Allahabad Court April 1908 Judgments
Ram Bilas and anr. Vs. Lal Bahadur and ors.
Court: Allahabad
Decided on: Apr-03-1908
Reported in: (1908)ILR30All311
John Stanley, C.J.1. The defendants respondents 2 and 3 were agricultural tenants of the plaintiffs, residing in the village of Bilsanda, and as such tenants occupied the house in the village which is the subject-matter of this litigation. This I take to be the finding of the lower appellate Court. The argument before that Court appears to me to have proceeded on the assumption that the vendors were such tenants of the zamindar, and the question was whether or not a custom which was set up, and to which I shall presently refer, was a binding custom. The defendants respondents 2 and 3 sold the house in question to the defendant No. 1 together with the site, The zamindara took exception to the sale of the site and instituted the suit out of which this appeal has arisen for possession of the site of the house. The defence set up was that according to custom the tenants of the village were entitled to appropriate and sell not merely the materials of their houses in the abadi of the village...
Tag this Judgment!Chand Mal Vs. Phul Chand and anr.
Court: Allahabad
Decided on: Apr-02-1908
Reported in: (1908)ILR30All252
John Stanley, C.J. and William Burkitt, J.1. The question involved in this appeal is one out of the ordinary course. On the 18th of April 1903 one Sheo Ram and another executed two mortgages in favour of the defendants Phul Chand and Gulab Chand to secure the principal sums of Rs. 1,000 and Rs. 6,000 respectively. It has been found that only Rs. 2,135-11 were paid by the mortgagees and that the remainder is unpaid. Some creditors of the mortgagors obtained a money decree against them and in execution of that decree proceeded to attach what they described as the right of the mortgagors to receive the balance of the mortgage money and put this up for sale. This so-called right was purchased by the plaintiff on the 25th of November 1903. The suit out of which this appeal has arisen was then instituted by the plaintiff against the mortgagees for recovery of the amount alleged to be due by them and a decree for portion of the amount claimed was passed in favour of the plaintiff. The present...
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