Allahabad Court November 1915 Judgments
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Munni Kunwar Vs. Madan Gopal
Court: Allahabad
Decided on: Nov-05-1915
Reported in: AIR1915All107; (1916)ILR39All62
Henry Richards, C.J. and Muhammad Rafiq, J.1. By our order, dated the 9th of July, 1915, we referred an issue to the court below. The finding on tins issue has now been returned. We think it desirable very shortly to refer to the nature of the suit. The plaintiff is the daughter-in-law of the defendant. The suit is a suit to recover possession of a house. The house admittedly belonged at one time to the defendant. The house was under attachment in execution of a decree against the defendant. Before the sale a deed of transfer was executed by the defendant in favour of the plaintiff. She was his daughter-in-law, and her husband (the son of the defendant) was then alive. It was alleged on behalf of the plaintiff that she paid the purchase money of the house and became the purchaser. It was alleged on behalf of the defendant that the whole transaction was fictitious and that no consideration of any kind over passed. As the result of the finding of the court below on the issue we referred,...
Munni Koer Vs. Madan Gopal
Court: Allahabad
Decided on: Nov-05-1915
Reported in: AIR1915All478; 31Ind.Cas.792
1. By our order,' dated July 9th 1915, we referred an issue to the Court below. The finding on this issue has now been returned. We think it desirable very shortly to refer to the nature of the suit. The plaintiff is the daughter-in-law of the defendant. The suit is a suit to recover possession of a house. The house admittedly belonged at one time to the defendant. The house was under attachment in execution of a decree against the defendant. Before the sale, a deed of transfer was executed by the defendant in favour of the plaintiff. She was his daughter-in law and her husband (the son of the defendant) was then alive. It was alleged on behalf of the plaintiff that she paid the purchase-money of the house and became the purchaser. It was alleged on behalf of the defendant that the whole transaction was fictitious and that no consideration of any kind ever passed. As the result of the finding of the Court below upon the issue we referred, it is now established that the money was really...
Jaikaran and ors. Vs. Janki Sahu and ors.
Court: Allahabad
Decided on: Nov-05-1915
Reported in: 33Ind.Cas.369
Henry Richards, C.J.1. This is an application for leave to appeal to His Majesty in Council. This Court reversed the decision of the Court of first instance. The value of the suit in the Court of first instance was less than Rs. 10,000, and the value of the proposed appeal to His Majesty in Council is less than Rs. 10,000 The facts of the case fully appear from the judgment of this Court,' dated the 23 of March 1915, Note.-The judgment referred to is produced in the statement of Facts given above Ed. and we certainly do not feel in a position to certify that the case is 'otherwise a fit one for an appeal to His Majesty in Council.' It is contended, however, that Clause (2) of Section 110 applies, because, although the value of the original suit or of the proposed appeal does not exceed Rs. 10,000, nevertheless the decree directly or indirectly involves some claim or question to or respecting property of more than Rs. 10,000. It cannot for a moment be suggested that the value of the app...
Muhammad Abdul Karim Khan Vs. Sakhawat Ali Shah
Court: Allahabad
Decided on: Nov-04-1915
Reported in: (1916)ILR39All59
Muhammad Rafiq, J.1. The dispute between the parties to this appeal is between two rival purchasers at auction sales. It appears that several persons obtained decrees against one Syed Haidar Shah, who was one of the zamindars of the village Khanpur. In execution of the decree of one Lachhmi Narayan the zamindari share of Syed Haidar Shah was sold and purchased by the plaintiff respondent. In execution of another decree obtained by one Lakkhi Mal against the same Haidar Shah the property called the kila, situate in Khanpur, was sold and purchased by the defendant appellant, The plaintiff respondent objected to the attachment and sale of the said kila in execution of the decree of Lakkhi Mal, but his objection was disallowed. He then brought the suit out of which this appeal has arisen for a declaration that the plaintiff respondent by virtue of his purchase at auction sale is the owner of the share of Haidar Shah in the kila, situate in Khanpur. The defendants appellant resisted the cla...
Ram Nath Tewari Vs. Musammat Genda
Court: Allahabad
Decided on: Nov-04-1915
Reported in: AIR1915All351; 31Ind.Cas.564
Henry Richard, C.J.1. This appeal arises under the following circumstances. The judgment-debtor brought a suit claiming a declaration that a sale-deed made by his mother and a brother's widow was not binding upon him, on the ground that it was an alienation made by Hindu widows without legal necessity. The Court held that there was legal necessity to the extent of Rs. 66 and it accordingly decreed the plaintiff's suit, but subject to the condition that he should within one month pay into Court the sum of Rs. 66. The plaintiff failed to pay the money into Court within the month. He did, however, pay in on a subsequent date and the Court accepted the money. Thereupon, the defendant Musammat Genda made an application for execution of the decree, contending that inasmuch as the plaintiff had failed to comply with the condition, the plaintiff's suit stood dismissed with costs. The application was to recover the costs that would be payable to the defendant in the ordinary course upon the pla...
Saiyid Sakhawat Ali Shah Vs. Haji Muhammad Abdul Karim Khan
Court: Allahabad
Decided on: Nov-04-1915
Reported in: 31Ind.Cas.809
Rafique, J.1. The dispute between the parties to this appeal is between two rival purchasers at auction sales. It appears that several persons obtained decrees against one Syed Haider Shah who was one of the zemindars of the village Khanpur. In execution of the decree of one Lachhmi Narain, the zemindari share of Syed Haider Shah was sold and purchased by the plaintiff-respondent. In execution of another decree obtained by one Lakkhi Mai against the same Haider Shah, the property called the kila situate in Khanpur was sold and purchased by the defendant-appellant. The plaintiff-respondent objected to the attachment and sale of the said kila in execution of the decree of Lakhi Mai, but his objection was disallowed. He then brought the suit out of which this appeal has arisen, for a declaration that the plaintiff-respondent by virtue of his purchase at auction sale is the owner of the share of Haider Shah in the kila situate in Khanpur. The defendant-appellant resisted the claim on the g...
Munshi Lal Vs. Mangat Rai
Court: Allahabad
Decided on: Nov-01-1915
Reported in: AIR1915All375(1); 31Ind.Cas.706
1. This appeal arises out of a suit on foot of a mortgage. The mortgage was executed by Govind and others. The suit is a suit (for sale of the mortgaged property) against the sons of Govind, who is now deceased. Both Courts below have dismissed the suit, first, upon the ground that the mortgage was not proved to have been executed according to the provisions of the Transfer of Property Act and, secondly, on the ground that no legal necessity was proved. As to the first point, it is contended that the plaintiff should have had a further opportunity of proving the due execution of the bond. The Court below has dealt with this point and, in our opinion, the plaintiff ought to have come prepared to prove his case. We have looked into the record and we see that it never was suggested that the witness who was produced to prove the bond went back on his previous evidence or had committed perjury. He proved the plaintiff's case prima facie, but when he was cross-examined as to the particular m...
Mathura Prasad Vs. Karim Baksh and anr.
Court: Allahabad
Decided on: Nov-01-1915
Reported in: AIR1915All402; 31Ind.Cas.805
Piggott, J.1. The facts out of which this appeal arises, may be stated as follows:2. The plaintiffs and the pro forma defendants are Muhammadan residents of a certain village. The defendant-appellant is a Hindu, a mahajan of the same village. The dispute relates to a certain plot of grove land therein situated.3. The ancestors of the plaintiffs and of the pro forma defendants held this grove as tenants. They executed a series of deeds purporting to transfer whatever rights they possessed therein, to the defendant. A dispute having broken out between the parties, the present suit has been brought by the plaintiffs to enforce a right, alleged to exist in favour of the family of which the plaintiffs and it he pro forma defendants are members, to bury their dead in the said grove.4. The Court of first instance apparently found that such a right did exist in favour of the family to, which the plaintiffs belong, but that this right extended only to a small portion of the grove in dispute. Th...
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