Allahabad Court June 1918 Judgments
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Naim-ul-haq Vs. Muhammad Subhan-ullah
Court: Allahabad
Decided on: Jun-05-1918
Reported in: (1919)ILR61All1
Piggott, J.1. The plaintiff in this case is the daughter's son, and the defendant the son's son, of one Maulvi Habib-ullah Khan, who died on the 3rd of April, 1891. The plaintiff's case is that the said Maulvi had, in his life-time, made a waqf, or dedication for religious and charitable purposes under the Muhammadan law, of certain property specified at the foot of the plaint; that the defendant is in possession of the said property as mutawilli, or trustee of the endowment, but is misconducting himself in various ways, and principally by wasting and alienating the endowed property and by refusing to make payments which he is bound to make under the terms of the endowment. The plaintiff claims to be interested in the trust as a beneficiary under the same, and to be entitled to maintain the suit independently of the provisions of Section 92 of the Code of Civil Procedure. The reliefs sought are a declaration that the property specified at the foot of the plaint is 'the waqf property,' ...
Anandgir Vs. Sri Niwas
Court: Allahabad
Decided on: Jun-05-1918
Reported in: AIR1918All349; 47Ind.Cas.1008
1. The plaintiff in the Court of first, instance is the respondent here. He brought a suit in the Revenue Court in which he prayed that he might be declared proprietor of a disputed muafi and that costs, etc., might be granted to him(. The Court of first instance dismissed his claim altogether. He then went in appeal to the District Judge of Cawnpore, who ordered that the decree of the lower Court, that is to say, the Court of first instance, dated the 13th of March 1916, be set aside 'and the appeal be allowed to the extent that the plaintiff was entitled to be declared rent-free grantee of so much of the, land in suit as he was then entered in the revenue papers as occupancy tenant of the same. The order, however, did not stop here. It went on as follows:-- 'That the suit be remanded to the lower Court for determination of the revenue payable by the plaintiff appellant.' The defendant has now come to this Court and asks that the decree of the lower Appellate Court be set aside and th...
Ratan Moti Vs. Tilak Chand and ors.
Court: Allahabad
Decided on: Jun-04-1918
Reported in: AIR1918All388; 47Ind.Cas.856
1. This and the connected Appeal No. 1065 of 1916 arise out of a suit brought by Musammat Ratan Moti for a declaration that a sale-deed executed by Jagan Lal, defendant No. 3, in favour of Tilak Chand and Hushiar Singh, defendants Nos. 1 and 2, on the 14th of February 1911 is null and void as against her interest. The sale-deed relates to a shop which admittedly belonged originally to one Chnnni Lal. Chunni Lal had a son Kunwar Sen, whose widow was Musammat Badamo. It is alleged by one party and denied by the other that Kunwar Sen predeceased bis father, but the fact is admitted that after Kunwar Sen's death Musammat Badamo was in possession. It is alleged on behalf of the plaintiff that the affairs of Musammat Badamo were managed by her son-in-law, Fakir Chand. In 1881 Musammat Badamo made a gift in favour of Roshan Lal, the son of Fakir Chand by Badamo's daughter. Fakir Chand had another wife by whom he bad another son, Mahabir defendant No. 5. Roshan Lal died in 1900 leaving his wid...
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