Allahabad Court May 1909 Judgments
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Damber Singh Vs. Srikrishn Dass
Court: Allahabad
Decided on: May-04-1909
Reported in: (1909)ILR31All445
Richards and Alston, JJ.1. The facts out of which this application in revision arises are shortly as follows: The plaintiffs instituted a suit in the Revenue Court. That court was of opinion that the suit was not cognizable by it and accordingly dismissed the suit. The plaintiff appealed to the District Judge who seems to have been of opinion that the decision of the court of first instance was correct and that the suit was not a suit cognizable by a Revenue Court. However, under the provisions of Sections 196 and 197 of the Agra Tenancy Act he made a decree in favour of the plaintiff. The plaintiff applied to the Assistant Collector of the first class for execution of the decree. The Assistant Collector refused the application. The present application in revision to us is against such refusal. The reason that the application is made by way of revision is because no appeal lies. Section 177 of the Agra Tenancy Act deals with appeals to the District Judge. That section certainly does no...
Debi Prashad Vs. Stanley Ray
Court: Allahabad
Decided on: May-04-1909
Reported in: 2Ind.Cas.223a
1. The facts out of which this application in revision arises are somewhat peculiar. On the 16th of April 1908, a petition under Act No. III of 1907, was prepared for presentation. The petition is addressed to the District Judge, Cawnpore, but there does not appear to be any order by the District Judge transferring the insolvency petition to any Court, and the first order on it is one by the Judge of the Court of Small Causes at Cawnpore, on the 21st of April 1908, ordering the petition to be registered. On the 2nd of Way 1.908, the same Judge, that is, the Small Cause Court Judge, directed notices to issue, and on the 20th of June, the petitioner was adjudicated insolvent. On the 28th of July 1908, an appeal was presented against the order of adjudication, and on the 17th August 1908, the appeal was dismissed. The grounds of appeal all dealt with the merits of the case. There was no ground of appeal complaining of any irregularity in the Court of first instance or any want of jurisdic...
Thakur Damber Singh Vs. Lala Sri Kishun Das
Court: Allahabad
Decided on: May-04-1909
Reported in: 2Ind.Cas.377
1. The facts out of which this application in revision arises are shortly as follows. The plaintiff instituted a suit in the Revenue Court. That Court was of opinion that the suit was not cognizable by it and accordingly dismissed the suit. The plaintiff appealed to the District Judge who seems to have been of opinion that the decision of the Court of first instance was correct and that the suit was not a suit cognizable by a Revenue Court. However, under the provisions of Sections 196 and 197 of the Agra Tenancy Act he made a decree in favour of the plaintiff. The plaintiff applied to the Assistant Collector of the first class for execution of the decree. The Assistant Collector refused the application. The present application in revision to us is against such refusal. The reason that the application is made by way of revision is because no appeal lies. Section 177 of the Agra Tenancy Act deals with appeals to the District Judge. That section certainly does not give an appeal against ...
Najmun-nissa Vs. Amna Bibi and ors.
Court: Allahabad
Decided on: May-03-1909
Reported in: (1909)ILR31All382
Banerji and Tudball, JJ.1. This appeal arises out of an application for execution of a decree by the respondent Musammat Najm-un-nissa Bibi, who has obtained a decree for dower against the other heirs of her deceased husband. The decree is dated 16th August 1904. In execution of that decree she has attached some 21 villages in the hands of the judgment-debtors appertaining to taluqa Ganeshpur. The judgment-debtors have objected to this attachment on the ground that the property constitutes a political pension within the meaning of Section 266(g) of the Code of Civil Procedure of 1882. The lower court has held against them and they have come on appeal to this court.2. The sole question for decision is whether the property attached can be considered to be a political pension within the meaning of Section 266(g) of the Code.3. The parties are the descendants of one Kadir Bakhsh, a Pindari Chief, who in the earlier part of the nineteenth century was granted by the Government of India a pen...
Musammat Lachmina Kuer Vs. Sampat Rai and ors.
Court: Allahabad
Decided on: May-03-1909
Reported in: 2Ind.Cas.88
1. The facts out of which this appeal arises are shortly as follows. A joint-decree was made against seven persons including Bindeshri Prasad, the husband of the appellant. An application was made for execution of this decree on the 11th of October 1901. A second application was made on the 21st of January 1903. Both of these applications must be taken to have been made against the judgment-debtors other than Bindeshri Prasad or his representative, the appellant. On the 30th of May 1903, an agreement was entered into between the six judgment-debtors and the decree-holders providing for payment of the decree and interest by instalments and providing also that in default of payment of an instalment the money could be realised under the decree. Neither Bindeshri Prasad nor his widow were party to this agreement. On the 14th of July 1905, a third application was made for execution against the judgment-debtors other than the appellant. On the 11th of March 1908, the present application was ...
Musammat Amna Bibi and ors. Vs. Musammat Najmunnissa Bibi
Court: Allahabad
Decided on: May-03-1909
Reported in: 2Ind.Cas.100
1. This appeal arises out of an application for execution of a decree by the respondent Musammat Najmunnissa Bibi, who has obtained a decree for dower against the other heirs of her deceased husband. The decree is dated the 16th of August 1904. In execution of that decree she has attached some 21 villages in the hands of the judgment-debtors appertaining to taluqa Ganeshpur. The judgment-debtors have objected to this attachment on the ground that the property constitutes a political pension within the meaning of Section 266 (g) of the Code of Civil Procedure of 1882. The lower Court has held against them and they have come on appeal to this Court.2. The sole question for decision is whether the property attached can be considered to be a political pension within the meaning of Section 266 (g) of the Code.3. The parties are the descendants of one Kadir Bakhsh, a Pindari chief, who in the earlier part of the nineteenth century was granted by the Government of India a pension of Rs. 4,000...
Dalip Rai Vs. Birnaik Rai and ors.
Court: Allahabad
Decided on: May-01-1909
Reported in: 2Ind.Cas.207
Griffin, J.1. The appellant is a puisne mortgagee of the property in suit and there were two prior incumbrances cm the property. By the mortgage-deed in the appellant's favour the appellant undertook to pay off the two prior mortgages and money sufficient for that purpose was left with him. The first mortgagee brought a suit on his mortgage and obtained a decree. The appellant then paid off the decretal amount on the first mortgage. He did not, however, pay off the second mortgage. The second mortgagee then sued to recover the amount of his mortgage. In this suit the defendant-appellant pleaded that the plaintiff, was bound to repay the defendant the amount paid by him in respect of the first mortgage. The Court of first instance accepted the plea. The lower appellate Court repelled it. The defendant comes hero in second appeal. The question for decision is, does the payment made by the defendant-appellant of the amount of the first mortgage endure to his benefit, that is, can he claim...
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