Allahabad Court February 1913 Judgments
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Ram Chandra Naik Kalia Vs. Abdul Hakim and ors.
Court: Allahabad
Decided on: Feb-17-1913
Reported in: (1913)ILR35All204
Tudball and Muhammad Rafiq, JJ.1. This appeal arises out of the following circumstances: Musammat Najm-un-nissa, the widow of one Maulvi Farzand Ali, brought a suit against the other heirs of her deceased husband to recover a sum of Rs. 97,500 due to her as dower. She also asked for the costs of her suit. The District Judge decreed the claim in her favour. The judgment ends as follows: 'I, therefore, decree the claim in full with costs and future interest at 6 per cent. per annum. The decree will be executed against the assets of Maulvi Farzand Ali, and not against the personal property of the defendants.' This was also entered in the decree. The defendants appealed to this Court. But the appeal was dismissed with costs. There was no order in the decree of this Court as to the realization of the costs of this Court from the assets of the deceased. Musammat Najm-un-nissa has transferred to the present appellant her right to recover costs as against her judgment-debtors. The present appe...
Sri Ram and ors. Vs. Ram Lal and ors.
Court: Allahabad
Decided on: Feb-17-1913
Reported in: 18Ind.Cas.878
1. This was a suit upon a mortgage made on July 14th, 1873. The plaintiff was the heir of one Asa Ram, who purchased the rights of the original mortgagees. The suit was resisted by certain persons who were in possession of the property. The original mortgagors were made parties but did not defend the suit. They lost all interest in the property long ago.2. The plaintiff alleged in his plaint that the original mortgage-deed had been lost and they tendered a registration office copy in evidence. The Munsif decreed the claim holding that the loss of the original deed had been proved. On appeal, the Additional Judge held that the evidence adduced to prove the loss of the deed was not admissible but he was of opinion that on the pleadings, it was for the defendants to prove that the mortgage had been paid off, and as they had failed to do that, the decree of the first Court was correct.3. The defendants who resisted the suit have appealed to this Court and on their behalf it is contended th...
Ganeshi Lal and ors. Vs. Charan Singh and ors.
Court: Allahabad
Decided on: Feb-15-1913
Reported in: (1913)ILR35All247
Harry Griffin and Chamier, JJ.1. This was a suit on a mortgage made in favour of the first plaintiff in January, 1891. Some of the defendants were the mortgagors and the remainder were impleaded on the ground that they had acquired interest in the mortgaged property by purchase. One of the defences to the suit was that the plaintiffs had failed to implead four persons who had acquired one-sixth of the mortgaged property after the mortgage. The first court gave the plaintiffs a decree for 5/6ths of the amount due on the mortgage, to be recovered, if necessary, by sale of 5/6ths of the property mortgaged. The defendant appealed. The District Judge held that the non-joinder of the owners of one-sixth of the property was fatal to the suit, which he accordingly dismissed. In second appeal it is contended that the decision of the lower appellate court was erroneous. Reliance is placed on the decision in Imam Ali v. Baij Nath Ram Sahu (1906) I.L.R., 33 Calc., 613 and some observations made by...
Sher Singh Vs. Durgpal and anr.
Court: Allahabad
Decided on: Feb-15-1913
Reported in: 18Ind.Cas.724
1. This appeal arises out of a suit to recover principal and interest on two unregistered bonds, dated respectively the 27th and 30th of August 1887. The original mortgagor did not appear to defend the suit. On the 12th of July 1888, he had made a registered mortgage of the same property to one Ram Hans in lieu of a prior bond of the year 1886. Ram Hans brought a suit on his bond and in execution of his decree the property was sold by auction and was purchased by Daryao on the 20th of January 1898. Daryao sold the same property by a registered deed to the appellant on the 26th of May 1904. The Courts below have found that the unregistered bonds are genuine. The first Court gave the plaintiff a decree for sale subject to the defendant-appellant's prior incumbrance. The lower Appellate Court on appeal by the appellant here modified the decree of the Court of first instance by directing that before bringing the property to sale the plaintiff was to pay Rs. 400 with interest at 6 per cent....
Hadi Hasan Khan Vs. Pati Ram
Court: Allahabad
Decided on: Feb-14-1913
Reported in: (1913)ILR35All200
Harry Griffin and Chamier, JJ.1. This was a suit under Sections 150 and 154 of the Tenancy Act for resumption of a rent-free grant. The plaintiff alleged that the grant was made for the performance of a specific service in connection with the Holi, which he no longer required. The Assistant Collector decreed the claim, but on appeal his decision was reversed on the ground that the land, being grove-land, was not 'land held for agricultural purposes' within the meaning of Section 4(2) of the Tenancy Act, and was not 'land' within the meaning of the word as used in Chapter X of the Act.2. In the papers prepared at the settlement of 1836 and 1872 the land was recorded as held under a service grant, and during the current settlement it is recorded as a rent-free grant, and the wajib-ul-arz says that the land shall be held subject to the service to be rendered at the Holi.3. The District Judge has not recorded a definite finding that the land is held rent-free on account of the service, but...
Sarnam Singh Vs. Bisram Singh
Court: Allahabad
Decided on: Feb-14-1913
Reported in: 18Ind.Cas.723
1. The facts of this case are sufficiently stated in the judgment of this Court dated the 18th April 1912. For the purpose of our final orders, it is sufficient to say that the plaintiff, Sarnam Singh, and his uncle Bisram Singh were members of a joint family. They held jointly certain lands as sir and khudkasht In December 1904, they partitioned all their lands, the agreement between them being that he in whose lot any particular plot would fall would be the sole owner of that plot. The partition took place accordingly, but the defendant continued in possession of the three plots now in suit, which had been assigned to the plaintiff on partition. On plaintiff suing to eject the defendant, the latter set up the defence, first, that he was not a tenant, and, secondly, that if he was tenant, he was an ex-proprietary tenant. The Court of first instance decreed the suit for ejectment. The lower Appellate Court on appeal dismissed it. It appears to us that the point involved in the suit is ...
Haji Muhammad Karimullah Khan Vs. Jhaman Singh and ors.
Court: Allahabad
Decided on: Feb-14-1913
Reported in: 18Ind.Cas.734
Chamier, J.1. These are appeals in suits under Sections 150 and 154 of the Tenancy Act. The question for decision in both cases is the same, namely, whether the land was held rent free under a judicial decision previously to December 22nd, 1873, within the meaning of Section 151 of the Act. This section re-places parts of Section 30 of the North-Western Provinces Rent Act, 1881, which in turn replaced parts of Sections 79 and 80 of the North-Western Provinces Land Revenue Act, 1873. The history of the law relating to the resumption of rent free grants previous to the passing of the Act of 1873 will be found in Irvine's Rent Digest published in 1869. It is sufficient to say here that the Act of 1873 declared that the period of limitation theretofore applied to cases of resumption of rent free holdings should no longer be applied, but it was desired to avoid the re-opening of cases already judicially decided, Hence the provision now in question.2. In view of the fact that the only known ...
Ali Muhammad and ors. Vs. Ram Chandra and ors.
Court: Allahabad
Decided on: Feb-13-1913
Reported in: (1913)ILR35All197
Harry Griffin and Chamier, JJ.1. The plaintiffs in this case, who are Muhammadans, allege that in the time of the Muhammadan kings a mosque and some houses were built in the town of Agra; that from that time the Muhammadans have always worshipped in the mosque and the property has all along been waqf; that some time before 1875 the mutawalli of the property mortgaged it to some Hindus, but in a suit brought in the court of the Subordinate Judge in 1875 it was declared that the property was waqf and the Muhammadans continued to worship in the mosque as before; that the plaintiffs had received information that the fifth defendant, when in charge of the mosque, transferred it to an ancestor of the defendants 1--4 who are Hindus; that this mortgage was invalid and notwithstanding the mortgage the Muhammadans continued to use the mosque as before; that defendants 1--4 instituted a suit against six Muhammadans in 1907 and obtained a decree, in execution of which they attempted to take posses...
Ram Chandar and ors. Vs. Khwaja Ali Muhammad and ors.
Court: Allahabad
Decided on: Feb-13-1913
Reported in: 18Ind.Cas.797
1. The plaintiffs in this case, who are Mahammadans, allege that in the time of the Muhammadan Kings, a mosque and some houses were built in the town of Agra, that from that time the Muhammadans have always worshipped in the mosque and the property has all along been wakf, that sometime before 1875, the mutwalli of the property mortgaged it to some Hindus but in a suit brought in the Court of the Subordinate Judge in 1875, it was declared that the property was wakf and the Muhammadans continued to worship in the mosque as before, that the plaintiffs had received information that the fifth defendant, when in charge of the mosque, transferred it to an ancestor of the defendants Nos. 1-4 who are Hindus, that this mortgage was invalid and notwithstanding the mortgage the Muhammadans continued to use the mosque as before, that defendants Nos. 1-4 instituted a suit against six Muhammadans in 1907 and obtained a decree in execution of which they attempted to take possession of the property on...
Makhdum Bakhsh and ors. Vs. Bihari Lal and ors.
Court: Allahabad
Decided on: Feb-12-1913
Reported in: (1913)ILR35All194
Harry Griffin and Chamier, JJ.1. This was a suit upon a mortgage made by one Najaf Khan in favour of an ancestor of the plaintiff in May, 1868. The first set of defendants are the heirs of Najaf Khan. The second set are purchasers after the mortgage of various portions of the mortgaged property. The mortgage purports to have been made in consideration of a sum of Rs. 22 due on a prior mortgage of 1867 and two sums said to have been paid just before and just after the execution of the deed. The courts below have held that the payment of these two sums has not been proved, but that the mortgage holds good for the sum of Rs. 92 and interest thereon.2. The evidence that the last mentioned sum was due upon a prior mortgage consists of a recital in the deed in suit and the production by the heirs of the mortgagor of the earlier deed which does not bear any endorsement showing that it had been paid off.3. In second appeal it is contended that the recital in the deed is not admissible in evide...
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