Allahabad Court February 1911 Judgments
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Durga Dutt and anr. Vs. Musammat Gita and ors.
Court: Allahabad
Decided on: Feb-01-1911
Reported in: 9Ind.Cas.498
1. One Biddya Ram died possessed of a 20 biswas mahal in mouza Sarah Basaulia and also a house and two enclosures, situated in the same village. He died about 30 years ago leaving two widows, namely, Mussammat Gita and Mussammat Mulo, who thereupon became entitled to his property to the extent of Hindu widows estates. Musammat Mulo on the 7th of February 1908 executed a deed of gift of her entire share in the property in favour of the plaintiffs. The plaintiffs applied in the Revenue Court for mutation of names in respect of the zemindari property and also sought delivery of possession of a share in the house by partition. Musammat Gita objected to the mutation applied for and refused to deliver up possession of any portion of the house or to allow partition of it. It is stated and not denied that Mussammat Gita also executed a deed of gift in favour of the defendant Sri Ram not merely of her share of the property but of the entire zemindari property and the house and its enclosures.2....
Arthur Barber Vs. Badri NaraIn Rai and ors.
Court: Allahabad
Decided on: Feb-01-1911
Reported in: 9Ind.Cas.813a
Banerji, J.1. In my judgment the decision, of the lower Appellate Court cannot be supported. The suit was one for the removal of a ridge (khain) built by the defendant to the north of an osara built by the plaintiffs some years ago. To the north of the plaintiffs' house lies a plot of land No. 412 of old measurement; now corresponding to No. 497. The defendant is the mortgagee of this land. He brought a suit against the present plaintiffs claiming possession of a portion of plot No. 412 and for the demolition of the osara built by the present plaintiffs to the north of their house. It was alleged in that suit that the site of the osara was a part of plot No. 412 of which the defendant is the mortgagee. The defence to that suit was that the pre sent plaintiffs, who were then defendants, were in adverse possession of the land claim et and that the osara had been built with the consent and acquiescence of the then plaintiff. The Court found that the land belonged to the mortgagor of the p...
L. Payne and Co. Vs. Brahmdeo and anr.
Court: Allahabad
Decided on: Feb-01-1911
Reported in: 9Ind.Cas.800
Tudball, J.1. This appeal arises out of an application for execution of a decree. The appellant company obtained a decree on the 13th of May 1908 against one Hafiz Karim Bakhsh. This was a simple money-decree Hafiz Karim Bakhsh had on the 19th August 1904 obtained a decree for sale upon a mortgage against the respondents Bharamdeo and Bachcha Rai. On the 24th: of August 1907 he obtained an order absolute and then died. On the 5th of April 1909 an application for execution of that decree was made in due form in the name of Musammat Kariman Bibi, the widow of Hafiz Karim Bakhsh She filed no succession certificate and the Court called upon her to offer proof of heirship and demanded the necessary fees. Default was made and the application was ordered to be returned to her. It was not, however, returned but remained on the record. After this, the appellant company attached that decree in execution of its own decree against Hafiz Karim Bakhsh and proceeded to put the mortgage-decree into ex...
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