Allahabad Court June 1915 Judgments
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Jwala Singh and ors. Vs. Abdul Razak and anr.
Court: Allahabad
Decided on: Jun-01-1915
Reported in: AIR1915All270; 29Ind.Cas.692
George Knox, J.1. The plaintiffs-appellants in this Court describe themselves as zemindars of Mouza Rampur Jaichand, Mahal Awal; the defendants, they say, are zemindars of Mouza Bamhiana. The river Gara flows between the two villages. They add that the boats of both parties ply between the Mouzas Bamhiana and Rampur Jaichand but the defendant No. 4 in collusion with defendants Nos. 1 to 3 has of late prevented the plaintiffs from plying their boats and has appropriated the whole income that results from the same; in law and custom the owners of both villages are entitled to ply boats in the Gara between Rampur Jaichand and Bamhiana. They prayed that the defendants may be restrained from obstructing, and that damage may be awarded. In defence the plea is taken that for a very long time the ferry at Bamhiana and the right to ply boats has always appertained to Mouza Bamhiana and the income resulting from the ferry has always been entered in the revenue papers of that village as sewai inc...
Lala Bisheshar Das and ors. Vs. Lala Ambika Pershad
Court: Allahabad
Decided on: Jun-01-1915
Reported in: 29Ind.Cas.622
Henry Richards, C.J.1. This appeal arises out of a suit in which the plaintiffs sought a declaration that they were entitled to Rs. 627-9-6 out of a sum which had been deposited in Court. The facts are as follows. Ambika Pershad brought a suit against Mahbub and others. Before judgment he attached property which belonged to Mahbub, under the provisions of Order XXXVIII of the Code of Civil Procedure. The property being of a perishable nature, it was sold and the proceeds were lodged in Court on the 29th of March 1911. It is out of this sum that the plaintiffs seek to be paid the amount of a decree. The plaintiffs obtained their decree on the 12th of September 1911. They made an application for execution by attachment of the money in Court on the 10th of January 1912. The Court made an order on the 21st of February 1912, in which it is stated that the property having been attached the money should be paid to the decree-holders upon application. An application for payment was made on the...
Musammat Ram Piari Vs. Raghunath Singh and ors.
Court: Allahabad
Decided on: Jun-01-1915
Reported in: 29Ind.Cas.794
Piggott, J.1. The somewhat complicated facts out of which this second appeal arises are fully given in the judgment of the lower Appellate Court. The essential point in issue admits of being briefly stated. There was a certain zamindari property belonging to a family descended from one Khuwat Singh. A one-fourth share in this zamindari property was mortgaged by one of the four sons of the said Khuwat Singh to the father of Musammat Rainpiyari, the present defendant-appellant. The date of this mortgage was December 7th, 1877. On July 27th, 1887, the whole of the property in question was mortgaged by the four sons of Khuwat Singh, with possession, to one Musammat Zaibunnissa. The plaintiffs in the present suit acquired certain shares in the equity of redemption from some of the descendants of Khuwat Singh and on the strength of this acquisition, have redeemed the entire mortgage in favour of Musammat Zaibunnisa, and have apparently obtained possession. Subsequently Musammat Ram-piyari br...
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