Allahabad Court March 1921 Judgments
Parshotam Saran Vs. Hargu Lal and Pahladi Lal
Court: Allahabad
Decided on: Mar-04-1921
Reported in: 63Ind.Cas.837
1. This is an application for leave to appeal to His Majesty in Council from an order of this Court dismissing an appeal preferred by the applicant under the following circumstances. A decree was passed upon a mortgage for, the sale of the mortgaged property. The present applicant is the purchaser of a part of that property, fie preferred objections to the execution of the decree, but those objections were overruled by the Subordinate Judge and he ordered the mortgaged property to be sold in pursuance of the decree. The 20th of September 1920 was fixed for the sale. On the 19th of that month an application was made to this Court to say the sale. At that time no appeal from the decision of the Court below in regard to the objections preferred by the present applicant had been filed. It was during the long vacation of this Court, when ordinarily appeals are not received, that the application for stay of dale was made. The learned Judge who was the vacation Judge made an ad interim order ...
Tag this Judgment!Kalka Das Vs. Gajju Singh and anr.
Court: Allahabad
Decided on: Mar-04-1921
Reported in: AIR1921All13; (1921)ILR43All510; 62Ind.Cas.897
Tudball, Muhammad Rafiq and Ryves, JJ.1. This appeal arises out of a suit brought by the plaintiff appellant for the recovery of arrears of rent of an agricultural occupancy holding. Kalka Das, the plaintiff appellant, is the zamindar and lambardar of the village. Gajju Singh, the principal respondent in the case, is the occupancy tenant. He was declared an insolvent on the 23rd of June, 1914. On the 5th of June, 1917, Kalka Das brought the suit out of which this appeal has arisen for the recovery of arrears of rent for 1322, 1323 and 1324 Faslis in respect of the holding. The plaintiff impleaded the Receiver also as a defendant in the suit. The Receiver objected to being brought on the record on the ground that the order of the District Judge vesting the property of the insolvent in him (the Receiver) did not refer to the occupancy holding. This objection was allowed. At the time the suit was brought by Kalka Das the insolvent had not been discharged. The latter pleaded in defence tha...
Tag this Judgment!Ram Dhari Upadhia and ors. Vs. Babulal Upadhia
Court: Allahabad
Decided on: Mar-03-1921
Reported in: 65Ind.Cas.101
Walsh, J.1. In this Case it is found, (1) that the parties are rival Zemindar, (2) that with regard to No. 803/3, the plot in dispute, the plaintiff has always been in proprietary possession since Fasli 1287, (3) that in 1310 Fasli the defendants fraudulently entered the plaintiff's name as sub-tenant in the revenue records (whether with the collusion of the Patwari, as the Court below thinks, is immaterial), (4) that in 1916 the defendants obtained in the Revenue Court an ex parte decree for rent of the property for a certain period against the plaintiff as sub-tenant and that that decree has not been set aside, (5) that the present plaintiff did not come to know of that decree until his property was attached, that he had no opportunity of setting up his proprietary title, in that suit and that the decree was obtained by the defendants' fraud and clever device against the well established right of the plaintiff, (6) and that this property about Fasli 1289 was entered in the defendants...
Tag this Judgment!Misir Girdhari Lal and ors. Vs. Gobind Ram
Court: Allahabad
Decided on: Mar-03-1921
Reported in: AIR1921All171; 63Ind.Cas.25
1. This is a first appeal from a decree of the learned Subordinate Judge of Muttra on the basis of a mortgage-deed dated the 5th of November 1906. It appears that the defendant No. 1 Girdhari Lal had been dealing with the plaintiff's firm ever since the early eighties. The accounts between the plaintiff's firm and Girdhari Lal were cast up in June 1891, when a mortgage deed was given to the plaintiff's firm by Girdhari Lal for Rs 2,500. In 1906 a suit was brought on foot of the bond of the 13th Jane 1891 for recovery of the money due upon it. At the time of the institution of the suit one of the sons of the defendant, namely Manohar Lal, had been born and was alive. There was a compromise between the parties on the 7th of November 1906, under which a fresh bond was given to the plaintiff on the 5th of November 1906. After the completion of the compromise the suit was withdrawn by the plaintiff. Subsequently two more sons were born to Girdhari Lal, namely, Dwarka Prasad and Ram Das. On ...
Tag this Judgment!Musammat Hira Kuar Vs. Gambhir Singh and ors.
Court: Allahabad
Decided on: Mar-03-1921
Reported in: AIR1921All143; 62Ind.Cas.985
1. This appeal arises out of a suit for redemption of a mortgage, dated the 8th of August 1900, and for possession of the mortgaged property. The mortgage was in the form of a simple mortgage and contained in it a covenant, among other things, that the mortgagor would repay the principal amount in forty years and interest at the stipulated rate annually, and that if default be made in the payment of interest the mortgagee would be entitled to sue at once for the entire amount together with unpaid interest. On the same day the mortgagor executed a theka in favour of the mortgagee for a term of forty years, the usufruct being the same as the annual interest on the mortgage. Shortly afterwards Sadho Singh brought a suit for pre-emption, alleging that the whole of the transaction of mortgage and lease amounted in fast to a usufructuary mortgage, and succeeded. The result was that he obtained possession. The suit is brought against him, Sadho Singh, for redemption and possession. We think h...
Tag this Judgment!Muhammad Ismail and anr. Vs. Muhammad Ishaq and ors.
Court: Allahabad
Decided on: Mar-02-1921
Reported in: AIR1921All224; (1921)ILR43All508
Grimwood Mears, Kt. C.J. and Pramada Charan Banerji, J.1. This and the connected appeal No. 410 arise out of a suit brought under Section 92 of the Code of Civil Procedure. It was alleged that one Musammat Wafatan made a waqf of certain property for the construction of a mosque and that a breach of the said trust had been committed. It was prayed that new trustees should be appointed and many other reliefs were asked for.2. The alleged waqf is said to have been made under a will executed by Musammat Wafatan. That document in its preamble states that besides making a disposition of her property it was necessary to make some provision for charitable purposes for the benefit of her soul. The document then directs that her brothers Dilawar and Shukr-ullah should, as regards three shops and a house with a shop, sell the said property and with the proceeds of the tale construct a mosque. It is further provided in the document that if Dilawar and Shukr-ullah wanted to keep the property, they ...
Tag this Judgment!Ram Dhan and ors. Vs. Prayag NaraIn and ors.
Court: Allahabad
Decided on: Mar-02-1921
Reported in: (1921)ILR43All503
Grimwood Mears, Kt. C.J. and Pramada Charan Banerji, J.1. This appeal arises in a suit for possession of a village called Itaura in the district of Agra and for mesne profits. This village originally belonged to one Rao Joti Prasad, who was a man of great affluence in the district of Agra and owned considerable property. Rao Joti Prasad in his life-time caused the name of his son Bishambhar Nath to be entered in the revenue papers in respect of the village of Itaura in 1866. In the year 1869 he executed a deed of gift of the property in favour of Bishambhar Nath Rao Joti Prasad died in 1870 and after his death some disputes arose between Bishambbar Nath and his brother Amar Nath, the two surviving eons of Rao Joti Prasad. These disputes led to the execution of documents, to reference to arbitration, and finally in the year 1881 Bishambhar Nath was recognized as the owner of this village and his name continued to be recorded as such. In 1882 he made a mortgage of the village in question...
Tag this Judgment!Muhammad Shafi and anr. Vs. Nanhe
Court: Allahabad
Decided on: Mar-02-1921
Reported in: AIR1921All140; 63Ind.Cas.921
1. This appeal raises an interesting question. Nanhe, the defendant-respondent, executed a mortgage in favour of Muhammad Shafi and Ali Husain, the plaintiffs-appellants, and this is a suit by the mortgagees for sale of the property covered by that mortgage. The defense to the suit was that the mortgage had been paid off. The Courts below have come to the following findings of fast: (1) That the mortgage was executed as alleged. (2) That subsequently one Chander Sen brought a suit against Muhammad Shafi and Ali Husain, the mortgagees, for money alleged to be due to him, and Chander Sen during the pendency of that suit prayed for an injunction against Muhammad Shafi and Ali Husain to restrain them from suing on their mortgage and from recovering the mortgage money. Thereupon Nanhe appeared in Court and stated that he had paid off the mortgage money, and in proof of the fast, prod used the mortgage-deed. A temporary injunction whish had been granted to Chander Sen was thereupon set aside...
Tag this Judgment!Sheikh Muhammad Ismail and anr. Vs. Muhammad Ishaq and ors.
Court: Allahabad
Decided on: Mar-02-1921
Reported in: 62Ind.Cas.904
1. This and the connected Appeal No. 410 arise out of a suit brought under Section 92 of the Code of Civil Procedure. It was alleged that one Musammat Wafatan made a wakf of certain property for the construction of a mosque and that a breach of the said trust had been committed. It was prayed that new trustees should be appointed and many other reliefs were asked for.2. The alleged wakf is said to have been made under a Will executed by Musammat Wafatan. That document in its preamble states that besides making a disposition of her property, it was necessary to make some provision for charitable purposes for the benefit of her soul. The document then directs that her brothers, Dilawar and Shukrulla, should as regards three shops and a house with a shop sell the said property and with the proceeds of the sale construct a mosque. It is further provided in the document that if Dilawer and Shukrulla wanted to keep the property, they should devote the value thereof, which is mentioned in the...
Tag this Judgment!Ram Dhan and ors. Vs. Prag NaraIn and ors.
Court: Allahabad
Decided on: Mar-02-1921
Reported in: 62Ind.Cas.862
1. This appeal arises in a suit for possession of a village called Itaura in the District of Agra and for mesne profits. This village originally belonged to one Rao Joti Prasad, who was a man of great affluence in the District of Agra and owned considerable property. Rao Joti Prasad in his lifetime caused the name of his son Bishambhar Nath to be entered in the Revenue papers in respect of the village of Itaura in 1866. In the year 1869 he executed a deed of gift of the property in favour of Bishambhar Nath. Rao Joti Prasad died in 1870 and after his death some disputes arose between Bishambhar Nath and his brother Amar Nath, the two surviving sons of Rao Joti Prasad. These disputes led to the execution of documents, to reference to arbitration, and finally in the year 1881 Bishambar Nath was recognised as the owner of this village and his name continued to be recorded as such. In 1882 he made a mortgage of the village in question as well as of other property in favour of the Maharaja ...
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