Allahabad Court December 1928 Judgments
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Kunj Behari Singh and ors. Vs. Bindeshri Prasad Singh and ors.
Court: Allahabad
Decided on: Dec-20-1928
Reported in: AIR1929All207
1. This is a plaintiffs' appeal arising out of a suit on the basis of two mortgage-deeds for recovery of the principal and interest due on them. Previous to this litigation there was a suit instituted by the plaintiffs which was compromised, and the compromise decree is printed on p. 63 of the paper-book, tinder that decree it was agreed that the amount due on the two bonds would be Rs. 18,750-2-0 and that simple interest on that sum would be paid at the rate of eight-annas % per mensem from the date of the execution of the 'document' up to the date of realization. Five instalments were fixed, the first one was of Rs. 3,750-0-4 payable with interest on 15th June 1924. There was an express provision that in default of payment of any instalment it was to be paid in a lump sum. There were further provisions in the decree which showed that the effect of the regular payment would be to prevent the mortgagees from bringing any suit to recover the amount due on the decree. The plaintiffs clai...
(Sah) Dharam NaraIn and anr. Vs. Gur Saran and ors.
Court: Allahabad
Decided on: Dec-20-1928
Reported in: AIR1929All404
1. This is a plaintiffs' appeal arising out of a suit by the reversioners of Sah Madhuri Saran for a declaration that the adoption of defendant 1 by defendant 2 his widow was invalid and that he has thereby acquired no right, nor can acquire any right in any waqf property under the management of the parties. The plaintiffs alleged that the widow had no authority from her husband to adopt a boy, that she had become a sanyasi and had no power left to adopt and lastly that under the custom of the family no outsider can be adopted. As the amended plaint stands, the plaintiffs' case further appears to be that the adoption was not in accordance with the intention and directions of the creators of the endowment, and that the adoption of the defendant qua that property was invalid and he was not entitled to succeed as a mutawalli after the death of the widow. The defendants in their written statement did not allege that Gur Saran has become by virtue of his adoption entitled to succeed to the ...
Emperor Vs. Kumera and ors.
Court: Allahabad
Decided on: Dec-18-1928
Reported in: AIR1929All650
King, J.1. This is an application by the Local Government against an order made by the learned Additional Sessions Judge of Aligarh setting aside an order made by a Magistrate of the First Class requiring four persons to give security for good behaviour in consequence of proceedings under Section 110,. Criminal P.C.2. Twenty witnesses were produced for the prosecution including both Hindus and Mahomedans who are respectable zamindars and mahajans. The evidence for the prosecution was to the effect that the accused are habitual thieves and burglars and that they belong to one gang and commit thefts together and that the people of Jalali, where they reside, are constantly complaining about their committing thefts. The Magistrate came to the following conclusion:I have considered and weighed the evidence on both sides carefully and I am perfectly satisfied with the prosecution evidence that all the accused belong to one and the same gang and habitually commit theft and burglary and that t...
Mt. Mumtaz Begam Vs. Mt. Lachhmi and ors.
Court: Allahabad
Decided on: Dec-18-1928
Reported in: AIR1929All174
Boys, J.1. This is a plaintiff's appeal arising out of a suit for redemption of what is alleged by the plaintiff to be a mortgage by conditional sale dated 14th February 1910, that is long after the Transfer of Property Act came into force. The defendant's contention is that the transaction was an out-and-out sale. Both Courts have agreed with the defendant and have dismissed the suit.2. The transaction is all evidenced by only one document. I have not had the document itself placed before me. Nor has the Court been supplied with a translation or transliteration of the document as required by the rules of the Court. From the judgment of the trial Court it is manifest that in addition to the sale there was also a clause empowering the transfer to repurchase the house that had been sold at any time within three years from the date of the sale. The trial Court has held that there was nothing to show that the relation of debtor and creditor continued to exist, that the documents of title w...
Mihi Lal Vs. Soni Ram and ors.
Court: Allahabad
Decided on: Dec-18-1928
Reported in: AIR1929All209
Niamatullah, J.1. This is a plaintiff's appeal arising out of a suit brought by him for redemption of a mortgage alleged to have been executed some time before the year 1258 Fasli, corresponding to 1850 A.D. The plaintiff is the representative-in-interest of the alleged mortgagor and the defendants are those of the mortgagee, one Mt. Jal Kunwar, wife of Umrao. The mortgaged property consists of four bighas nine biswas land situate in village Parsoli, District Muttra. The principal sum secured by the mortgage is said to be Rs. 16 only.2. The defendants denied the plaintiff's right to redeem. Bath the Courts below have found that the fact of mortgage and all the terms thereof as alleged by the plaintiff-appellant have been established by evidence. That finding has not been and cannot be questioned on second appeal before me. The only question, on which the plaintiff's right to redeem depends, is one of limitation. The Court of first instance held that the suit is within time having regar...
Bankey Behari Lal Vs. Brij Behari Lal and ors.
Court: Allahabad
Decided on: Dec-17-1928
Reported in: AIR1929All170
1. This appeal arises out of a suit for partition of joint family property in which the appellant was the plaintiff. The relationship of the parties is shown by the following pedigree:(For pedigree see p. 171)2. The plaintiff's case was that, on the death of Bhagwan Das the family estate belonged by right of survivorship, to the rest of the family consisting of the parties to the suit and that in the case of partition the plaintiff's share was one-half. The plaintiff accordingly claimed separation by metes and bounds of his one-half share. The defence was that the plaintiff had separated himself from the rest of the family during the lifetime of Bhagwan Das and that he was allotted a quarter share only to which alone he was entitled.3. The learned Subordinate Judge has held that the defendant's case was partially true that although no partition by metes and bounds took place, as alleged by the defendants, there was nevertheless enough evidence to show that the status of the family had ...
Daulat Singh Vs. Sheo Nath
Court: Allahabad
Decided on: Dec-17-1928
Reported in: AIR1929All211; 114Ind.Cas.890
Mukerji, J.1. A short history which gives rise to this appeal is this. In the year 1871, two brothers Laiq Singh and Thakur Singh sold their share in a zamindari property to Durga Singh, the predecessor-in-title of the plaintiff-respondent before me. Having regard to the fact that this sale left the vendors completely destitute, Durga Singh executed an agreement by which he allowed to each of the vendors certain lands, to be held by them rent free, till they made any attempt to transfer the same by mortgage or sale. Thakur Singh died and was succeeded by his wife, Mula Kuer. Mula Kuer is now dead and the present appellant Daulat Singh is in occupation of the land as a reversioner to Thakur Singh. The present suit was instituted on the allegation that the muaff held by Thakur Singh and after him by Mula Kuer, had been resumed by proceedings taken in Court in the year 1894 (judgment dated 18th December 1894). But since then, the defendant and his predecessor have been in possession 'with...
Gomti Vs. Kanhaiya Lal and anr.
Court: Allahabad
Decided on: Dec-14-1928
Reported in: AIR1929All115
Mukerji, J.1. This is an application by one Mt. Gomti for stay of execution of a certain decree under the following circumstances:2. Kanhaiya Lal and another hold a decree against Mt. Gomti's husband Maoon. In execution of the simple money decree a building was attached and Mt. Gomti laid claim to that building as her own property. Her objection in the execution department having succeeded the decree-holders, Kanhaiya Lal and another, instituted a suit against Mt. Gomti to obtain a declaration that the property was attachable in execution of the decree against Mt. Gomti's husband. The litigation thus started by Kanhaiya Lal and another against Mt. Gomti has come up to this stage that Kanhaiya Lal has been successful in the Court below and Mt. Gomti has filed a second appeal. Mt. Gomti's second appeal has been admitted by two learned Judges of this Court. This signifies that she has at least an arguable case. Mt. Gomti now wants that the property which she claims to be her own should no...
Jwala Debi Vs. Amir Singh
Court: Allahabad
Decided on: Dec-14-1928
Reported in: AIR1929All132
Mukerji, J.1. This appeal raises a point of law which is very interesting and which is not covered by any authority which may have been laid down before me, though many cases to be presently mentioned have been cited before me.2. The facts are these: The appellant who was the plaintiff in the Court of first instance instituted the suit for ejectment of the respondent, on the ground that he was her (plaintiff's) tenant by virtue of holding certain lands, as pasture ground. The suit involved certain plots which had been the subject of a previous litigation between the plaintiff's predecessor-in-title and the defendant. In that suit, the plaintiff's predecessor, Mt. Mubarak-un-nissa, was denied any relief, on the ground that the suit was not maintainable in the revenue Court. The defendant pleaded that the judgment in the former suit of 1912 operated as res judicata in so far as the lands common to the two suits were concerned. This contention found favour with the learned Assistant Colle...
Brij NaraIn Man Tewari Vs. Mt. Motirani and ors.
Court: Allahabad
Decided on: Dec-14-1928
Reported in: AIR1929All159
Mukerji, J.1. The defendant is the appellant before this Court. The history of the case briefly is this:2. One Jaisri was an occupancy tenant of the plaintiff-respondents. The latter obtained a decree for arrears of rent against Jaisri in respect of a holding which comprised the plot 1710. The arrears of rent not having been paid, an application was made for ejectment of Jaisri from his holding. Opportunities were granted from time to time to Jaisri to pay up, but ultimately he failed to pay and on 21st October 1918 Jaisri was formally ejected from his holding. On plot 1710 there stood 9 trees. This plot had been, attached in execution of a simple money decree obtained by the defendant against Jaisri. The defendant brought this plot to sale on 24th July 1918 and purchased it himself. He obtained possession through the execution Court on 4th May 1919, i.e., much after the plaintiffs had been put in possession of the land.3. The plaintiffs came to Court on the allegation that the defenda...
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