Allahabad Court February 1919 Judgments
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Todar Singh and anr. Vs. Thakur Kehri Singh and anr.
Court: Allahabad
Decided on: Feb-20-1919
Reported in: AIR1919All340; 50Ind.Cas.126
1. This appeal arises out of a suit for pre-emption. The Court below decreed the suit. The defendants-vendees have appealed. They contend that no custom is proved; secondly, that the plaintiff pre-emptor refused to purchase; and, thirdly, that the Court below has erred in dealing with the question of consideration. There are some circumstances connected with the history of this village which might create some doubt as to the existence of a custom. In the view, however, that we take in the present case it is unnecessary for us to go into this question. It is an admitted fact that about a year before the sale, that is in September 1914, the vendor gave a written notice to the co-sharers including the plaintiff in the following words: 'On account of heavy debt it is resolved that the ancestral property, i.e., a six-biswa share, i.e., 86 shares comprising 338 bighas 4 biswas of land and bearing a jama of Rs. 377-11-5, according to the present khewat, out of 144 shares in the 10 biswas 3 bi...
Musammat Ilahi Jan Vs. Mohammad Ishaq Khan and ors.
Court: Allahabad
Decided on: Feb-19-1919
Reported in: AIR1919All255(2); 49Ind.Cas.976
1. This appeal arises out of a suit for preemption. The first Court decreed the plaintiff's suit. The lower Appellate Court dismissed the suit. The plaintiff alleged in the plaint that she, being a co sharer in the same khewat and potti, fulfilled the necessary conditions of pre-emption and persistently asked the defendants to make the property over to her. This is evidently an allegation of a right of pre emption under the Muham-madan Law. Paragraph 5 goes on to allege that even apart from this there was a custom of pre-emption prevailing in the village and that under that custom she had a right. The vendees denied-the existence of a custom, denied that the plaintiff had any right of pre-emption and pleaded in a very specifics manner that before the sale the plaintiff was informed by means of a written notice of the intended sale, and that she refused to buy on account of her being destitute of means. The Court of first instance held that the custom had been proved and farther that th...
Emperor Vs. Ram Lal and ors.
Court: Allahabad
Decided on: Feb-18-1919
Reported in: (1919)ILR61All390
Piggott, J.1. This is an application for revision of an order of the Sessions Judge of Jhansi, declining to interfere with an order by a first class Magistrate of the same district passed under Section 2 of the Workmen's Breach of Contract Act (No. XIII of 1859). As the application raises one question of law on which it is supported by the authority of the Punjab Chief Court, I think it advisable to state the essential facts of the case and my reasons for rejecting the application. The applicants are eight workmen who entered into an agreement by which they incurred certain joint and several liabilities towards a contractor named Murli Dhar. The applicants were to furnish Murli Dhar with stone road-metal at certain specified rates. They were to receive advances from the said contractor and they were to continue working for him and for no one else, so long as any sum remained due to Murli Dhar in respect of the said advances. There was a special provision to the effect that the contract...
Fazal Ahmad Vs. Tasadduq Husain
Court: Allahabad
Decided on: Feb-18-1919
Reported in: AIR1919All309(2); (1919)ILR61All428
Henry Richards, Kt., C.J. and Muhammad Rafiq, J.1. This appeal arises out of a suit for pre-emption brought under the Muhammadan law. The first court held that the plaintiff had duly performed the requirements of Muhammadan law, and granted the Plaintiff a decree. The lower appellate court agreed with the finding of the first court that the formalities of Muhammadan law had been complied with, but dismissed the plaintiffs suit upon a finding that the plaintiff had ceased to be a co-sharer at the time of the institution of the suit. The plaintiff comes here in second appeal. The finding of both the courts below that the plaintiff performed the formalities of Muhammadan law is binding upon us in second appeal. It is said, however, that because the plaintiff made the second demand some days after making the first demand and it appearing that the vendor being a near relation of his, he could probably have made the second demand earlier by making it in her presence instead of in the presenc...
Rukia Begam Vs. Muhammad Kasim and ors.
Court: Allahabad
Decided on: Feb-18-1919
Reported in: (1919)ILR61All443
Piggott, J.1. This is an execution first appeal by certain judgment-debtors. The respondent, Rukia Begam, was the widow of one Muhammad Husain. The judgment-debtors appellants are the remaining heirs of this gentleman. The respondent had a claim for dower-debt against the estate of her late husband, and admittedly this claim much exceeded the entire value of the estate. The lady brought a suit, and it is admitted that a sum of Rs. 27,000 was due to her under a decree obtained in the said suit. The application out of which this appeal arises was one by the judgment-debtors for an order certifying that this decree for Rs. 27,000 had been completely satisfied. Their case is that a sum of Rs. 14,000 had been paid to the decree-holder out of court and that the decree-holder had herself certified personally before the execution court the receipt of the aforesaid sum of Rs. 14,000. They stated further that, by an agreement between the parties arrived at about the same time, it was settled tha...
Rati Ram Vs. Niadar anr.
Court: Allahabad
Decided on: Feb-18-1919
Reported in: (1919)ILR61All435
Piggott, J.1. This second appeal by a decree-holder in an execution case arises out of the following state of facts. One Munshi Lal held a decree absolute for sale on a mortgage passed on the 19th of December, 1906. He took out execution of the same on the 23rd of September, 1909, but died while the execution proceedings were pending. On the 29th of September, 1910, his sons Joti Prasad and Rati Ram, applied to be brought on the record as his legal representatives. The former was of full age and the latter a minor; the application was in the names of both, and Joti Prasad also asked to be allowed to act as the next friend of his minor brother. Notices were issued to the judgment-debtors to appear on the 10th of December, 1910, and show cause why this application should not be granted. In the mean time Joti Prasad died; and on the 24th of November, 1910, the pleader whom he had engaged informed the court of this fact and stated that he had no instructions to proceed further with the app...
Kashi Prasad Vs. the Union Bank of India Limited
Court: Allahabad
Decided on: Feb-18-1919
Reported in: AIR1919All337; (1919)ILR61All432
Piggott and Walsh, JJ.1. This is an application, dated the 24th of April, 1917, by an alleged transferee of a decree, to have his name substituted as decree-holder of the decree which was dated the 3rd of December, 1915. The application was made to the execution court in which the decree had been obtained and was obviously based upon Section 47, Sub-section (3), of the Code of Civil Procedure, asking that court to determine whether the applicant was, or was not, the representative of the decree-holder. Of course the applicant could not execute the decree without getting his name upon the record in that capacity, and to that extent the application was a perfectly proper one. The judgment-debtor was a company in liquidation. The liquidation was voluntary and was going on while the suit was pending. Subsequently, however, to the decree somehow or another a petition was presented to the winding-up court, which is in another province, and an official liquidator was appointed on the 10th of ...
Nazir Begam Vs. Rao Raghunath Singh and ors.
Court: Allahabad
Decided on: Feb-18-1919
Reported in: (1919)ILR61All571
1. This suit was brought to enforce a mortgage made on the 7th of November, 1884, by the ancestor of the defendants and respondents Nos. 1 to 8, in favour of the ancestor of defendants and respondents nos. 13 to 15, which mortgage was transferred on the 4th of January, 1910, to the plaintiff appellant; defendants and respondents nos. 9 to 12, claim title to certain of the lands in mortgage.2. The mortgage recites that the mortgagor had borrowed Rs. 398, in order to pay the Government revenue, and the covenant is in the following terms:I will repay the aforesaid sum together with interest at the rate of Rs. 2-8-0 per cent per mensem, in the month of Aghan, Sambat 1942, without any plea of excuse, and I will continue to pay the interest every six months. If I fail to pay interest at the end of any six months, I will pay interest at the rate of Rs. 3.2-0 per cent. per mensem from the date of the execution of this bond, and that amount of interest shall be added to the principal.3. As at t...
Syed Muhammad Kazim and ors. Vs. Musammat Rukia Begam
Court: Allahabad
Decided on: Feb-18-1919
Reported in: 50Ind.Cas.65
Piggott, J.1. This is an execution first appeal by certain judgment-debtors. The respondent Rukia Begam was the widow of one Muhammad Husain. The judgment-debtors-appellants are the remaining heirs of this gentleman. The respondent had a claim for dower-debt against the estate of her late husband and admittedly this claim much exceeded the entire value of the estate. The lady brought a suit, and it is admitted that a sum of Rs. 27,030 was due to her under a decree obtained in the said suit. The application out of which this appeal arises was one by the judgment-debtors for an order certifying that this decree for Rs. 27,000 bad been completely satisfied. Their case is that a sum of Rs. 14,000 bad been paid to the decree-holder out of Court and that the decree-holder had herself certified personally before the execution Court the receipt of the aforesaid sum of Rs. 14,000. They stated further that, by an agreement between the parties arrived at about the same time, it was settled that t...
Rati Ram Vs. Nadar and anr.
Court: Allahabad
Decided on: Feb-18-1919
Reported in: AIR1919All209; 49Ind.Cas.990
Piggott, J.1. This second appeal by a decree-holder in an execution case arises out of the following state of facts. One Munshi Lal held a decree absolute for sale on a mortgage passed on December 19th, 1906. He took out execution of the same on September 23rd, 1909, but died while the execution proceedings were pending. On September 29th, 1910, his sons, Jokhi Parshad and Rati Ram, applied to be brought on the record as his legal representatives. The former was of full age and the latter a minor, the application was in the name of both, and Jokhi Parshad also asked to be allowed to act as the next friend of his minor brother. Notices were issued to the judgment-debtors to appear on December 10th, 1910, and show cause why this application should not be granted. In the meantime Jokhi Parshad died; and on November 24th, 1910, the Pleader whom he had engaged informed the Court of this fact and stated that he had no instructions to proceed further with the application. The Court took note ...
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