Allahabad Court November 1925 Judgments

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Nov 03 1925

Darbari Lal and anr. Vs. Mt. Parbati and ors.

Court: Allahabad

Decided on: Nov-03-1925

Reported in: AIR1926All256

Kanhayia Lal, J.1. The defendants-appellants Darbari Lal and Shankar Lal held certain mortgages from Raghunath Singh. On foot of those mortgages they obtained decrees against Mt. Parbati, the widow of Raghunath Singh. Raghunath Singh had two brothers, Hulas Singh and Srikishun Singh. The plaintiffs-respondents are the descendants of Hulas Singh and Srikishun Singh. Their allegation was that Raghunath Singh, Hulas Singh and Srikishun Singh formed members of a joint Hindu family, that the property mortgaged by Raghunath Singh was the joint family property of the entire family, and that Raghunath Singh had no right to mortgage any portion of the same without any lawful necessity. It was further alleged that the decrees obtained on the basis of those mortgages were not binding on the plaintiffs because they were not made parties to the decrees or to the suits in which those decrees were passed. In fact they asserted that the name of Mt. Parbati, the widow of Raghunath Singh, was entered in...

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Nov 03 1925

Banwari Vs. Emperor