Allahabad Court January 1919 Judgments
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Ram Lal Vs. TamkIn Bano and ors.
Court: Allahabad
Decided on: Jan-30-1919
Reported in: AIR1919All261; (1919)ILR61All385
Henry Richards, Kt., C.J. and Pramada Charan Banerji, J.1. This appeal arises out of a suit brought on foot of two hypothecation documents. One was a mortgage pure and simple, The other was a security bond by which the executant undertook to guarantee the due payment of the amount of the mortgage and interest, to secure which he hypothecated certain property. The deeds are of even date. The court below granted a decree for the sale of the property mortgaged, but dismissed the suit in so far as it sought the sale of the property which had been mortgaged by way of security. The defendants who are interested in this last mentioned property consist of subsequent transferees and the heirs of the deceased executant. The court below awarded three sots of costs to these defendants. The court below found that one item of property which did not belong to the executant of the security bond was intentionally entered in order to enable the document to be registered at Budaun, The court was of opini...
Shankar Lal Vs. Badr-un-nissa Bibi and ors.
Court: Allahabad
Decided on: Jan-30-1919
Reported in: (1919)ILR61All384
Henry Richards, Kt., C.J. and Pramada Charan Banerji, J.1. A preliminary objection is taken to the hearing of this appeal, The original suit was a suit on foot of a mortgage and the value of the suit was a sum below Rs. 5,000. The usual mortgage decree was made, and the decree was afterwards made absolute, and eventually, it appears, the mortgaged property was sold, but proved insufficient to discharge the amount. Thereupon an application was made under Order XXXIV, Rule 6, corresponding with Section 90 of the Transfer of Property Act, (since repealed) for a personal decree, which was granted by the Subordinate Judge. It is against the decree of Subordinate Judge so made that the present appeal is filed. The preliminary objection is that the appeal should have been presented to the District Judge and not to the High Court. Section 21 of Act XII of 1887, (Civil Courts Act) provides that an appeal should lie from a decree of the Subordinate Judge to the District Judge where the value of ...
Lala Ram Lal Vs. Musammat TamkIn Bano and ors.
Court: Allahabad
Decided on: Jan-30-1919
Reported in: 49Ind.Cas.543
1. This appeal arises out of a suit brought on foot of two hypothecation documents. One was a mortgage pure and simple. The other was a security bond by which the executant undertook to guarantee the due payment of the amount of the mortgage and interest, to secure which he hypothecated certain property. The deeds are of even date, and the Court below granted a decree for the sale of the property mortgaged but dismissed the suit in so far as it sought the sale of the property-which had been mortgaged by way of security. The defendants who were interested in this last mentioned property, consist of subsequent transferees and the Heirs of the deceased executant. The Court below awarded three sets of costs to these defendants. The Court below found that one item of property which did not belong to the executant of the security bond was intentionally entered in order to enable the document to be registered at Budaun. The Court was of opinion that the executant had no interest in this prope...
Musammat Badrunnissa Bibi and ors. Vs. Lala Shanker Lal
Court: Allahabad
Decided on: Jan-30-1919
Reported in: 49Ind.Cas.687
1. A preliminary objection is taken to the hearing of this appeal. The original suit was a suit on foot of a mortgage and the value of the suit was a sum below Rs. 5,000. The usual mortgage decree was made absolute, and eventually it appears that the mortgaged property was sold but proved insufficient to discharge the amount. Thereupon an application was made under Order XXXIV, Rule 6, corresponding with old Section 90 of the Transfer of Property Act, for a personal decree which was granted by the Subordinate Judge. It is against the decree of the Subordinate Judge so made that the present appeal is filed. The preliminary objection is that the appeal should have been presented to the District Judge and not to the High Court. Section 21 of Act XII of 1887 (Civil Courts Act) provides that an appeal should lie from a decree of the Subordinate Judge to the District Judge where the Value of the original suit was under Rs. 5,000. The appellant seems to have thought that because a fresh decre...
Kunj Behari Lal Rastogi Vs. Babu Madhsodan Lal
Court: Allahabad
Decided on: Jan-30-1919
Reported in: AIR1919All348; 50Ind.Cas.117
1. It is impossible to support the order in this case. In the first place, the learned Judge acted upon his own motion without any proceedings on behalf of the Receiver calling upon the Court to adjudicate as to this mortgage between the estate and the mortgagee. We do not wish to say anything to discourage the intervention of the Court in insolvency matters where no Receiver is appointed, and the duty of the Court is to be astute to look after the insolvency proceedings so as to ascertain whether anything can be saved for the creditors, but where a Receiver is appointed and he is a gentleman of legal training, as in this case a Vakil, it is better to leave him to take the initiatory steps for a proceeding of this kind, which is a serious matter and in the nature of a suit.2. The only notice which the mortgagee got, seems to have been a verbal notice in Court in a proceeding in which he was not in the least concerned, or at any rate in respect of which he had received no specific notic...
Moti Chand and ors. Vs. Madho Prasad and ors.
Court: Allahabad
Decided on: Jan-29-1919
Reported in: (1919)ILR61All381
George Knox, J.1. This is an application under Section 24 of the Code of Civil Procedure, for transfer of a suit which has been filed in the court of the Subordinate Judge of Benares. The prayer is that the suit may be transferred to the court of the Subordinate Judge of Allahabad. The suit apparently was filed in the court of the Subordinate Judge of Benares somewhere in the year 1917 and seems to have rested there until January of this year. The application is supported by an affidavit and the main ground really taken is that the trial of the suit at Allahabad will be less expensive, more convenient to the parties and also to the petitioners, and will be concluded in less time than at Benares. The petitioners who have been arrayed as defendants in the court of the Subordinate Judge of Benares are, the so called affidavit sets out, residents of Allahabad and carry on banking business at Allahabad, Some of the respondents also are residents of Allahabad and own considerable immovable p...
Pershad HusaIn and anr. Vs. Gopi Nath
Court: Allahabad
Decided on: Jan-29-1919
Reported in: (1919)ILR61All378
Henry Richards, Kt., C.J. and Pramada Charan Banerji, J.1. This appeal arises under the following circumstances. A man of the name of Wilayat Ali was adjudicated an insolvent. A share in certain house property was attached by the receiver as being the property of the insolvent. This property was claimed by the appellants, who were the son and nephew of the insolvent. These persons filed an application in the insolvency matter under Section 22 of the Insolvency Act, which provides that 'if the insolvent or any creditor or any other person is aggrieved by the act or decision of the receiver, he may apply to the court and the court may confirm, reverse or modify the act or decision complained of,' The act apparently complained of in the insolvency matter was the attachment of the property. No doubt the investigation as to whether or not the receiver was justified in attaching the property involved the investigation of the title to the share attached. The appellants in this Court produced ...
irshad HusaIn and ors. Vs. Baboo Gopi Nath
Court: Allahabad
Decided on: Jan-29-1919
Reported in: AIR1919All229; 49Ind.Cas.590
1. This appeal arises under the following circumstances. A man of the name of Wilayat Ali was adjudicated an insolvent. A share in certain house property was attached by the Receiver as being the property of the insolvent. This property was claimed by the appellants who were the son and nephew of the insolvent. These persons filed an application in the insolvency matter under Section 22 of the Insolvency Act, which provides that 'if the insolvent or any creditor or any other person, is aggrieved by the act or decision of the Receiver, he may apply to the Court and the Court may confirm, reverse or modify the act or decision complained of. The act apparently complained of in the insolvency matter was the attachment of the property, No doubt the investigation as to whether or not the Receiver was justified in attaching the property involved the investigation of the title to the share attached. The appellants in this Court produced their evidence, with the result that, the Insolvency Cour...
Madho Prasad and ors. Vs. Moti Chand and ors.
Court: Allahabad
Decided on: Jan-29-1919
Reported in: AIR1919All397; 50Ind.Cas.368
George Knox, J.1. This is an application under Section 21 of the Code of Civil Procedure for transfer of a suit which has been filed in the Court of the Subordinate Judge of Benares. The prayer is that the suit may be transferred to the Court, of the Subordinate Judge of Allahabad. The suit apparently was filed in the Court of the Subordinate Judge of Benares somewhere in the year 1917 and seems to have rested there until January of this year. The application is supported by an affidavit and the main ground really taken is that the trial of the suit at Allahabad will be less expensive, more convenient to the parties and also to the petitioners, and, will be concluded in less time than at Benares. The petitioners, who have been arrayed as defendants in the Court of the Subordinate Judge of Banares, are, the so-called affidavit sets out, residents of Allahabad and carry on banking business at Allahabad. Some of the respondents also are residents of Allahabad and own considerable immoveab...
Kunj Bihari Lal Vs. Ghansham Das
Court: Allahabad
Decided on: Jan-23-1919
Reported in: 65Ind.Cas.530
1. The plaintiff, Kunj Behari Lal, purchased an 8 anna share of the Zemindari rights in Mauza Seontha on the 26th April 1915 from Chaudhri Bahadur Singh and brought this suit, under Section 164 of the Agra Tenancy Act, to recover his share of the profits for Rabi 1322, 1323 and 1324 F. from the Lambardar, Ghansham Das, the defendant. The amount claimed was Rs. 1,457-5 4, principal and interest. The only defence with which we are concerned was that the plaintiff had no right to sue for Rabi 1322 and Kharif 1323 F. This defense was based on the following facts. After the sale by Chaudhri Bahadur Singh to the plaintiff, the defendant paid to the plaintiff a sum of money alleged to be equivalent to his share of the profits for these two seasons. This payment was made out of Court. Thereafter, Chaudhri Bahadur Singh sued Ghansham Das, defendant, for the profits of these two seasons and got a decree. Ghansham Das brought a suit in the Civil Court against Kunj Behari Lal to recover Rs. 808-12...
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