Allahabad Court June 1919 Judgments
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Niadar Singh Vs. Sabit Khan and ors.
Court: Allahabad
Decided on: Jun-06-1919
Reported in: AIR1919All222(2); 51Ind.Cas.553
1. The question in this case is whether the house of an agriculturist, which has been found to be appurtenant to his agricultural holding, is liable to sale in execution of a decree obtained upon a mortgage of the house made by the agriculturist. The appellant relies on the decision of the Full Bench in Bhola Nath v. Musammat Kishori 11 Ind. Cas. 646 ; 34 A. 25 ; 8 A.L.J. 1045. In that case the view seems to have been taken that the house of an agriculturist which was mortgaged by him was liable to sale in execution of a decree, provided that it did not appertain to his agricultural holding. As in this case it has been found that the house appertains to the agricultural holding of the respondents, it is not liable to sale having regard to the provisions of Section 60 of the Code of Civil Procedure. We dismiss the appeal with costs....
Musammat Rukmina Kuar and ors. Vs. Sheo Dat Rai and anr.
Court: Allahabad
Decided on: Jun-02-1919
Reported in: AIR1919All224; 51Ind.Cas.576
1. We agree with the view taken by the learned Judge of this Court. The decree was one for delivery of possession passed on the 22nd of January 1894 on the basis of an arbitration award. It provided that the plaintiffs decree holders were to get possession upon payment of Rs. 750 to the defendants in any year in the month of Jeth. The money was deposited on the 15th of June 1915 and the application for execution was made on the 29th of June 1916. It was contended that the application was time barred. The learned Judge of this Court has held that the application was not barred by limitation. Article 182 of the Limitation Act applies to cases in which the decree is capable of execution on the date on which it was passed, except in the circumstances mentioned in some of the special clauses to the Article. The decree in this case was not capable of execution on the date on which it was passed. Therefore, if Article 181 is applicable to the present case, limitation would run from the date o...
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