Allahabad Court July 1927 Judgments
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Badri Prasad Vs. Sri Thakurji Maharaj Birajman Mandir
Court: Allahabad
Decided on: Jul-15-1927
Reported in: AIR1927All638
Kendall, J.1. This appeal arises from a suit in which the plaintiff-appellant Munshi Badri Prasad, sued to compel the defendant respondent 1, Sri Thakurji Maharaj, to pay a sum of Rs. 1,400, together with interest said to be due on account of a mortgage executed in favour of the appellant in 1909; or, in the alternative, if the respondent should fail to pay that amount, that the appellant should be put in possession of the property in suit. The facts of the case are quite simple and may be briefly stated. On the 25th August 1909 Munni Lal mortgaged his zamindari to the appellant. On the 26th October 1911, he gifted the greater part of the same property to the respondent Sri Thakurji Maharaj, the idol of a temple of which the donor made his minor son Raja Ram, the manager. Mutation in favour of the temple was effected in 1915. The same year the appellant-mortgagee filed a suit for sale of the mortgaged property, but did not make Sri Thakurji or the temple a party to the suit. He obtaine...
Naubat Singh and ors. Vs. Jai Ram Singh and ors.
Court: Allahabad
Decided on: Jul-15-1927
Reported in: AIR1927All724
Dalal, J.1. The plaintiffs suit for recovery of arrears of rent from Jairam Singh has been dismissed by the lower appellate Court on the ground that a joint suit for two holdings cannot lie. In my opinion, the learned Judge is mistaken in thinking that the suit is brought for recovery of different rents of two different holdings. The engagement was a joint one. On 7th February 1912, Jairam Singh mortgaged his property to the defendant Bihari, and received from Bihari a lease for the cultivation of the sir and khudkasht land. Subsequently Jairam Singh's equity of redemption was sold and purchased by the plaintiffs, who paid off Bihari. The plaintiffs have thereupon sued on the basis of the lease of 7th February 1912. There was only one agreement for the payment of rent, and that agreement can be enforced by a single suit, though the agreement may have included sir and khudkasht land of different periods of time, In the case of Jagan Nath Prasad v. Tori [1906] 29 All. 18 it was held that...
Bharat Bhai Vs. Jai Narain
Court: Allahabad
Decided on: Jul-15-1927
Reported in: AIR1928All102; 108Ind.Cas.129
Iqbal Ahmad, J.1. This is a defendant's appeal and arises out of a suit for sale on a mortgage dated 11th April 1912, executed by Mulu, adoptive father of the defendant-appellant, for a sum of Rs. 200 with interest at 1 per cent. per mensem compoundable every six months.2. The suit was contested by defendant-appellant on various grounds, but we would notice, in the course of this judgment, only the grounds that have been argued in appeal before us.3. The defendant-appellant denied that the mortgage was executed for legal necessity, and further alleged that at the time of the execution of the deed of mortgage in favour of the plaintiff, the plaintiff was a minor, and, as such, the mortgage was void and unenforcible at law. He further resisted the suit on the ground that Mulu had, prior to the execution of the mortgage in suit, transferred the mortgaged property, by a deed of gift, to one Ram Charan, on 6th February 1901, and, as such, was not competent to mortgage the same to the plaint...
Tanni Vs. Kallu
Court: Allahabad
Decided on: Jul-15-1927
Reported in: AIR1928All106; 108Ind.Cas.133
Mears, C.J.1. About six or seven years ago Mt. Tanni had the misfortune to marry a man named Kallu. Almost from the outset Kallu habitually beat his wife and finally loft her alone in his house and went to live with his maternal uncle leaving the woman in the house without any food so that eventually she went to her mother and has been with her ever since. Kallu was unwise enough to seek the assistance of the Court in a suit for restitution of conjugal rights and he presented himself before the Court of the First Additional Munsif of Cawnpore and cut a very sorry figure before him. The Additional Munsif of Cawnpore not only considered him to be definitely lying in the witness-box but believed him to be guilty of habitual cruelty with which his wife had charged him. The young woman went into the witness-box and she detailed a long sequence of acts of cruelty extending over nearly the whole period of her married life. Her mother supported her as regards some of these matters and several ...
Sheo NaraIn Vs. East Indian Railway
Court: Allahabad
Decided on: Jul-15-1927
Reported in: AIR1928All103; 108Ind.Cas.691
Ashworth, J.1. This second appeal arises out of a suit brought by the plaintiff-appellant, Sheo Narain, against the E.I. Ry. Co. for damages on account of the failure of the defendant to deliver a consignment of ghee in its entirety, The consignment consisted of some bags of rice and 185 tins of ghee, each containing 20 seers, despatched at Maihar for delivery to the plaintiff at Allahabad. It is common ground that the consignment was in a wagon that arrived safely at Allahabad with the seals intact on 22nd April 1923. The evidence shows that the wagon was in the goods-shed on 27th April 1923. It is not clear whether it was kept outside up to that date. On that date the chaukidar reported that its seals were broken. The goods were checked on the 2nd May 1923, and found short. They were delivered to the plaintiff on 2nd May 1923. The shortage was as follows: 13 tins were missing and in three other tins the amount of ghee was only eight seers instead of 20 seers. The value claimed was Rs...
Ashiq HusaIn and ors. Vs. Chaturbhuj and anr.
Court: Allahabad
Decided on: Jul-15-1927
Reported in: AIR1928All159; 108Ind.Cas.152
Mears, C.J.1. The action, was directed by the respondents, Chaturbhuj and Girdhari Lal, against three sets of defendants under the following circumstances:2. On 1st May 1909, Syed Nazar Hussain (now dead) father of defendants 1-5, executed a simple mortgage in favour of the plaintiffs respondents for Rs. 3,000 with interest at 12 annas per cent. per mensem with half-yearly rests. The property mortgaged consisted of a 20 biswas zamindari share in qasba Amanpur mahal khewat No. 1, and a two and a half biswa share in mahal Nawazish Ali, khewat No. 3, patti Ram Lal. By a clerical error the second item of property was described in the mortgage-bond as a 2-biswa share in mahal, Nawazish Ali entered in khewat No. 2, patti Ram Lal.3. The document was registered in the office of the Sub-Registrar of Tahsil Kasganj. District Etah, on 3rd May 1909.4. The mortgagor having died without discharging his liability in whole or in part, the mortgagees brought the present suit against his heirs, defendan...
Bohra Ganga Prasad Vs. Pooran and ors.
Court: Allahabad
Decided on: Jul-15-1927
Reported in: 108Ind.Cas.157
1. This is an appeal by one of the defendants Bohra Ganga Prasad arising out of a suit for pre-emption. Bohra Ganga Prasad was the mukhtar-am of the vendor and took part in the proceedings relating to the sale of the 1st of February, 1922, to the vendee. Subsequently he purchased part of the property sold to the vendee under a sale-deed, dated the 7th of March, 1922. The vendee was a stranger to the mahal and the plaintiffs had undoubtedly preference as against him. Ganga Prasad, however, is a co-sharer and is on equal footing with the plaintiffs who have no preferential right as against him. The suit was instituted after Ganga Prasad had acquired part of the property from the vendee.2. The Courts below have held that Ganga Prasad on account of his having taken part in the negotiation relating to the sale, is estopped from resisting the plaintiffs' claim. In our opinion this view is wholly incorrect. In the first place, it is doubtful how far a mukhtar-am can be personally bound by wha...
Gopi Nath Vs. Mt. Kishni and ors.
Court: Allahabad
Decided on: Jul-14-1927
Reported in: AIR1927All634
1. Only two points have been raised in this appeal. The first is that even if Gopi Nath was not a validly adopted son, he was entitled to succeed under the will. We are unable to accept this contention, for we are of opinion that the view taken by the Courts below as regards the true interpretation of the will is correct. It was clearly intended that the property would go to Gopi Nath if he were duly adopted.2. The next contention is that the view of the Courts below that the adoption was invalid because it took place after the performance of the janeo ceremony of Gopi Nath is not sound. It is urged that this view is based on a passage in Kalika Puran which has been considered as spurious by some jurists. The learned advocate for the appellant admits that the authority in the case of Ganga Sahai v. Lekhraj Singh [1887] 9 All. 253, is against him. But he cites a passage from Dr. Sarkar's Tagore Law Lectures, 1888, pages 362 and 363 (2nd edition), where the ruling of this Court has been ...
Raj Rani Bari SinghaIn Vs. Jawahir Lal Madan Lal and ors.
Court: Allahabad
Decided on: Jul-14-1927
Reported in: AIR1928All158; 108Ind.Cas.156
Sulaiman, J.1. This is a plaintiff's appeal arising out of a suit for declaration of title. The plaintiff is the widow of Daulat Singh, deceased, whose brother is Behari Lal. In 1923 a suit was brought against Behari Lal, and on 15th May 1923 the house and enclosure in dispute in the present case were attached before judgment. On 25th June 1923 Mt. Rajrani filed a petition under Order 21, Rule 58, before the Subordinate Judge alleging that her deceased husband was separate from Behari Lal, and that the property belonged to her. Before this objection could be disposed of, Behari Lal filed an application to be adjudicated an insolvent; and a creditor applied that the District Judge should hear the objection filed by Mt. Rajrani before the Subordinate Judge. On 9th October 1923 Behari Lal was adjudged an insolvent, and on the same date the Court ordered the receiver to take possession of the property previously attached as well as certain other properties of Behari Lal.2. Mt. Rajrani file...
Ashraf Bibi Vs. Mohammed Abdul Raoof and ors.
Court: Allahabad
Decided on: Jul-14-1927
Reported in: AIR1928All180; 108Ind.Cas.113
Sulaiman, J.1. This is a plaintiff's appeal arising out of a suit for pre-emption. The plaintiff Mt. Ashraf Bibi is the own sister of the vendor Ali Ahmad. The defendant-vendees are the own uncles of Ali Ahmad, that is, his father's brothers. The case is governed by the Agra Pre-emption Act and it is obvious that the plaintiff as well as the vendees are descendants from a common ancestor of the vendor and are within four degrees. The Courts below have dismissed the suit. The learned Munsif held that Section 12, Sub-Clause (3) which gives preference in cases of near relationship applied only to the case of rival pre-emptors. The lower appellate Court is also of the same opinion. It has further expressed the opinion that, inasmuch as a sister is a sharer, whereas uncles are only residuaries, the sister is a nearer heir.2. The language of Section 12, Sub-Clause (3) is certainly ambiguous but it has been held by this Court in two reported cases. Jagrup Singh v. Indrasan Pande : AIR1926All2...
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