Allahabad Court April 1909 Judgments
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Kamta Prasad and anr. Vs. Saiyed Ahmad and anr.
Court: Allahabad
Decided on: Apr-23-1909
Reported in: (1909)ILR31All373
Banerji and Tudball, JJ.1. This appeal arises out of an application for a decree under Section 90 of the Transfer of Property Act. The appellants held two mortgages over the same property and brought two separate suits on the basis of those mortgages. They obtained two decrees, one on the 13th December 1901, and the other on the 2nd of March 1903, The decree first mentioned was made absolute on the 28th of June 1902, and in execution of it the property comprised in the mortgage was sold and the decree-holders themselves purchased it for Rs. 6,800. The decree upon the first mortgage was satisfied and the surplus of the sale proceeds discharged the amount of the second decree in part. A balance of Rs. 321-10-7 was left unsatisfied and it is for the realisation of this balance that the present application for a decree under Section 90 was made.2. The court of first instance allowed the application. The lower appellate court dismissed it, and the order of that court was affirmed by the lea...
Kamta Prashad and anr. Vs. Syed Ahmad and anr.
Court: Allahabad
Decided on: Apr-23-1909
Reported in: 1Ind.Cas.799
1. This appeal arises out of an application for a decree under Section 90 of the Transfer of Property Act. The appellants held two mortgages over the same property and brought two separate suits on the basis of those mortgages. They obtained two decrees, one on the 13th of December 1901, and the other on the second of March 1903. The decree first mentioned was made absolute on the 28th of June 1902 and in execution of it the property comprised in the mortgage was sold and the decree-holders themselves purchased it for Rs. 6,800. The decree upon the first mortgage was satisfied and the surplus of the sale proceeds discharged the amount of the second decree in part. A balance of Rs. 331-10-7 was left unsatisfied and it is for the realization of this balance that the present application for a decree under Section 90 was made.2. The Court of first instance allowed the application. The lower appellate Court dismissed it and the order of that Court was affirmed by the learned Judge of this C...
Genda Lal Vs. Rustum Singh
Court: Allahabad
Decided on: Apr-23-1909
Reported in: 1Ind.Cas.975
Karamat Hussain, J.1. The plaintiff instituted a suit for a share of profits against the lambardar. The plaintiff held 40 bighas 17 biswas of sir land the farzi rent of which was entered in the Revenue papers as Rs. 40-10-8. Before the Court of first instance the Revenue agents of the parties agreed that the proper rent for the sir land held by the plaintiff should be calculated at the rate of Rs. 5 per bigha. The remarks of the first Court on this point are in the following terms:2. 'The parties did not object to this at first and with the consent of Revenue agents on both sides. I take Rs. 5 as the proper rate to apply in this case for 'sir' and exproprietary tenure.' On taking account at that rate the Court of first instance found that nothing was due to the plaintiff and dismissed the suit. The plaintiff appealed and the learned District Judge was of opinion that farzi entry in the Revenue papers was the rent which was to be assumed as the rent when the village accounts were settle...
Phul Chand Vs. Jodha and ors.
Court: Allahabad
Decided on: Apr-23-1909
Reported in: 2Ind.Cas.627
Richards, J.1. This was a suit for declaration that a certain mortgage by a Hindu widow and her daughters will only bind the estate during the widow's life-time. The mortgage was made in favour of the defendant appellant Phul Chand. Musammat Kokla and Musammat Tulsha are the two daughters of Musammat Harko who made the mortgage. Mussammat Harko is the widow of one Hardeo, and Musammat Kokla and Musammat Tulsha are the daughters of Hardeo. They are described in the plaint as married women, and it is admitted that after the death of Musammat Harko the property will go to Mu-sammat Kokla and Musammat Tulsha and the survivor of them, and if either of them has male issue, the property will go to such issue. The Court below finds that there was Government revenue due. It also finds that Phul Chand caused the money which he lent to be paid into the Tahsil Treasury. On the other hand the Court distinctly finds that there was no legal necessity, that Phul Chand knew that Musammat Harko could ha...
Bulaki Das Vs. the Secretary of State for India in Council and ors.
Court: Allahabad
Decided on: Apr-21-1909
Reported in: (1909)ILR31All371; 1Ind.Cas.896
John Stanley, Kt., C.J. and Banerji, J.1. We think that the decision of the learned Additional Judge of Moradabad, from which this appeal is preferred, is correct, The plaintiff sued for a declaration that he is entitled to build a temple on a site in Moradabad. In a sarai in that city there is a Chabutra with an image of the god Mahadeo. It is said that there was formerly a kuohha temple upon this site which had fallen into ruin and that the plaintiff was desirous of restoring it. He applied to the Municipal Board on the 3rd of August 1905, for permission to build a temple on the Chabutra and his application was granted send the building was commenced. Later on, however, some Muhammadan members of the community protested against the building and, in consequence, the District Magistrate on the 6th of February 1906 cancelled the order of the Board in favour of the plaintiff, purporting to act under the provisions of Section 183 of the Municipalities Act, Act I of 1900. The order of the ...
Moti Lal Vs. Bhagwan Das and ors.
Court: Allahabad
Decided on: Apr-20-1909
Reported in: (1909)ILR31All443
John Stanley, Kt., C.J. and Banerji, J.1. The respondent Bhagwan Das obtained a money decree against Shiam Lal, Mulchand, Sardar Singh and Puran Chand and in execution of that decree caused a house to be attached. That house had been sold to the plaintiff by the guardian of the minors, judgment-debtors, on the 9th of June 1904. The suit out of which this appeal has arisen was brought by the purchaser Moti Lal for a declaration that the house in question was not liable to sale in execution of the decree held by Bhagwan Das against his judgment-debtors. The court of first instance found that the sale in favour of the plaintiff was a real transaction but that Rs. 417 out of the consideration remained unpaid and therefore the vendors bad a lien on the house for the aforesaid amount of purchase money. It made a decree declaring the sale to be genuine but it further declared that the decree-holder was entitled to realise Rs. 417, the unpaid purchase money by sale of the house. This decree ha...
Jamna Das Vs. Ramautar Pande
Court: Allahabad
Decided on: Apr-20-1909
Reported in: 2Ind.Cas.460
Richards and Griffin, JJ.1. This appeal arises out of a suit to enforce a mortgage and an application by the decree-holder for a decree under Section 90 of the Transfer of Property Act. On the 6th of June 1893, a mortgage was executed by Musammat Lakhpati Kuar in favour of Jamna Das. The money was recoverable in 10 years. The mortgage deed contains sundry provisions providing for earlier realisation of the money secured in certain events. The property mortgaged was partly zamindwri property and partly mortgagee rights in zamindari property. The principal amount was the sum of Rs. 40,000. On the 24th of November 1S96, the mortgagor sold the entire mortgaged property to the defendant, Pandit Ramautar Pande, for the sum of Rs. 44,000, out of which Rs. 4,000 only passed and the balance was left in the hands of Pandit Ramautar Pande for payment of the mortgage-money due to Jamna Das. On the 9th of February 1900, Jamna Das sued for sale of the mortgaged property and for a personal decree in ...
William Arthur Forshaw Vs. Eunice Geraldine Forshaw
Court: Allahabad
Decided on: Apr-17-1909
Reported in: (1909)ILR31All511
John Stanley, Kt., C.J., Richards and Griffin, JJ.1. This matter comes before us on a reference under Section 17 of the Indian Divorce Act for the purpose of having a decree for the dissolution of the marriage of the petitioner William Arthur Forshaw and his wife Eunice Geraldine Forshaw confirmed. The ground upon which the petitioner sought for a dissolution of his marriage is the adultery of his wife with the co-respondent, one lanes. It appears that in the course of the proceedings the wife was examined and she admitted the adultery. Upon this admission coupled with a letter received from her, the court below found that adultery was proved and passed a decree for dissolution of the marriage. We have no reason on reading the evidence before us to come to the conclusion that the petitioner connived at the adultery or was accessory to it, but at the same time we do not think that the case was so thoroughly investigated in the court below as is required or was intended by the legislatur...
Moti Lal Vs. Bhagwan Das and ors.
Court: Allahabad
Decided on: Apr-17-1909
Reported in: 3Ind.Cas.497
1. The respondent, Bhagwan Das, obtained a money-decree against Shiam Lal, Mulchand, Sardar Singh and Puran Chand and in execution of that decree caused a house to be attached. That house had been sold to the plaintiff by the guardian of the minors, judgment-debtors, on the 9th of June 1904. The suit out of which this appeal has arisen was brought by the purchaser Moti Lal for a declaration that the house in question was not liable to sale in execution of the decree held by Bhagwan Das against his judgment-debtors. The Court of first instance found that the sale in favour of the plaintiff was a real transaction but that Rs. 417 out of the consideration remained unpaid and, therefore, the vendors had a lien on the house for the aforesaid amount of purchase-money. It made a decree declaring the sale to be genuine but it further declared that the decree-holder was entitled to realise Rs. 417, the unpaid purchase-money by sale of the house. This decree has been affirmed by the lower appell...
William Arthur Forshaw Vs. Eunice Geraldine Forshaw and anr.
Court: Allahabad
Decided on: Apr-17-1909
Reported in: 3Ind.Cas.969
1. This matter comes before us on a reference under Section 17 of the Indian Divorce Act for the purpose of having a decree for the dissolution of the marriage of the petitioner, William Arthur For shaw and his wife Eunice Geraldine Forshaw confirmed. The ground upon which the petitioner sought for a dissolution of his marriage is the adultery of his wife with the co-respondent, one Innes. It appears that in the course of the proceedings the wife was ex.-. amined and she admitted the adultery. Upon this admission coupled with a letter received from her, the Court below found that adultery was proved and passed a decree for dissolution of the marriage. We have no reason on. reading the evidence before us to come to the conclusion that the petitioner connived at the adultery or was necessary to it, butat the same time we do not think that the case was so thoroughly investigated in the Court below as is required or was intended by the legislature It does not appear that the Court below cr...
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