Allahabad Court May 1916 Judgments
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Radhika Prasad Bapuli Vs. the Secretary of State for India in Council
Court: Allahabad
Decided on: May-03-1916
Reported in: 35Ind.Cas.711
1. The appellant filed an application in the Court below for a succession certificate under Act VII of 1889 in respect of a Government promissory note described as a part of what is called the Tanjore debt. The promissory note was in favour of one Madho Sahay. He and his brother Beni Sahay are said to have formed a joint family. Madho Sahay died long ago and one of his daughters left two sons, one of whom Madhuri Das died in 1905 leaving a son Makund Lal. Makund Lal has assigned the note to the present applicant under a deed of assignment, and he as such assignee has applied for a succession certificate. The Court below refused to grant his application, on the ground that it had not been established to the satisfaction of the Court that the applicant's assignor had a subsisting title at the date of the assignment. In our opinion this was not a question which the Court ought to have gone into in the present case. Whether the assignor of the applicant had a valid title or not, or whether...
Kure Vs. Jhinguria
Court: Allahabad
Decided on: May-03-1916
Reported in: AIR1916All93; 35Ind.Cas.847
Lindsay, J.1. This appeal has arisen out of a suit brought by the plaintiff-respondent for the purpose of having a decree obtained against him in the Small Cause Court at Agra set aside, on the ground that it had been procured by fraud. The plaintiff also prayed that certain property of his which had been attached in execution of the decree should be released.2. The facts are as follows:In the year 1913 the present defendant sued the present plaintiff on a promissory note alleged to have been executed in November 1912 to secure a loan of Rs. 500. The suit was not defended. The officer deputed to serve the summons on the defendant repotted that he had tendered the summons to him, the defendant declined to receive it and the summons was then affixed to the door of the defendant's house. The Judge of; the Small Cause Court being satisfied with the service passed an ex parte decree on the 24th April 1013. Execution was taken out in August of that year and the judgment-debtor then applied u...
Kariya Mahto Kurmi Vs. Ram Sarup and anr.
Court: Allahabad
Decided on: May-03-1916
Reported in: 37Ind.Cas.399
Lindsay, J.1. These appeals are connected and may be disposed of by the same judgment. The facts are as follows:2. The parties are co-sharers in the village of Padri Mahdeo Buzurg. The appellant here, Kariya Mahto, is the owner of a plot No. 627/3 in this village and adjacent to it is another plot No. 627/4, the property of the respondents Ram Sarup and Bhagwat Prasad.3. The parties are at variance regarding the boundary line between these two plots and in the year 1913 they brought cross-suits against each other.4. In one suit No. 526 of 1913, Ram Sarup and Bhagwat Prasad were the plaintiffs. Their case was that Kariya had encroached upon a portion of their plot No. 627/4 and included it in his plot No. 627/3. In the other suit No. 622 of 1913, Kariya was the plaintiff and his story was that Ram Sarup and Bhagwat Prasad had taken away a portion of his plot No. 627/3 and included it in their plot No. 627/4.4. Suit No. 526 of 1913 was tried first and Ram Sarup and Bhagwat Prasad won it....
imami Vs. Musammat Kallo
Court: Allahabad
Decided on: May-02-1916
Reported in: (1916)ILR38All433
Pramada Charan Banerji and Piggott, JJ.1. This appeal arises out of a suit for specific performance of an alleged contract of sale in respect of a house. The plaintiff also asks for a declaration that he has become the absolute owner of the house. The facts are these. The house in question belongs to the minor defendant Musammat Kallo. One Shahzada was appointed guardian of the minor under the orders of the District Judge of Allahabad. The guardian Shahzada applied to the District Judge for permission to sell the house in question for the payment of debts due by the minor. The District Judge ordered the property to be sold by auction to the highest bidder. The highest bid made was by the present plaintiff Imami, who offered to pay Rs. 1,300 for the property. On the 8th of July, 1912, the District Judge made an order to the effect that Shahzada, the guardian of the minor, was permitted to execute a sale-deed in favour of Imami, the draft being put up before the court for approval prior ...
imami Vs. Musammat Kallu
Court: Allahabad
Decided on: May-02-1916
Reported in: 34Ind.Cas.298
Piggott, J.1. This appeal arises out of a suit for specific performance of an alleged contract of sale in respect of a house. The plaintiff also asks for a declaration that he has become the absolute owner of the house. The facts are these. The house in question belongs to the minor defendant Musammat Kallu. One Shahzada was appointed guardian of the minor under the orders of the District Judge of Allahabad. The guardian Shahzada applied to the District Judge for permission to sell the house in question for the payment of debts due by the minor. The District Judge ordered the property to be sold by auction to the highest bidder. The highest bid made was by the present plaintiff Imami, who offered to pay Rs. 1,300 for the property. On the 8th of July 1912, the District Judge made an order to the effect that Shahzada, the guardian of the minor, was permitted to execute a sale-deed in favour of Imami, the draft being put up before the Court for approval prior to the execution of the sale-...
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