Allahabad Court June 1922 Judgments
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Dalip Singh Vs. Khurshed Husain
Court: Allahabad
Decided on: Jun-01-1922
Reported in: (1922)ILR44All706
Lindsay and Kanhaiya Lal, JJ.1. This appeal arises out of a suit brought by the plaintiff (appellant) for the recovery of money due on account of cloth supplied to and money borrowed by the defendant. The defence, so far as it is material for the purpose of this appeal, was that the defendant was, at the time of the alleged transactions, a ward of the Court of Wards and, therefore, incompetent to enter into a contract, to make him pecuniarily liable under Section 37 of the Court of Wards Act.2. The court of first instance decreed the claim; but the lower appellate court set aside the decree. The view taken by the court of first instance was that the defendant was a ward as regards the property which he had inherited from Musammat Ahmadi Begam, but was not a ward as regards the property which he owned in his own right. The lower appellate court, however, held that he was a ward with respect to both the properties.3. It appears that Musammat Ahmadi Begam was the owner of certain property...
Jai NaraIn Singh and anr. Vs. Gita Pershad and ors.
Court: Allahabad
Decided on: Jun-01-1922
Reported in: 70Ind.Cas.862
1. This is an appeal by defendants Nos. 4 and 10, arising out of a suit by certain reversioners for a declaration that a certain auction sale which took place on the 23rd of July 1917 in execution of a decree dated the 10th of January 1914 is null and void and that the purchase made by Ram Ratan Singh, defendant, is not binding on them.2. It appears that in 1910 a suit, numbered as 1913 of 1910, was instituted for the sale of the property in question, on the basis of an unregistered mortgage-deed alleged to have been executed on the 6th January 1895 by Ram Rup, the husband of Musammat Kunj Dei, and the father of Rudra Prasad, who was the husband of Musammat Ram Peari. In this suit were impleaded, Kunj Dei, the widow of Ram Rup and Musammat Ram Peari, his daughter-in-law. It appears that the plaintiff's father Durga Charan Pande, claiming to be the immediate reversioner interested in the property, intervened and applied to the Court to be made a party. On his application he was actually...
Daleep Singh Vs. Khurshed Husain
Court: Allahabad
Decided on: Jun-01-1922
Reported in: 68Ind.Cas.747
1. This appeal arises out of a suit brought by the plaintiff-appellant for the recovery of money due on account of cloth supplied and money borrowed by the defendant, The defence, go far as it is material for the purpose of this appeal, was that the defendant was, at the time of the alleged transactions a ward of the Court of Wards and, therefore, incompetent to enter into a contract, to make him pesunierily liable, under Section 37 of the Court of Wards Act.2. The Court of first instance decreed the claim; but the lower Appellate Court set aside the decree. The view taken by the Court of first instance was that the defendant was a ward as regards the property which he had inherited from Musammat Ahmadi Began) but Was not a ward as regards the property which he Owned in his Own right. The lower Appellate Court, however, held that he was a ward with respect to both the properties.3. It appears that Musammat Ahmadi Begam was the owner of certain property, the superintendence of which was...
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