Allahabad Court March 1923 Judgments
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Musammat Aliman Begam Vs. Ali Hasan and anr.
Court: Allahabad
Decided on: Mar-07-1923
Reported in: 73Ind.Cas.1029
1. This appeal arises out of a suit brought by the plaintiff-appellant on the ground of pre-emption under the Muhammadan Law. The claim was decreed by the Court of first instance. The Appellate Court, however, took a different view, and dismissed the claim. The ground upon Which the Appellate Court dismissed the claim was, that the second demand, known under the Muhammdadan Law as 'talab-i- istishhad' was not carried out by the plaintiff-appellant as required by the Muhammadan Law. It appears that the vendees were husband and wife. The pre-emptor went to the house of the vendees and sent for the husband, who came out. In the presence of the witnesses the pre-emptor made a second demand, the husband list end to it. The wife was admittedly not present at the time when the second demand was made. The Muhammadan Law requires that the second demand should be made either in the presence of the vendor or the vendee or on the property, that is the subject of pre-emption. The singular words, 'v...
Chhabbu Lal Vs. Ram Chandar and ors.
Court: Allahabad
Decided on: Mar-06-1923
Reported in: (1923)ILR45All445
Ryves and Daniels, JJ.1. This appeal raises an interesting and difficult question. Chhabbu Lal, the plaintiff, sued his cousin, Ram Chandar, and the two sons of Ram Chandar for partition of the joint family property. The parties are descended from a common ancestor, Ganga Prasad, who was a pragwal. The family property consisted of land, houses and birt jajmani. The defendants admitted that the family had been joint and that the plaintiff was entitled to partition but pleaded that a partition had, in fact, already taken place and that a suit would not lie for a second partition. With regard to the birt jajmani the defendants pleaded that, it had already been partitioned in the only way in which partition was possible, that is to say, it had been agreed to divide the income. In this appeal we are only concerned with two items: (1) a certain house built on land bounded by the letters B.C.H.E. on the map on the record and (2) the birt jajmani. Dealing with the second item first, the trial ...
Lala Makkhan Lal Vs. Kishun Lal and ors.
Court: Allahabad
Decided on: Mar-06-1923
Reported in: AIR1923All454; 74Ind.Cas.320
Gokul Prasad, J.1. The facts which have given rise to this appeal are as follow? On the 15th of July 1868 the predecessors-in-title of the plaintiff and defendant second party executed a usufructuary mortgage in favour of Makkhan Lal, defendant first party. On the 19th of July 1860 the same mortgagors executed another mortgage in favour of Makkhan Lal, aforesaid, to secure a further advance of Rs. 300 on the same property. It was, however, agreed that in case interest was not paid annually the mortgagee could, if he so desired, sue to recover the money due on the second mortgage. It was also agreed that the first mortgage would not he re deemed without the redemption of the second mortgage being effected. The present suit was brought by the plaintiff-appellant for redemption of the mortgage of the 15th of July 1868. The prior mortgagee pleaded in defence that the plaintiff must, redeem the second mortgage of the 19th of July 1869 also. The First Court held that the plaintiff had a righ...
Ram Chander and ors. Vs. Chhabbu Lal
Court: Allahabad
Decided on: Mar-06-1923
Reported in: 75Ind.Cas.323
1. This appeal raises an interesting and difficult question. Chabbu Lal, the plaintiff, sued his cousin, Ram Chander, and two sons of Ram Chander for partition of the joint family property. The panties are descended from a common ancestor, Ganga Prasad, who was a pragwal. The family property consisted of land, houses and birt jajmant. The defendants admitted that the family had been joint and that the plaintiff was entitled to partition but pleaded that a partition had in fact already taken place and that a suit would not lie for a second partition. With regard to this birt jajmant the defendants pleaded that it had already been partitioned in the only way in which partiton was possible, that is to say, it had been agreed to divide the income. In this appeal we are only concerned with two items (1) a certain house built on land bounded by the letters B.C.H.E. on the map on the record, and (2) the birt jajmant. Dealing with the second item first, the Trial Court held that it was impossi...
Shaikh Sajjad HusaIn Vs. Shaikh Wali Muhammad and anr.
Court: Allahabad
Decided on: Mar-06-1923
Reported in: AIR1923All451; 73Ind.Cas.1030
Gokul Prasad, J.1. It appears that one Tajammul Husain owned a one-anna-six-pie Zemindari share and was in cultivatory possession of certain plots of sir land. He made a gift of one-anna-two-pie share to Wali Muhammad, Musammat Butan Bibi and Musammat Majidan Bibi. The defendant, Tufail Ahmad, is an heir of Musam-m%t Majidan Bibi. Later on, he sold the remaining four-pie share to Ali Kibir and thus became an ex-proprietary tenant of the plots of sir appertaining to that share. He alleged that the defendants were subtenants of the plots appertaining to the aforesaid share and sued for their ejectment. In all, there were five suits by the plaintiff, Sajjad Husain, who claimed title as a daughter's son of the late Tajamnml Husain. The suits related to various plots of sir land. The suits were Nos. 321 to 325 of 1916.2. The defence pleaded was that the plaintiff was not an ex-proprietary tenant and that no relation of landlord and tenant subsisted between the parties.3. The Trial Court fou...
Sahu Govind Prasad and ors. Vs. Kundan and ors.
Court: Allahabad
Decided on: Mar-05-1923
Reported in: AIR1924All112; 74Ind.Cas.760
1. This appeal arises out of a suit brought by the plaintiffs for possession of certain sites in the town, of Najibabad on the ground that the transfer of these sites to the transferees was illegal, the allegation being that the transferors were the raiyats of the plaintiffs who were the zemindars of the village, The main defence was that the defendants-vendors were not the raiyats of the plaintiffs but were entitled as of right to dispose of the sites of their houses as they chose, and that the plaintiff's suit was barred, by twelve years limitation. Both Courts have found that the Muhalla of Zabtaganj, which is now a part of the town of Najibabad, belonged to the plaintiff's predecessors and that the plaintiffs, therefore, must be considered to be the Zimindars; but both Courts have also found that the so-called raiyats are not tenants of the plaintiffs and pay them no rent, and that they have exercised full proprietary rights over their houses and have transferred them freely as of ...
Prag NaraIn and anr. Vs. Jwala Prasad and ors.
Court: Allahabad
Decided on: Mar-03-1923
Reported in: AIR1923All458; 74Ind.Cas.666
1. This appeal raises a point of law under the Bundhelkhand Eand Alienation Act. A decree had been passed against Jwala Prasad, one of the plaintiffs, on a mortgage in favour of the defendants, Prag Narain and Beni Prasad. The decree is not-before us but it appears tha it was transferred tothe Collector under Section 17 of the Act, inasmuch as the mortgagees were not members of an agriculture tribe The first plaintiff, Jawala Prasad, was owner of an undivided share in a 5 annas 4 pie; patti. The rents, of the entiiepatii were collected by the Lambardar who, as it hajppenec: was at that tittie Jwala Prasad himse lf, The share mortgaged was a 10 pie undivided share out of this patti. The Collector, purporting to act under the provisions of Section 6 of the Act. Elected certain specific plots which he considerd to be the equiva-lant of a 10 pie share and gave the defendants a usufructary mortgage of these plots 'for a term of 20 years. The present suit was brought by Jwala Prasad and the ...
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