Allahabad Court June 1907 Judgments
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Nathi Mal and anr. Vs. Tej Singh and ors.
Court: Allahabad
Decided on: Jun-04-1907
Reported in: (1907)ILR29All604
Banerji and Aikman, JJ.1. The main question which arises in this appeal is whether the suit brought by the plaintiffs appellants is maintainable having regard to the provisions of Section 233, Clause (k), of the Land Revenue Act No. III of 1901. The facts are as follows: In the village of Khera Buzurg there were two mahals, one known as mahal Naubat Singh and the other as mahal Ganga Bakhsh. In the record of rights of both the mahals the names of the plaintiffs appear as owning 5 biswas in each mahal, the other 5 biswas being entered in the names of the defendants. The plaintiffs alleged that under a partition which took place before the Mutiny their predecessors in title became owners of the whole of the mahal Naubat Singh, although they are recorded as owning only a half; that they have been in exclusive possession of the mahal, and that the defendants have no interest in it. They brought the present suit on the 20th of April 1904 for a declaration that they are the absolute owners o...
Wali-ullah and ors. Vs. Kaniz Fatima
Court: Allahabad
Decided on: Jun-03-1907
Reported in: (1908)ILR30All30
Aikman, J.1. This appeal arises out of a suit brought by the plaintiff Wali-ullah for sale upon a mortgage after redemption of a prior mortgage. It appears that in 1891 the predecessor in title of one Musammat Sadiq-un-nissa made a mortgage in favour of Hakim Waris Ali of the property in suit. On the 18th of January 1897 Sadiq-un-nissa and her husband made a mortgage of the same property in favour of one Ali Jan. In 1900 Hakim Waris Ali brought a suit upon his mortgage, making Ali Jan, the puisne mortgagee, a party to the suit. In that suit Hakim Waris Ali got a decree for sale an opportunity being given both to the mortgagor and to Ali Jan to redeem Waris Ali's mortgage. The mortgage was not redeemed, and an order absolute was passed under Section 89 of the Transfer of Property Act. The respondent, Wali-ullah, now comes into Court alleging that he was the real mortgagee of the mortgage of 1897, and that Ali Jan was his benamidar, and he sues on the strength of his secret title to brin...
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