Allahabad Court August 1921 Judgments
Rani Dhandei Kuar Vs. Chhotu Lal
Court: Allahabad
Decided on: Aug-01-1921
Reported in: AIR1922All442; 64Ind.Cas.605
1. This was a suit in which the plaintiff claimed possession of immoveable property of the alleged value of 1 1/2 lakhs of rupees and for an account. The property consists of 26 villages, a market, groves and houses situated in Mariahu in the District of Jaunpur. It was alleged by the plaintiff that the defendant had been appointed to look after the management of this estate by one of the plaintiff's managers, but that he has been wrongfully withholding it from the plaintiff. The defendant's main contention was that he held the property under an oral perpetual lease granted in the year 1834 to his father, Gauri Prasad, At the hearing of the suit the defendant filed an application asking the Court to refer the case to the Revenue Court under the provisions of Section 202 of the Agra Tenancy Act, inasmuch as he alleged himself to be the tenant of the property. This application was acceded to by the then Subordinate Judge, and he made an order directing the defendant to institute a suit i...
Tag this Judgment!Lala Kannoo Mal and anr. Vs. Inderpal Singh and ors.
Court: Allahabad
Decided on: Aug-01-1921
Reported in: 64Ind.Cas.907
Lindsay, J.1. The principal question for discussion in this appeal is whether a deposit of mortgage-money, made by the plaintiffs in this suit under the provisions of Section 83 of the Transfer of Property Act, had the effect of stopping the running of interest.2. The fasts may be stated as follows:--The plaintiffs in the suit are mortgagees. who held under a mortgage dated the 7th of September 1913. The mortgage-money was Rs. 2,900, and out of this sum Rs. 2,425 was left to redeem a prior mortgage which was executed on the 29th of June 1910.3. The suit was a suit for sale and the defendants first party were the mortgagors. The defendants second party were the prior mortgagees.4. The earlier mortgage of the 29th of June 1910 had been executed in favour of five persons, some of whom were minors.5. On the 24th of September 1913 the plaintiff, Kannu Mal, deposited Rs. 2,425 in Court under the provisions of Section 83 of the Transfer of Property Act. At the time of making this deposit he a...
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