Allahabad Court March 1907 Judgments
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Bhola Nath Vs. Ghasi Ram and ors.
Court: Allahabad
Decided on: Mar-11-1907
Reported in: (1907)ILR29All373
John Stanley, C.J.1. This appeal arises out of a suit for partition instituted by a minor son against his father. In the plaint the plaintiff by his guardian assigned his reason for instituting the suit in paragraphs 8 and 9. He alleges that the defendant Ghasi Ram, wrongfully, in collusion with his brother, caused the name of his nephew Makhan Lal to be recorded in respect of one-third of the property in the village called Surajpur Shahbazpur, although he had no title to or concern with that property. In the succeeding paragraphs he states that Ghasi Ram was the lambardar of the village which I have mentioned and that he wrongfully misappropriates the income of that village. If this allegation be true, it would seem certainly to be for the interests of the minor plaintiff that the property should be partitioned and the interest of the plaintiff be thereby safeguarded. The learned Subordinate Judge, however, has dismissed the suit on the ground that no case of malversation was establis...
Ram Jiawan Ram Vs. Kali Charan Singh and ors.
Court: Allahabad
Decided on: Mar-09-1907
Reported in: (1907)ILR29All429
Richards, J.1. This is an application for revision. The sole ground is that the decree is founded upon the award of arbitrators, and the applicant says that the application for submission to arbitration was not signed by him and that his pleader was not especially authorized in writing to make the application for reference. The facts appear to be as follows: The applicant and his son, one Mathura Ram, were plaintiffs in a suit in the Munsif's Court. They appeared by one pleader. The parties agreed to refer the questions in dispute to arbitration. The application to the Court to order the reference under Section 506 of the Code of Civil Procedure was signed, by the son, Mathura Ram, in person, and the pleader signed on behalf of the present applicant. The vakalat-namah was in general terms. In my judgment it was not sufficient to authorize the pleader to make a valid application, for reference under Section 506. The order for reference was, however, made. The arbitrators entered on thei...
Pirbhu NaraIn Singh Vs. Amir Singh and ors.
Court: Allahabad
Decided on: Mar-07-1907
Reported in: (1907)ILR29All369
Richards, J.1. This appeal arises out of an application made under Section 90 of the Transfer of Property Act. A decree was obtained under Section 88 of that Act directing sale of eleven plots of land. This decree was subsequently made absolute. The decree then went to the Collector for sale of the property. Four out of the eleven plots were sold, and the decree was thereby in part satisfied. The Collector then found that some of the remaining plots, although mentioned in the decree as fixed rate holdings, were in fact occupancy holdings, and that with regard to the other plots the judgment-debtors bad no interest therein. Consequently no further sales were held under the mortgage decree. The decree-holder then applied under Section 90 of the Transfer of Property Act for a decree that the balance of the debt might be recovered from the defendants otherwise than out of the mortgaged property. This application was met by objections that part of the mortgaged property was left unsold, the...
Misri Kunwar Vs. Sham Lal and anr.,
Court: Allahabad
Decided on: Mar-05-1907
Reported in: (1907)ILR29All426
John Stanley, C.J. and William Burkitt, J.1. This appeal and the connected appeal No. 99 of 1905, arise out of suits instituted by the plaintiff Musammat Misri Kunwar for a determination of her rights as to certain property. In the plaint she claimed a declaration that she was in possession of the property in dispute under a partition, but that if the Court found that she was out of possession then that possession might be awarded to her. In the progress of litigation the parties agreed to refer their disputes to the arbitration of one Moti Ram, who is connected with the parties. On or about the 6th of January 1905, the Court received what purports to be an award. Notification of the award was given to the parties, whereupon the defendant Sham Lal filed an objection to the alleged award, stating in his objection that the arbitrator did not investigate the subject-matter of the arbitration; that he did not record any award, but repeatedly asked him (the objector) to have the matter in d...
Janki Bai Vs. Parsotam Rao Tantia and anr. and
Court: Allahabad
Decided on: Mar-04-1907
Reported in: (1907)ILR29All354
John Stanley, C.J. and William Burkitt, J.1. This appeal arises out of a suit for partition of family property brought by one Ram Chandar Rao, who died during its pendency, and is now represented on the record by his widow Musammat Janki Bai. The Court below granted decree in favour of the plaintiff, and against this decree this appeal has been preferred. Ram Chandar Rao was one of the three sons of Nana Narain Rao, deceased, the other sons being Vasudeo Rao and Parsotam Rao. Nana Narain Rao had also two daughters, namely, Sarda Bai, and Rohni Bai. The defendants to the suit are Parsotam Rao, Madho Rao (son of Vasudeo Rao), and Waman Rao, son of Parsotam Rao. Madho Rao has since died. Nana Narain Rao acquired the estate of his father, Ram Chandra Panth, under the will of the latter, dated the 24th of January 1852. This will was disputed by his younger brothers on the ground that a Hindu had no power to make a disposition in the nature of a will of his self-acquired property, and on the...
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