Allahabad Court December 1925 Judgments
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Lalman and anr. Vs. Shiam Singh
Court: Allahabad
Decided on: Dec-01-1925
Reported in: AIR1926All291
1. A preliminary decree for sale of property was passed by the first Court of the Subordinate Judge of Mainpuri on the 15th of April 1921. The defendant mortgagor appealed against this decree to this Court on the 22nd of July 1921. While the appeal was pending the mortgagee applied under Order 34, Rule 5(2) of the Civil P. C, for a final decree for sale and such a final decree was passed by the Subordinate Judge on the 19th of August 1922. The appeal to this Court was dismissed with costs on the 13th of February 1924.2. The mortgagee applied to the Court of the Subordinate Judge for execution of the final decree, dated the 19th of August 1922, and to the amount of that decree he added the amount of costs granted by this Court under its decree dated the 13th of February 1924. The lower Court directed execution to take place though the judgment-debtor objected on the ground that the final decree of the 19th of August 1922 was not one binding between the parties as it was obtained on the ...
Sheoram Singh and ors. Vs. Babu Singh and ors.
Court: Allahabad
Decided on: Dec-01-1925
Reported in: AIR1926All493; 94Ind.Cas.819
Walsh, J.1. The main question which has been argued in a very interesting discussion in this appeal is the question which article of the Limitation Act applies to this mortgage. The learned Judge in the Court below has applied Article 132. If this is a mortgage by conditional sale, that would be right. We are of opinion that it is a mortgage by conditional sale. In the first place the parties so described it. That would not be conclusive, but the vernacular word employed is always used as meaning mortgage by conditional sale, and the general form of the document corresponds to such mortgages as drawn in these Provinces. In the second place, there is a provision that if default is made in payment of interest, at the time of such default the mortgage-deed shall be treated as a sale-deed. In other words, it is ostensibly a sale, or perhaps it would be more accurate to describe it as a bargain and sale to be defeated by a condition subsequent, namely, the payment of interest. But if defaul...
In Re: Musammat Durga Bai
Court: Allahabad
Decided on: Dec-01-1925
Reported in: 92Ind.Cas.482
1. This is an application in revision against an order made by the District Judge of Agra on the 30th of Maylast with regard to the disposition of the funds of certain minors by their guardian. The two children are aged respectively 13 and 14. The girl is 13, and the learned Judge, by the order complained of, has allowed Rs. 100 for the marriage of the girl, and Rs. 50 for the education of the boy. The grounds for this application are that the sum of Rs. 100 is not adequate, and that having regard to the status of the ward and the customary expenditure upon marriage ceremonies in a Hindu family, at least Rs. 500 should have been awarded. It seems to us that prima facie there is something to be said for this contention. Rs. 100 is certainly small. On the other hand it sometimes happens that people, when left to their own devices, spend proportionately a larger sum than is prudent upon marriage ceremonies and we appreciate the fact that in all probability the Judge was desirous of preven...
Lalman and anr. Vs. Chaudhri Shiam Singh
Court: Allahabad
Decided on: Dec-01-1925
Reported in: 92Ind.Cas.608
1. A preliminary decree for sale of property was passed by the first Court of the Subordinate Judge of Mainpuri on the 15th of April 1921. The defendant mortgagor appealed against this decree, to this Court on the 22nd of July 1921. While the appeal was pending the mortgagee applied under Order XXXIV, Rule 5(2) of the C.P.C. for a final decree for sale and such a final decree was passed by the Subordinate Judge on the 19th of August 1922. The appeal to this Court was dismissed with costs on the 13th of February 1924.2. The mortgagee applied to the Court of the Subordinate Judge for execution of the final decree dated the 19th of August 1924 and to the amount of that decree he added the amount of costs granted by this Court under its decree dated the 13th of February 1924. The lower Court directed execution f to take place though, the judgment-debtor objected on the ground that the final decree of the 19th of August 1922 was not one binding between the parties as it was obtained on the ...
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