Allahabad Court November 1914 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Ali Baza and ors. Vs. Niamat Ali
Court: Allahabad
Decided on: Nov-20-1914
Reported in: (1915)ILR37All86
Henry Richards, C.J. and Pramada Charan Banerji, J.1. In this suit which purports to have been brought under the provisions of Section 92 of the Code of Civil Procedure, the plaintiffs claimed that the defendant should be removed from the mutawalliship of certain property which was specified in lists A and B appended to the plaint, that the defendant should be called upon to furnish accounts and that new trustee or trustees from the family of the original appropriator (one Wali-ullah) should be appointed. In the plaint are set forth the history of the waqf about which there appears to be no doubt. One Maulvi Wali-ullah started an Arabic School of literature and Muhammadan Jurisprudence in the city of Farrukhabad about the year 1808. He dedicated certain shops which at present produce about Rs. 22 per mensem for the expenses. For a long time a man of the name of Syed Fazal Ali was de facto mutawalli. He made a further waqf of property worth about Rs. 7,500. He continued to be, at least,...
Ras Behari Lal Vs. Akhai Kunwar and ors.
Court: Allahabad
Decided on: Nov-20-1914
Reported in: (1915)ILR37All91
Chamier and Piggott, JJ.1. The facts of the case are that in the year 1888 one Jhingur Singh made over to the first defendant, in consideration of medical services rendered by him, some plots of land in a village. The defendant entered into possession, planted a garden and built houses on the land, laying out a considerable sum of money thereon. In 1906 Jhingur Singh sold his rights in the village to the plaintiff appellant, who at once set to work to compel the first defendant to pay rent for the land. All his attempts in the Revenue Court failed and he then brought this suit praying for proprietary possession of the land and for mesne profits for three years immediately preceding the suit. The defence was that the plots in question were given by the Zamindar to the defendant in recognition of his medical services, that the defendant had spent a large sum of money on the land and that the plaintiff had no right to dispossess him. The courts below have agreed in dismissing the plaintif...
Champa Lal Vs. Rupan Singh,
Court: Allahabad
Decided on: Nov-19-1914
Reported in: (1915)ILR37All81
Chamier and Piggott, JJ.1. This appeal arises out of a suit for redemption of a mortgage of a house in the city of Benares made to secure payment of sum Rs. 400. While in possession of the property the mortgagee, who is the appellant before us, built a pacca room in place of a kachcha room that had fallen down and over the new room he built a second storey and he put up a pacca stair case to communicate with the upper storey. The new ground floor room cost Rs. 147-6-0, the upper room cost Rs. 113 and the stair case cost Rs. 46-8-6. The mortgagee claims to be entitled to these three sums upon redemption of the mortgage, also to a small sum paid by him for taxes. The first court disallowed the mortgagee's claim to these sums and gave the plaintiff respondent a decree for redemption on payment of Rs. 400 only. On appeal the District Judge allowed the cost of the ground floor room but disallowed the other items. The mortgagee has appealed to this Court regarding the items disallowed and th...
Sheo Harakh Vs. Ram Chandra
Court: Allahabad
Decided on: Nov-17-1914
Reported in: (1915)ILR37All76
Chamier, J.1. This application for revision raises a curious question upon which, so far as we are aware, there has not been any decision of this Court. The plaintiff in this case filed a suit in the court of the Munsif of Mirzapur who in July, 1913, decreed the claim. The defendant preferred an appeal against the. Munsifs decree to the court of the Subordinate Judge of Mirzapur. The Subordinate Judge proceeded to hear the appeal and in November, 1913, allowed it and dismissed the plaintiff's suit. This is an application for revision of the order of the Subordinate Judge on the ground that the Subordinate Judge, in the absence of an order of District Judge transferring the appeal to him for disposal, had no jurisdiction to hear it.2. Under Section 21 of the Bengal Civil Courts Act appeals from decrees of Munsifs lie to the District Judge; but under Sub-section (4) of that section the High Court may, with the previous sanction of the Local Government, direct by notification in the Offic...
Babu Ram Vs. Ganesh and Badri
Court: Allahabad
Decided on: Nov-17-1914
Reported in: (1915)ILR37All72
Chamier and Piggott, JJ.1. A suit brought by the respondent, Babu Ram, for possession of movable and immovable property was settled by an agreement dated the 17th of November, 1906, and duly registered, whereby the property then in suit was charged with the payment of an annuity of Rs. 200 to Babu Ram. In 1908 Babu Ram obtained a decree for arrears of the annuity against Brij Mohan, father of the respondent Badri, and in execution thereof part of the property, namely, a birt jajmani, some old books containing the names and genealogies of the clients (jajman) and a flag were brought to sale. The birt jajmani and the books wore purchased by Babu Ram himself and the flag was purchased by the appellant Ganesh.2. The appeal now before us arises out of a second suit brought by Babu Ram for recovery of further arrears of the annuity by sale of the movable and immovable property charged by the agreement of 1906. Brij Mohan (since deceased) and his son, the respondent Badri, were impleaded as t...
NaraIn Dat Vs. the Superintendent of Dehra Dun
Court: Allahabad
Decided on: Nov-09-1914
Reported in: (1915)ILR37All69
Tudball and Muhammad Rafiq, JJ.1. This appeal arises out of proceedings taken under the Land Acquisition Act. Notice was issued in pursuance of Section 9 of the Act to the present appellant and he made no claim as directed under that section. The Collector made an award and the appellant applied for a reference to the District Court. In the District Court an objection was taken that as he had made no claim under Section 9, the court was not empowered to award any compensation greater in amount than that mentioned in the Collector's award. The learned District Judge held that because there had been previous negotiations between the Government on the one part and the appellant on the other in which the Government had offered to purchase the land for Rs. 65,000, whereas the appellant had offered to sell for or rather had refused to sell for, anything less than Es. 80,000, therefore there was sufficient reason for the appellant not having put forward his claim under Section 9 of the Act. H...
Bansidhar Vs. Kharagjit
Court: Allahabad
Decided on: Nov-09-1914
Reported in: AIR1914All220(2); (1915)ILR37All65
Chamier and Piggott, JJ.1. This is an appeal against an order of the District Judge of Mainpuri, passed in proceedings arising out of the insolvency of one Gur Narain. All the facts have not been properly ascertained, but for the purposes of this order they may be assumed to be as follows:In 1905 the insolvent's father Girwar Dhari instituted three suits on mortgages. Either before or shortly after bringing these suits he transferred, or purported to transfer, all his rights in the mortgages to one Ratan Lal, who was made plaintiff in the suits. Decrees were obtained and one of them is said to have been satisfied. The other two were on the 23rd of March, 1910, transferred to Bansidhar, the present appellant, who took out execution, brought the property to sale and purchased some of it himself. Meanwhile Griwar Dhari had died, and on the 2nd of July, 1909, Gur Narainhad been adjudicated an insolvent. On the 13th of August, 1909, the respondent was appointed receiver of the insolvent's p...
Banwari Lal Vs. Khubi Ram and ors.
Court: Allahabad
Decided on: Nov-06-1914
Reported in: AIR1914All371; (1915)ILR37All59
Chamier, J.1. The facts of this case as found by the lower appellate court are as follows. The occupancy tenants of some land executed in favour of the defendant Khubi Ram, on the 15th of November, 1910, a lease for five years. On the 7th of December, 1910, they took it to a kanungo under Section 97 of the Tenancy Act, and got him to sign and date an endorsement thereon under Sub-section (2) of that section. In the meantime, on the 21st of November, 1910, they had executed a similar lease in favour of the plaintiff and caused it to be registered under the Registration Act on the same day. The plaintiff brought a suit against the defendants second party, and that suit was dismissed on their pleading that they had paid the rent to Khubi Ram, defendant No. 1. The plaintiff then brought the present suit for possession of the property and for a declaration that the lease held by Khubi Ram, defendant No. 1, was void and ineffectual as against his lease of the 21st of November, 1910. The cour...
Pachkauri Raut and anr. Vs. Ram Khilawan Chaube
Court: Allahabad
Decided on: Nov-03-1914
Reported in: AIR1914All298; (1915)ILR37All57
Chamier and Piggott, JJ.1. This is an application by the appellants in S.A. No. 922 of 1914, praying the court to make one Gajadhar Prasad a party to the appeal. The object of the suit brought by the respondent was to have a deed of sale executed by his father in favour of the appellants set aside. The respondent's elder 'brother, Gajadhar Prasad, who attested the deed of sale, was impleaded as a defendant. The first court decreed the claim. The defendants appealed, but they did not make Gajadhar Prasad a party to the appeal and it is admitted that they did not ask the court to exclude the share of Gajadhar Prasad from the operation of the decree of the first court. In this second appeal the defendants are apparently asking this Court to exclude from the operation of the decree the share of Gajadhar Prasad on the ground that he attested the sale deed. The application is resisted on the strength of a decision of this Court in Chunni v. Lala Ram (1893) I.L.R. 16 All. 5. This ruling has n...
- ‹ Prev
- 1
- Next ›