Allahabad Court December 1921 Judgments
Mrs. L.E. O'Neal Vs. Ram Sukh
Court: Allahabad
Decided on: Dec-13-1921
Reported in: (1922)ILR44All239
Piggott and Walsh, JJ.1. This is a reference from the Chief Commissioner of Ajmer-Merwara. We have heard it today in the presence of counsel representing one of the parties concerned, but in the absence of the other party, Mrs. L.E. O'Neal. A communication has been received from the latter to the effect that she is not in a position to employ counsel to argue her case tout would have wished to be present in person at the hearing. As she was prevented from being present in person by the state of her health she asks us to postpone the hearing. In view of the purely legal and technical nature of the question submitted to us we find it a little difficult to understand what purpose would be served by Mrs. O'Neal being present in person. We decided in any case to hear counsel for the opposite party in the first instance, reserving the question whether we should fix a further date to permit of Mrs. O'Neal's presence after we have heard and considered his arguments. As we are prepared to retur...
Tag this Judgment!Ram Sukh Vs. Mrs. L.E. O'neal
Court: Allahabad
Decided on: Dec-13-1921
Reported in: AIR1922All46; 65Ind.Cas.103
1. This is a reference from the Chief Commissioner of Ajmere-Merwara. We have heard it to-day in the presence of Counsel representing one of the parties concerned, but in the absence of the other party, Mrs. L.E. O'Neal. A communication has been received from the latter, to the effect that she is not in a position to employ Counsel to argue her case but would have wished to be present in person at the hearing. As she was prevented from being present in person by the state of her health, she asks us to postpone the hearing. In view of the purely legal and technical nature of the question submitted to us, we find it a little difficult to understand what purpose would be served by Mrs. O'Neal being present in person. We decided in any case to hear Counsel for the opposite party in the first instance, reserving the question whether we should fix a further date to permit of Mrs. O'Neal's presence after we have heard and considered his arguments. As we are prepared to return an answer to the...
Tag this Judgment!Firm Basdeo Budhsan Vs. Niaz Ahmad Khan
Court: Allahabad
Decided on: Dec-11-1921
Reported in: 83Ind.Cas.745
Piggott, J.1. This is an application in revision against the decree of a Court of Small Causes. On a broad view of the facts I do not think that the applicant in revision has any grievance; except in a matter of detail with which I propose to deal at the conclusion of this order. The plaintiffs are a firm which had dealings with the defendant in the ordinary course of their business. They chose to bring this suit as one for the balance due on a current account between the parties. The fact is that the plaintiffs were also tenants of the defendant in respect of premises occupied by them, and they purported to credit in favour of the defendant, as against the purchases which the latter made from time to time, the amount of the rent which they owed to him. On this basis they claimed to bring their suit within limitation in respect of transactions long antecedent to the three years' period of limitation which would ordinarily govern a suit for the price of goods sold. The defendant replied...
Tag this Judgment!Ram Gopal and ors. Vs. Abdul Hakim Khan
Court: Allahabad
Decided on: Dec-09-1921
Reported in: (1922)ILR44All246
Lindsay and Gokul Prasad, JJ.1. After hearing the learned Counsel in this case we think the appeal must, fail and the judgment of the court below must be affirmed.2. The question now before us is a question of fact and there is a definite finding by the lower appellate court.3. The plaintiffs brought a suit on a mortgage and asked for sale of certain properties specified in the deed. With regard to one item of property the plaintiffs' plea was that the description of it in the mortgage-deed was wrong.4. The mortgage deed purports to show that one of the items of the mortgaged property was khewat No. 3 in mahal Jafar Beg. The plaintiffs' case was that this description was a mistake and that what was mortgaged and what was intended to be mortgaged was khata No. 3 in mahal Ismail Beg.5. It was alleged, and the fact is admitted, that the mortgagor Abdul Hakim Khan, who is the appellant here, has no interest in khata No. 3 in mahal Jafar Beg; on the other hand, it is proved that he had an i...
Tag this Judgment!Abdul Hakim Khan Vs. Ram Gopal and ors.
Court: Allahabad
Decided on: Dec-09-1921
Reported in: AIR1922All42; 64Ind.Cas.961
1. After hearing the learned Counsel in this ease we think the appeal must fail and the judgment of the Court below must be affirmed.2. The question now before us is a question of fact and there is a definite finding by the lower Appellate Court.3. The plaintiffs brought a suit on a mortgage and asked for sale of certain properties specified in the deed. With regard to one item of property the plaintiffs' plea was that the description of it in the mortgage deed was wrong.4. The mortgage-deed purports to show that' one of the items of the mortgaged property was Khawat No. 3 in Mahal Jafar Beg. The plaintiffs' case was that this description was a mistake and that what was mortgaged and what was intended to be mortgaged was Khata No. 3 in Mahal Ismail Beg.5. It was alleged, and the fact is admitted. that the mortgagor Abdul Halim Khan, who is the appellant here, has no interest in Khata No. 3 in MahalJafar Beg; on the other hand it is proved that he had an interest in Khata No. 3 in Mahal...
Tag this Judgment!Shamsher Singh and anr. Vs. Pyare Lal and anr.
Court: Allahabad
Decided on: Dec-09-1921
Reported in: AIR1922All88; 64Ind.Cas.956
1. This is an appeal by the defendants in a pre-emption suit against an order of remand. The Trial Court held that no custom of pre-emption was proved and dismissed the suit. In appeal the learned District Judge has held that the copy of the wajib-ul-arz of 1872 produced is sufficient prima facie evidence of the existence of a custom of pre-emption. He has passed an order of remand because there remained other issues to be tried out. In our opinion the quotation given by the learned District Judge from the wajib-ul-arz in question is decisive against his view. The document as it stands is a clear record of an agreement come to by the co-sharers at the time of the Settlement, The reason why there should have been such an agreement is explained by the learned District Judge himself in a later part of the judgment. Two villages were being joined and hence the co-sharers recorded their agreement that such and such rules as to pre-emption should hereafter prevail in the joint village. There...
Tag this Judgment!Jahangir Khan Vs. Syed Abdur Rahman and Musammat Amna Bibi
Court: Allahabad
Decided on: Dec-09-1921
Reported in: 64Ind.Cas.943
1. The only question at issue between the parties in the appeal before us in as to the construction of the words 'sharik aziz qarib' and 'sharik aziz baeed' The vendor is a lady who was married tirst to one Inamul Haq. After the latter's death she married one Bashir ud-din. She executed a deed of sale in respect of some of her property in favour of one of her co-sharers. The suit out of which this appeal has arisen was brought by the uncle of her deceased husband for pre emption, on the ground that under the terms of the wajib-ul-arz he had a preferential right to the vendee in spite of the latter being a co-sharer in the village. The Court of first instance dismissed the claim. On appeal the decree of the First Court was set aside. It is contended before us on behalf of the defendant vendee that the view taken by the lower Appellate, Court of the words 'sharik aziz qarib' and 'ssharik aziz baeed' is erroneous. Under the Muhammadan Law death or divorce dissolves the tie between the hus...
Tag this Judgment!Musammat Lalli and ors. Vs. Shiam Lal
Court: Allahabad
Decided on: Dec-08-1921
Reported in: (1922)ILR44All231
Pramada Charan Banerji, J.1. In the city of Agra there is a mohalla called mohalla Poorabyan in which there is a platform. To the west of that platform is the house of the defendant and between the house and the platform there was a wall in which, according to the lower appellate court, there was a niche which was worshipped by some residents of the mohalla. The present suit was instituted by two persons residing in that mohalla, one of whom stated that her father, one Pooran, had made a dedication of the land on which the platform exists to a deity called Bhuinya and that the platform had been built on the land and had been used by all the residents of the mohalla. The other plaintiff, who is a resident of the mohalla, also made statements to the same effect. Their complaint is that the defendant has set up a door in his wall and has also opened out a portion of the wall which separated his house from the chabutra and has thereby opened a passage over the chabutra. They accordingly in...
Tag this Judgment!Shyam Lal Vs. Musammat Lalli and anr.
Court: Allahabad
Decided on: Dec-08-1921
Reported in: AIR1922All16; 65Ind.Cas.259
P.C. Banerji, J.1. In the City of Agra there is a Mohalla called Mohalla Poorabyan, in when there is a platform. To the west of that platform is the house of the defendant and between the house and the platform there was a wall in which, according to the lower Appellate Court, there was a niche which was worshipped by some residents of the Mohalla. The present suit was instituted by two persons residing in that Mohalla, one of whom stated that her father, one Pooran, had made a dedication of the land on which the platform exists to a deity sailed Bhuinya and that the platform had been built on the land and had been need by all the residents of the Mohalla, The other plaintiff, who is a resident of the Mohalla, also made statements to the same effect. Their complaint is that the defendant has set up a door in his wall and has also opened out a portion of the wall which separated his house from the chabutra and has thereby opened a passage over the chabutra. They accordingly instituted t...
Tag this Judgment!Abdul Rahman and ors. Vs. Bashir-un-nissa Bibi
Court: Allahabad
Decided on: Dec-06-1921
Reported in: (1922)ILR44All244
Grimwood Mears, C.J. and Pramada Charan Banerji, J.1. This appeal was argued on the 21st of December, 1920, before a Bench consisting of the Chief Justice and Mr. Justice Knox.2. It was evident that the matter could not be disposed of satisfactorily until the Court was informed whether Muhammad Fazal Haq had left a step-sister by the name of Musammat Azmat-un-nissa. The Bench, there fore, referred that question to the lower court with instructions to decide that issue. On the 19th of November of this year the lower court reported that nobody cared to prosecute the case and, there fore, that issue had never been determined. In those circumstances Dr. Sen says very fairly that he cannot resist the judgment of the lower court on the issue as regards the share of the immovable property and mesne profits. There was also a claim for a fourth share in movables and for partition so that specific articles could be allotted to the plaintiffs. The claim as actually put forward asked that the cash...
Tag this Judgment!- ‹ Prev
- 1
- 2
- 4
- Next ›
- Last »