Allahabad Court December 1913 Judgments
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Durga Prasad Vs. Jagrani Kunwar and ors.
Court: Allahabad
Decided on: Dec-03-1913
Reported in: (1914)ILR36All93
1. In the case of a will reasonable, natural, and proper in its terms, it is not in accordance with sound rules of construction to apply to it those canons which demand a rigorous ecru tiny of documents of which the opposite can be said, namely that they are unnatural, unreasonable or tinged with impropriety.2. On the question whether a will made by a Hindu in which he left all his property, movable and immovable, after the death of his widow, to his sister's son (one of the appellants) to the entire exclusion of the respondent (a remote relation), was genuine as held by the Subordinate Judge, or a forgery as held by the Court of the Judicial Commissioner, there wore concurrent findings of both Courts that the testator had been for years at enmity and on the worst of terms with the respondent, but had regarded the appellant with affection and treated him as his son. The will was found to have been duly executed, and properly attested by respectable servants in the testator's house whom...
Sarju Misr, Bindesra Kunwar and ors. Vs. Badri Kasaundhan
Court: Allahabad
Decided on: Dec-02-1913
Reported in: (1914)ILR36All55
Ryves and Pigoott, JJ.1. The facts of this case as disclosed in the plaint may be concisely stated thus, so far as is necessary for the purpose of this appeal. The plaintiff alleged that he was the next reversioner of one Ramphal, who was a tenant at fixed rates of a certain holding. He died, leaving him surviving his widow and a widow of a pre-deceised son. These ladies continued in po-session of this holding and were entitled to a Hindu widow's estate therein. They then sold the holding to a mahajan, who in turn sold it to the zamindars. Subsequently the widows died. The plaintiff, three years after the death of the last widow, brought this suit in a Civil Court for possession of the holding and for mesne profits. It is unnecessary to set out the defence beyond stating that it was pleaded that the suit was not cognizable by a Civil Court and that it was burred by limitation, because in order to decide the jurisdiction of the court to hear the suit and ascertain the period of limitati...
Kundan Singh and ors. Vs. Dalip Singh and ors.
Court: Allahabad
Decided on: Dec-02-1913
Reported in: (1913)ILR36All58
Henry Richards, C.J. and Tudrall, J.1. This appeal arises out of a suit for pre-emption which was brought in the court of the Munsif by the plaintiffs respondents. They sought possession of certain property, the value of which they gave as Rs. 800. There were many defences, but, amongst other objections taken by the defendants, it was urged that the real value of the property was Rs. 1,500 and the Munsif's court had no jurisdiction to entertain the suit. The Munsif framed all the issues in the case; took evidence thereon; held that the value of the property was Rs. 1,500, but in spite of that proceeded to decide all the issues and dismissed the suit. The right to pre-empt was based on village custom, and he held that the custom did not exist. The plaintiffs appealed, urging that the custom of pre-emption did exist and that the true value of the property was Rs. 800. The lower appellate court decided that the value of the property was Rs. 1,500. It, thereupon, without deciding any other...
Lotawan and ors. Vs. Lachya and ors.
Court: Allahabad
Decided on: Dec-01-1913
Reported in: (1914)ILR36All69
Henry Richards, C.J.1. This appeal arises out of a suit to recover possession of a house. The claim was only valued at the small sum of Rs. 43-4-0. Amongst the array of parties were minors on both aides who were represented in the suit by their respective guardians. During the course of the litigation an application was made in writing by all the parties that the matters in dispute should be referred to the arbitration of a named arbitrator. In pursuance of this application the court made an order of reference. The arbitrator took upon himself the burden of the arbitration and made an award. Objections were filed, on behalf of the defendants, to the award. The objections were six in number, relating to the conduct of the arbitrator and his alleged refusal to hear the evidence offered by the parties and other matters. No objection was taken that the leave of the court was not obtained prior to the order of reference, and it is quite clear that no such matter was ever brought under the n...
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