad

Decided on : Mar-09-1943

Subject : PropertyCivil

Reported in : AIR1943All247

least 1914 and whereby Balkaran Singh has been enjoying exclusive possession of the plot in suit. Section 6, Agra Tenancy Act, (3 of 1926) provides :Sir right is not transferable except (a) by gift of the sir to a … cosharers and without the authority of any local custom or especial contract acted in contravention of Section 194, Agra Tenancy Act, 1901, and therefore the lease is invalid and is of no effect as against the plaintiffs. I may

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Jun 03 1926

Balwant Singh and anr. Vs. Sarabjit and ors.

Court : Allahabad

Decided on : Jun-03-1926

Subject : Property

Reported in : AIR1927All70

a bar to the present suit and that the claim was also barred by Section 167 of the Agra Tenancy Act. The lower appellate Court affirmed that decree but with some reluctance.2. It appears that a suit for the … of a civil Court. But subject to those provisions the suits referred to in Section 167 of the Agra Tenancy Act other than suits between cosharers, are mainly suits intended to regulate the rights of landlords and tenants inter

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Feb 20 1935

Sukhdeo and anr. Vs. Basdeo and ors.

Court : Allahabad

Decided on : Feb-20-1935

Subject : Property

Reported in : AIR1935All594; 157Ind.Cas.1013

rate and occupancy holdings. In support of this contention reliance has been placed on Sections 121 and 230, Agra Tenancy Act, (3 of 1926), and the decisions of this Court, in Sahdeo v. Budhai 1929 All. 571, Bunni Pandey … B of the fourth schedule of the Act. It is clear therefore that since the passing of the Agra Tenancy Act (3 of 1926), such a suit cannot be entertained by the Civil. Court. Prior to the passing of

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Sep 21 1934

Sukhan Singh and ors. Vs. Uma Shankar Misir and ors.

Court : Allahabad

Decided on : Sep-21-1934

Subject : Civil

Reported in : AIR1935All65; 152Ind.Cas.663

Kunwar is not entitled to actual possession as against them, as they became statutory tenants under Section 19, Agra Tenancy Act, because they were admitted as tenants by the Collector, who was then in possession as proprietor. The principal … 144 present no difficulty to my mind and I have no hesitation in holding that, unless Section 19, Agra Tenancy Act, on which reliance is placed by the learned advocate for the appellants, leads to a different conclusion, Section

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Mar 29 2011

Kanhaiya Lal (Dead) and Others Vs. D.D.C.

Court : Allahabad

Decided on : Mar-29-2011

Subject : Property

Acts : U.P. Consolidation of Holdings Act, 1953 - Section 5, 9-A; Agra Tenancy Act - Section 24

Rameshwar had not established his participation in the agricultural operations according to the law then applicable under the Agra Tenancy Act, therefore, he cannot be held to be a cultivator with the other co-sharer and, therefore, his co-tenancy has … the holding to the extent of his share. He further held that in view of the provisions of Agra Tenancy Act, 1926 which were then applicable, the petitioner could not have succeeded unless there was any evidence to prove

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