Allahabad Court March 1927 Judgments
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Mohan Lal Vs. Kali Charan and ors.
Court: Allahabad
Decided on: Mar-28-1927
Reported in: AIR1927All513
Banerji, J.1. This is a judgment-debtor's appeal against an order of the learned Subordinate Judge of Budaun dismissing his application to set aside a sale.2. The facts of this case are that a decree was passed in favour of Lieut. Raja Kali Charan against the appellant, Lala Mohan Lal. In execution of that decree certain property was put up for sale on the 20th of April 1926. On the 17th of April 1926 an application was presented signed by the judgment-debtor and the decree-holder praying that the sale fixed for the 20th be postponed for a month and that it was unnecessary to publish a fresh proclamation for sale. Upon the application being put up, the decree-holder's pleader stated that if fresh proceedings had to be taken, he did not consent to the sale being postponed. However, the Judge declined to postpone the sale. At the sale the property was bid for by Niranjan Lal, but Niranjan Lal had the names of himself and Indar Prasad recorded by the sale officer as the purchasers of the ...
Mt. Nawasi Begam and anr. Vs. Mt. Dilafroz Begam and ors.
Court: Allahabad
Decided on: Mar-28-1927
Reported in: AIR1927All585
1. This is the application of Mt. Dilafroz Begam She asks that a sum of Rs. 2,147, which was ordered to be paid by her by a judgment of this Court of the 9th June 1926, may he reduced to the sum of Rs. 717. The position was that in a suit in which she was plaintiff this Court held that the defendant should be allowed 10 per cent. on the actual collections of certain rents. It was not the duty of this Bench nor the duty of the office, to ascertain what that amount was, but the statement having been made by this Bench, that the plaintiff would have to pay 10 per cent on the actual collections the period of the luncheon interval was given to the parties to say what that amount came to. On the return of the Court the Court was informed that the sum was Rs. 2,147, and this was the sum agreed to be the correct calculation of 10 par cent. on actual collections. We have now had a table of figures put before us and also a pedigree giving the various shares to which certain persons including Mt....
Mt. Ulfat Bibi Vs. Bafati
Court: Allahabad
Decided on: Mar-28-1927
Reported in: AIR1927All581
1. This case is a little difficult to deal with because everybody seems to have done everything he possibly could do in the matter except the right thing, but it is obvious that in this appeal we ought to try and do the right thing. There is no question of law involved so far as we can understand it, and still less is there any question of fact. A further difficulty arises as to a considerable doubt in our mind as to whether the appellant has any locus standi at all. But we are prepared to brush aside all fine points and try and put the matter straight. The position is that the minor has both parents living. They are Muhammadans, and by the Muhammadan Law the father is the natural lawful guardian until by some order of a competent Court he is deprived of his rights as such, and is automatically entitled to exercise the right of a guardian without any order of a Court appointing him, and it is correct to say, although it is irrelevant in this case, that an order appointing a person who ...
Javitri Vs. Gendan Singh and ors.
Court: Allahabad
Decided on: Mar-28-1927
Reported in: AIR1927All767a
Lindsay, J.1. The dispute in this case is with regard to certain zamindari property in a village called Nagla Anni. Admittedly this property once belonged to a man named Suchcha Ram who died in 1870. In the plaint there in exhibited a pedigree about which, except in one particular, there was no dispute in the Court below and from this it appears that Suchcha Ram had two wives, Mt. Nand Kunwar the elder wife, and Mt. Gias Kunwar the younger.2. The plaintiffs in the present suit are the daughter's grandsons and great-grandsons of Suchcha Ram through his wife Mt. Nand Kunwar. The sole defendant in the suit was Mt. Javitri, who claimed to be Suchcha Ram's grand-daughter of his daughter Mt. Parbati. In other words, Javitri was the granddaughter of Suchcha Ram's younger wife Mt. Gias Kunwar. In the Court below the plaintiffs denied the parentage of Mt. Javitri saying that she was not the daughter of Mt. Parbati. The Court below, however, has found in favour of Mt. Javitri on this point and t...
Musammat Ulfat Bibi Vs. Bafati
Court: Allahabad
Decided on: Mar-28-1927
Reported in: 102Ind.Cas.103
1. This case is a little difficult to deal with because everybody seems to have done everything he possibly could do in the matter except the right thing, but it is obvious that in this appeal we ought to try and do the right thing. There is no question of law involved so far as we can understand it, and still less is there any question of fact. A further difficulty arises as to a considerable doubt in our mind as to whether the appellant has any locus standi at all. But we are prepared to brush aside all fine points and try and put the matter straight. The position is that the minor has both parents living. They are Muhammadans, and by the Muhammadan Law the father is the natural lawful guardian until by some order of a competent Court he is deprived of his rights as such, and is automatically entitled to exercise the rights of a guardian without any order of a Court appointing him, and it is correct to say, although it is irrelevant in this case, that an order appointing a person, wh...
Lala Mohan Lal Vs. Lieutenant Raja Kalicharan Opposite Party, and Pand ...
Court: Allahabad
Decided on: Mar-28-1927
Reported in: 102Ind.Cas.126
1. This is a judgment-debtor's appeal against an order of the learned Subordinate Judge of Budaun dismissing his application to set aside a sale.2. The facts of this case are that a decree was passed in favour of Lieutenant Raja Kali Charan against the appellant, Lala Mohan Lal. In execution of that decree certain property was put up for sale on the 20th of April, 1926. On the 17th of April, 1926, an application was presented signed by the judgment-debtor and the decree-holder praying that the sale fixed for the 20th be postponed for a month and that it was unnecessary to publish a fresh proclamation for sale. Upon the application being put up, the decree-holder's Pleader stated that if fresh proceedings had to be taken, he did not consent to the sale being postponed. However, the Judge declined to postpone the sale. At the sale the property was bid for by Niranjan Lal, but Niranjan Lal had the names of himself and Indar Prasad recorded by the sale officer as the purchasers of the prop...
Sita Ram Dube and ors. Vs. Ram Sunder Prasad and ors.
Court: Allahabad
Decided on: Mar-27-1927
Reported in: AIR1928All412
Lindsay, J.1. The question for decision in this appeal is one of limitation. The trial Court and the first appellate Court dismissed the plaintiff's suit on the ground that it was barred by time. The learned Judge of this Court, whose judgment is before us in appeal, was of the contrary opinion: he has held that the suit was within time and has given the plaintiff a decree for possession.2. The facts to be considered are these: The predecessor-in-title of the plaintiff obtained a simple money decree against the grandfather of defendant 1, a minor named Babban Dube. In execution of this decree he brought to sale and purchased an undivided 1/3rd share of a house which was owned jointly by his judgment-debtor and certain others who are now represented by defendants 2 to 8. The purchase was made in the year 1900 and the purchaser, on 16th March 1903, was given formal possession over his 1/3rd joint share in the manner provided by Order 21, Rule 96, Civil P.C. The judgment-debtor, notwithst...
Babu and anr. Vs. Kishun Singh
Court: Allahabad
Decided on: Mar-26-1927
Reported in: AIR1927All496; 101Ind.Cas.687
Iqbal Ahmad, J.1. Two suits were brought by plaintiff-appellants for the cancellation of two leases of an agricultural holding and for possession of that holding on the allegation that the execution of those leases was procured by defendant-respondent by the exercise of fraud on their guardian, who was a pardanashin lady, and who had executed those leases. The allegation that fraud had been exercised was denied by the defendants and it was further urged in defence that the suit was barred by Section 202 of the Agra Tenancy Act (2 of 1901). The pleas urged in defence were overruled by the trial Court and the suit was decreed. On appeal by the defendant the lower appellate Court, being of opinion that the trial Court should have, before proceeding to decide the suit, directed the defendant in accordance with the provisions of Section 202(1) of the Agra Tenancy Act to institute a suit in the civil Court for the determination of the question of the tenancy raised by him, allowed the appeal...
Lachman Vs. King-emperor
Court: Allahabad
Decided on: Mar-25-1927
Reported in: AIR1927All473
Iqbal Ahmad, J.1. This is an application in revision by one Lachman who on failure to furnish security under Section 110, Criminal P. C, was originally ordered by a Sub-Divisional Magistrate to be detained in prison for period of three years under Section 123(1) of the Code. On a reference under Section 123(2) Criminal P.C. the order of the Magistrate was affirmed by the learned Sessions Judge with this modification that he reduced the period to two years from three years.2. Lachman was challaned in two dacoity cases by the police but was discharged in one case on the 6th of July 1926 and in the other on the 15th of July, 1926. On the latter date viz., the 15th of July 1926, on a complaint being made by the police against the applicant to the effect that he was by habit a robber and a thief, and that his being at large without giving security was hazardous to the community, an order was passed by the very Magistrate who had discharged him in the dacoity case on the same day under Secti...
Ram Bharos Pande and ors. Vs. Dhurjati Upadhiya
Court: Allahabad
Decided on: Mar-25-1927
Reported in: AIR1927All554; 101Ind.Cas.621
Mukerji, J.1. This appeal relates to two properties with respect to which the facts appear to be as follows: Mt. Naipali was the mother and Mt. Lakhpati was her daughter. Mt. Lakhpati married Batuk and the plaintiff-respondent is Batuk's brother and heir. The two properties in question were originally owned by Mt. Naipali's husband Molai. Molai purported to transfer these properties in favour of his wife by merely effecting mutation of names so far back as in 1881. Mt. Naipali, therefore, started holding adversely against her husband and it may be that she completed an absolute title in herself. It has been assumed, therefore, that Mt. Naipali was the absolute owner of the properties. She, in 1890, got the name of her daughter entered in the papers against the properties in question. No deed of gift was executed but the mutation proceedings Show that the mutation was applied for on the basis of a gift from mother to the daughter. Mt. Naipali died in 1899 and Mt. Lakhpati continued to b...
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