Allahabad Court July 1924 Judgments
Shiam Lal Vs. Koerpal and anr.
Court: Allahabad
Decided on: Jul-31-1924
Reported in: AIR1925All179; 85Ind.Cas.390
Dalal, J.1. I am of opinion that the Subordinate Judge has acted without jurisdiction in this matter. A decree passed by the Court of Small Causes of Agra was transferred for execution under Section 39 of the Civil Procedure Code to the Court of the Munsiff of Agra. The Munsiff took proceedings and finally dismissed the application for execution maintaining attachment of a house. The Munsiff then certified the result of execution proceedings under Section 41 to the Court of Small Causes. After this the appellant purchased the house. The decree-holder subsequently applied afresh to the Court of the Munsiff for execution and the appellant objected. The Munsiff held that the house having been purchased during attachment the appellant could not stop the claim of the decree-holder by virtue of his own sale-deed. On appeal it was pointed out to the District Judge that the Munsiff had no jurisdiction because he had certified the result of the execution proceedings to the Court of Small Causes...
Tag this Judgment!(Raja) Surajpal Singh Vs. Saheb Singh
Court: Allahabad
Decided on: Jul-31-1924
Reported in: AIR1925All323; 85Ind.Cas.749
Sulaiman, J.1. The only point in this case was a pure point of law, but in my opinion the view taken by the Courts below on that point is correct.2. There was a usufructuary mortgage executed on the 7th April 1891, in favour of defendant's predecessor. In 1907, the plaintiff's predecessor brought a suit for redemption of the mortgage and for recovery of a certain amount as surplus on the allegation that the mortgage debt had been satisfied out of the usufruct and that there was a balance in his favour. The Court found that the mortgage debt had been fully satisfied and had in fact been overpaid. The suit was accordingly decreed not only for possession but also for a sum of Rs. 39 as surplus profits. The plaintiff's predecessor unfortunately died soon after and no steps were taken to execute that decree. The result was that the execution of that decree became barred by time and in fact more than 12 years have expired. The plaintiff then instituted a fresh suit for redemption alleging th...
Tag this Judgment!Jagannath Prasad and ors. Vs. Jado Rai
Court: Allahabad
Decided on: Jul-31-1924
Reported in: AIR1925All352; 85Ind.Cas.963
Neave, J.1. The issue remanded to the Court below has been decided in the affirmative, the learned Subordinate Judge holding, as the Munsif did before him, that the loan taken by the ladies was for legal necessity. This finding has been challenged on the grounds that it is based only on recitals in the deed itself and because no notice was given by the lower Court to the respondent to appear on the date fixed for determination of the issue. The latter ground has not been pressed. As regards the former the learned Subordinate Judge has considered other evidence which he has held to corroborate the recitals in the deed and to prove that actually be money was applied to the purpose alleged therein.2. We have it then that Mt. Katori lent money to the widow of Asharfi Lal for legal necessity and secured the debt by the execution of the mortgage bond. The property secured proving insufficient she obtained a decree for the balance under Order 34, Rule 6 and attached the money now in suit.3. T...
Tag this Judgment!Ambika Prasad Vs. Madho Prasad
Court: Allahabad
Decided on: Jul-31-1924
Reported in: AIR1925All621; 85Ind.Cas.868
Sulaiman, J.1. This appeal arises out of a suit brought by a grandson to set aside a Bile deed executed by his deceased mother who held the property as the only daughter. The only question before the Courts below was whether there was legal necessity and justification for the sale deed. Both the Courts have found that this was so and accordingly dismissed it. On the findings of the lower appellate Court the plaintiff's mother executed the sale-deed in order to pay off a debt which had been raised on the property by her own father, who was the last male owner of the estate, and to pay off certain debts previously raised by her for the purpose of maintaining and supporting the present plaintiff himself and for the purchase of seeds etc, for needs which have been found to constitute legal necessity. In my opinion the findings of the lower appellate Court really dispose of the appeal completely.2. It is, however, urged of behalf of the appellant that the findings are insufficient inasmuch ...
Tag this Judgment!Fateh Lal Vs. Sher Singh
Court: Allahabad
Decided on: Jul-30-1924
Reported in: AIR1925All264; 85Ind.Cas.660
Sulaiman, J.1. This civil revision arises out of certain execution proceedings. A suit was decreed and under the judgment there ought to have been an instalment decree passed against the defendant. Owing to some mistake of the office the decree which was prepared did not specifically mention that the money was payable in instalments. An application for execution of that decree was put in by the decree-holder within one year of the decree and accordingly no notice of it was issued the judgment-debtor. Among the properties sought to be attached was a Revenue Court decree in favour of the judgment-debtor. It appears from the deposition of the judgment-debtor subsequently made and the record that notices were issued to the Revenue Court requesting it to abstain from executing the decree sought to be attached until such notice was cancelled, and a notice was also sent to the judgment-debtor prohibiting him from transferring or charging the same in any way. Apparently these notices were issu...
Tag this Judgment!(Sheikh) Muhammad Habibullah Vs. R.B. Seth Tikam Chand
Court: Allahabad
Decided on: Jul-30-1924
Reported in: AIR1925All276a; 85Ind.Cas.746
1. It is objected in this appeal that the Court of Small Gauges at Agra had no jurisdiction to carry on execution proceedings on the application of the decree-holder in Execution Case No. 76 of 1923. The decree was passed by the Additional Subordinate Judge, and the application for execution was filed by the decree-holder in that Court. Subsequently on 30bh November, 1923, the District Judge of Agra transferred, for overwhelming reasons, this particular application for execution to the Court of the Small Cause Court Judge. It was argued here that the District Judge had no jurisdiction under Section 24 to do so. We are of opinion that the word 'suit' in Section 24 will include execution proceedings. This was held by this Court so far back as 1876 under Act VIII of 1859, Section 6 Gaya Pershad v. Bhup Singh (1876) 1 All. 180 (F.B.), It was pointed out that under Section 38 a decree may be executed either by the Court which passed it or by the Court to which it is sent for execution, and ...
Tag this Judgment!Pita and ors. Vs. Emperor
Court: Allahabad
Decided on: Jul-30-1924
Reported in: AIR1925All285; 85Ind.Cas.719
Boys, J.1. In this case certain persons have been prosecuted and convicted of assaulting the police and rescuing certain persona whom the police had arrested on the 28th of October, 1923. On that occasion the police were driven off after they had used their fire arms killing two men and injuring others. Later a number of villagers were arrested and were placed before a Magistrate on the 3rd of Novembar, 1923. It is a matter of complaint in this Court in revision that these accused persons were never given a reasonable opportunity of defending themselves. On the date on which they were produced in Courts the 3rd of Novembar, 1923, the Magistrate at 3-30p.m. ordered that the case should be heard the next day in the Jail. It appears from the record that practically the first step in the proceedings in the jail on the 4th which was a Sunday wag the presentation of an application by some friend of the accused asking for an opportunity to engage, a pleader and that the evidence might be take...
Tag this Judgment!Malik and ors. Vs. Emperor
Court: Allahabad
Decided on: Jul-30-1924
Reported in: AIR1925All282
Boys, J.1. This is another ease arising out of the same rioting which was the subject of Grim. Revn. No. 247 of 1924 : AIR1925All285 which I have just dealt with and which was tried by the same Magistrate. The objection taken in revision here and it was also made a ground of objection before the learned Sessions Judge is again an objection to the procedure of the Magistrate and again the facts are evidenced that the Deputy Magistrate is guided too much by the letter of the law than by the spirit and proper practice of it. In this case it has been stated on affidavit that before he passed orders in the case the Magistrate was requested to give time so that a vakil might be called from the Civil Courts to submit arguments. The Deputy Magistrate does not say that this statement i3 false but merely says that he has no recollection of having said so and that he finds no corroboration from the record. I have the statement of fact made to me in an affidavit which is moreover endorsed on the b...
Tag this Judgment!Umrao Singh and anr. Vs. Pirthi and ors.
Court: Allahabad
Decided on: Jul-30-1924
Reported in: AIR1925All369
Mukerji, J.1. The facts of this case are father complicated, but they appear to be as follows. The pedigree given in the judgment of the learned District Judge dated the 18th May, 1921, should be referred to, to understand the relationship which exists between the parties. There were three brothers, ignoring the fourth who does not count, viz., Sheo Singh, Khubi and Sobha. Sobha's son was Bawar and his wife was Mt. Dhapo. Khubi's son was Nihal. Sheo Singh's sons were Nanak and Fatte. We hear nothing as to what happened to Nanak and he was seen left out of account. Fatte's sons are the defendants. They are also the appellants in this Court. Bawar died about 50 years ago and on his death his widow married his cousin Nihal. The plaintiffs-respondents ate the sons of Mt. Dhapo and Nihal. Bawar left no issue. The plaintiffs brought the suit, out of which this appeal has arisen for the ejectment of the appellants on the ground that the plots in suit were the Sir lands of Mt. Dhapo, their mot...
Tag this Judgment!Mohd. Ibrahim Vs. Mt. Altafan and ors.
Court: Allahabad
Decided on: Jul-29-1924
Reported in: AIR1925All24
Sulaiman, J.1. Letters Patent Appeals No. 149 and No. 150 are connected and arose out of two suits, one brought by Mahomedan Ibrahim, the husband, for restitution of conjugal rights and the other brought by his wife, Mt. Altafan, for the annulment of their marriage on the ground that the husband was impotent.2. The parties were married in 1914 when the girl was about 13 years old and the husband some 3 or 4 years older. It is not disputed that for some six years after the marriage the husband and wife lived together and had access to each other. Owing to some subsequent differences the wife came away from the house and has since been living separately with her own parents.3. The Court of first instance dismissed the suit for the restitution of conjugal rights and decreed the claim for the annulment of the marriage in toto.4. On appeal the learned District) Judge camo to a different conclusion. His finding amounted to holding that the husband was not proved to be impotent and ho accordi...
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