Allahabad Court December 1908 Judgments
Raghunandan Prasad and ors. Vs. Har Prasad
Court: Allahabad
Decided on: Dec-23-1908
Reported in: (1909)ILR31All166
John Stanley, Kt., C.J. and Banerji, J.1. This appeal arises out of a suit for sale on a mortgage executed on the 25th of May, 1892, by two persons, Umrao and Piare Lal. One of the properties mortgaged is a five biswa share in the village Meadi Khurd. A two-biswa share in that village had been mortgaged to one Ghumi Mal by Piare Lal on the 6th of January, 1890. To this mortgage Shib Lal, the father of Har Prasad, defendant, was also a party. Har Prasad, who was added as a defendant, contended that he had discharged the debt due on the aforesaid mortgage and had thereby acquired a prior oharge on the two biswa share of Piare Lal mortgaged to Ghumi Mal and that the plaintiffs were bound to pay the amount which he, Har Prasad, had paid to Ghumi Mal before they could bring to sale a two-biswa share of the village Meadi Khurd. This contention was overruled by the court below on two grounds: first that if Har Prasad discharged the prior mortgage he did not thereby acquire a charge on the pro...
Tag this Judgment!Har Prasad Vs. Raghunandan Prasad and ors.
Court: Allahabad
Decided on: Dec-23-1908
Reported in: 1Ind.Cas.825
1. This appeal arises out of a suit for sale on a mortgage executed on the 25th of May, 1892, by two persons, Umrao and Piare Lal. One of the properties mortgaged is a 5 biswa share in the village Meadi Khurd. A two biswa share in that village had been mortgaged to one Ghumi Mal by Piare Lal on the 6th of January 1890. To this mortgage Shib Lal, the father of Har Prasad defendant, was also a party. Har Prasad, who was added as a defendant, contended that he had discharged the debt due on the aforesaid mortgage and had thereby acquired a prior charge on the two biswa share of Piare Lal mortgaged to Ghumi Mal and that the plaintiffs were bound to pay the amount which he, Har Prasad had paid to Ghumi Mal, before they could bring to sale a two biswa share of the village Meadi Khurd. This contention was overruled by the Court below on two grounds: first that if Har Prasad discharged the prior mortgage he did not thereby acquire a charge on the property of Piare Lal, and second that even if ...
Tag this Judgment!Kaunsilla Vs. Gajadhar and anr.
Court: Allahabad
Decided on: Dec-22-1908
Reported in: (1909)ILR31All161
Banerji, J.1. The question in this appeal is whether a Hindu widow, who according to the custom of her caste is allowed to re-marry, forfeits upon remarriage her right to the maintenance decreed to her against the estate of her first husband.2. The plaintiff, Musammat Kaunsilla, belongs to the caste of Halwais or confectioners. She was first married to one Sahtu and in 1881 brought a suit against him and transferees from him for her maintenance. On the 6th of September 1881 a decree was passed in her favour fixing Rs. 5 a month as her maintenance, which was declared to be a charge on the estate of her husband in the possession of certain donees from him. The husband died subsequently, but the transferees of the property continued to pay her the maintenance decreed to her. In 1905 she married a second time and thereupon the defendants who are in possession of the property refused to pay the maintenance. She accordingly brought the present suit for recovery of arrears of maintenance by s...
Tag this Judgment!Ganga Dayal Vs. Mani Ram and ors.
Court: Allahabad
Decided on: Dec-22-1908
Reported in: (1909)ILR31All156
Richards and Griffin, JJ.1. This was a suit to recover possession of certain zamindari property. The plaintiffs are the sons of one Baji Lal, who died on the 19th of August 1884. After his death, his widow, Musammat Parbati, was appointed guardian of the persons and property of the plaintiffs, who were then minors. An application was then made to the court for leave to sell a 5 anna 4 pie share in the village and a 7 anna 4 pie share in another village. The District Judge sanctioned this sale on the terms that the defendant No. 1 in this suit, Mani Ram, should give a clear receipt for all that was due to him. The consideration for the sale was to be Rs. 8,400. Instead of carrying out this sale, a sale of a totally different nature was made. The property sold AVUS not the same property which the Judge did give permission to sell, and instead of the minors' getting a clear receipt for all debt that was due to Mani Ram, a sum of Rs. 1,000 only was placed to their credit. It would appear t...
Tag this Judgment!Musammat Kaunsilla Vs. Gajadhar and anr.
Court: Allahabad
Decided on: Dec-22-1908
Reported in: 1Ind.Cas.761
Banerji, J.1. The question in this appeal is whether a Hindu widow, who according to the custom of her caste is allowed to re-marry, forfeits upon re-marriage her right to the maintenance decreed to her against the estate of her first husband.2. The plaintiff, Musammat Kaunsilla, belongs to the caste of Halwais or confectioners. She was first married to one Sahtu and in 1881 brought a suit against him and transferees from him for her maintenance. On the 6th of September 1881 a decree was passed in her favour fixing Rs. 5 a month as her maintenance which was declared to be a charge on the estate of her husband in the possession of certain donees from him. The husband died subsequently, but the transferees of the property continued to pay her the maintenance decreed to her. In 1905 she married a second time and thereupon the defendants who are in possession of the property refused to pay the maintenance. She accordingly brought the present suit for recovery of arrears of maintenance by s...
Tag this Judgment!Ganga Dayal and anr. Vs. Mani Ram and ors.
Court: Allahabad
Decided on: Dec-22-1908
Reported in: 1Ind.Cas.824
1. This was a suit to recover possession of certain zamindari property. The plaintiffs are the sons of one Baji Lal, who died on the 19th of August, 1884. After his death, his widow, Musammat Parbati, was appointed guardian of the person and property of the plaintiffs who were then minors. An application was then made to the Court for leave to sell a 5 anna 4 pie share in one village and a 7 anna 4 pie share in another village. The District Judge sanctioned this sale on the terms that the defendant No. 4 in the suit, Mani Ram, should give a clear receipt for all that was due to him. The consideration for the sale was to be Rs. 8,400. Instead of carrying out this sale, a sale of a totally different nature was made. The property sold was not the same property which the Judge did give permission to sell, and instead of the minor's getting a clear receipt for all debt that was due to Mani Ram, a sum of Rs. 1,000 only was placed to their credit. It would appear that Mani Ram and the defenda...
Tag this Judgment!Chandan Singh and anr. Vs. Robert Skinner and
Court: Allahabad
Decided on: Dec-21-1908
Reported in: (1909)ILR31All247
John Stanley, Kt., C.J. and Banerji, J.1. The suit out of which this appeal has arisen was a suit for the redemption of a mortgage, dated the 21st of April 1847, stated to have been executed in favour of certain members of the Skinner family to secure a sum of Rs. 6,288. On payment of this sum the property was according to the evidence to be redeemable. The plaintiffs are admittedly some of the heirs of the mortgagors and entitled to redeem if they can establish that the property is in the possession of the defendants mortgagees as mortgagees by virtue of the alleged mortgage. The learned Subordinate Judge of Meerut after consideration of the evidence adduced in support of the plaintiff's case passed a decree for redemption. From this decree the present appeal has been preferred and the only question before us is as to the sufficiency of evidence adduced for the plaintiffs in proof of alleged mortgage.2. Their Lordships then discussed the evidence and proceeded.3. It appears that in th...
Tag this Judgment!Robert Skinner and ors. Vs. Chandan Singh and ors.
Court: Allahabad
Decided on: Dec-21-1908
Reported in: 2Ind.Cas.215
1. The suit out of which this appeal has arisen was a suit for the redemption of a mortgage, dated the' 21st of April 1847, stated to have been executed in favour of cerium members of the Skinner family to secure a sum of Rs. 6,288. On payment of this sum the property was according to the evidence to be redeemable. The plaintiffs are admittedly some of the heirs of the mortgagors and entitled to redeem if they can establish that the property is in the possession of the defendants-mortgagees as mortgagees by virtue of the alleged mortgage. The learned Subordinate Judge of Meerut after consideration of the evidence adduced in support of the plaintiff's case passed a decree for redemption. From this decree the present appeal has been preferred and the only question before us is as to the sufficiency of evidence adduced for the plaintiffs in proof of the alleged mortgage. * * *2. It appears that in the year 1833 a settlement of the property in question with other property was made under th...
Tag this Judgment!Kali Charan Mukerji Vs. Emperor
Court: Allahabad
Decided on: Dec-18-1908
Reported in: 2Ind.Cas.154
1. Kali Charan Mukerji has been convicted on four charges under Section 506 and Section 507, Indian Penal Code, and sentenced to nine months' rigorous imprisonment, and a fine of Rs. 75 on each charge. The sentences were to run concurrently. Two letters were delivered in Simla on the 25th of June last. They were enclosed in the same envelope. One of the letters is headed 'The Lord Minto Governor General India,' and the other 'the Harvie Edmison tyrant European.' The covering envelope is addressed Mr. Edmisin Esqr., Simla.' The letters are undoubtedly of a threatening nature. It is, however, unnecessary, in the view we take of the evidence, to refer at any great length to their contents. The post-mark shows that the letters must have been posted in Aligarh on the 22nd of June.2. The charge against the accused is that he was the writer and sender of these letters. In consequence of the post-mark the letters were sent to the police authorities at Aligarh. The Superintendent of Police look...
Tag this Judgment!Behari Bharthi Vs. Bhagwan Gir and ors.
Court: Allahabad
Decided on: Dec-16-1908
Reported in: (1909)ILR31All114; 1Ind.Cas.162
Richards and Griffin, JJ.1. It appears that the decree-holders held a mortgage decree as well as a simple money decree against the same judgment-debtors. An application was made for the attachment and sale of the mortgage property in execution of the money decree. The property was attached, but no sale took place. The decree holders then applied to sell the property in execution of the mortgage decree, which was a decree absolute for sale of the mortgaged property. While these proceedings were pending and before the sale was held, the court was asked to sell the property for the realization of the amounts of both the decrees. The property was then sold and was purchased by the appellant, who was not a party to either of the decrees. An application was then made by the judgment debtors to set aside the sale. The court below was of opinion that the sale was null and void on account of the order for sale to realize the amount of both the decrees. The court below seems to have been of opin...
Tag this Judgment!- ‹ Prev
- 2
- 3
- 4
- Next ›
- Last »