Allahabad Court December 1928 Judgments
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Mohammed Ishaq and ors. Vs. Balmakund Lal and anr.
Court: Allahabad
Decided on: Dec-05-1928
Reported in: AIR1929All116; 113Ind.Cas.762
Mukerji, J.1. This appeal No. 1024 and the connected appeals namely 1025 to 1027, arise out of four independent suits instituted by the same parties namely the respondents who were the plaintiffs in the Court of first instance, for similar reliefs.2. It appears that the plaintiffs claimed to be the owners of a plot of land bearing No. 1065, containing some trees. Adjoining this plot of land and to the east of it are two plots which are recorded in the village paper as graveyards. The plaintiff said that plot 1065 was not a graveyard but had been used as such, at the occasions complained of, by the defendants in the four suits, without any right. The relief sought for was recovery of possession and injunction.3. The defence was that the plot in question had been used from time immemorial as a graveyard and the plaintiffs had no right to stop the defendants and other Mohammedans of the community from using it as such.4. The plaintiffs adduced some documentary evidence which shows that th...
Mohammad Zahur Ahsan and ors. Vs. Mt. Maimuna and ors.
Court: Allahabad
Decided on: Dec-04-1928
Reported in: AIR1929All142
1. This is plaintiffs' appeal arising out of a suit for recovery of Rs. 8,250 as the plaintiffs' share in a dower debt.2. One Hakim Sadruddin Ahmad died on 20th October 1924 leaving three sons by his first wife Mt, Umm-i-salama, a widow Mt. Maimuna, who is defendant 1 and her three sons and two daughters who are defendants 5 and 6. The plaintiffs alleged that the contracted dower between Hakim Sadruddin Ahmad and Mt. Umm-i-salama was Rs. 11,000. Mt. 'Umm-i-salama died in 1907. Her heirs under the Mahomedan law were her husband Sadruddin and her three sons who are the plaintiff's in the suit.3. The suit was contested on the ground that the claim was statute barred and that the amount of dower of Mt. Umm-i-Salama was not Rs, 11,000 but was only Rs. 2500.4. The learned Subordinate Judge held that the claim was not barred by limitation but that the plaintiffs had failed to prove that the dower of Mt. Umm-i-Salama was Rs. 11,000. Since, however, the defendants admitted that her dower was Rs...
Chunni Lal Vs. Emperor
Court: Allahabad
Decided on: Dec-03-1928
Reported in: AIR1929All99
Dalal, J.1. There is no substance in this application. Learned counsel expects this Court to act as an automaton, and not like a person blessed with understanding, however small it may be. The question relates to the application of Rule 12, Order 16. A witness appeared before Court and was told to produce a document. He did not produce the document, and the excuse put forward by him in person was rejected by the Court. The Court thereupon proceeded to fine him Learned counsel desires me to hold that according to the terms of the Code of Civil Procedure, the Court ought to have proceeded in this way. The Court ought to have told the witness:Go out of the room, wait somewhere outside, so that I may be able to issue summons to you, and, after you disobey the summons, I may issue proclamation and attach your property. Then only can I take advantage of the provisions of Rule 12.2. This is bad sense, and I am certain that it cannot be good law. All the previous directions of the Code to issu...
Bank of Upper India Ltd. (In Liquidation) Vs. Fanny Skinner and ors.
Court: Allahabad
Decided on: Dec-03-1928
Reported in: AIR1929All161
1. This is a plaintiff's appeal arising out of a suit for sale on the basis of a mortgage-deed dated 8th December 1911, executed by defendant 1 in favour of the Bank of Upper India. In the original written statement which was filed by the principal contesting defendant on 17th July 1924, she raised various pleas including a denial of proper execution, receipt of consideration as well as some other pleas. But there was no plea that the plaintiff Bank had no locus standi to sue through its liquidator. On 10th November 1925, she filed an application stating that she had just come to know that the Bank of Upper India had sold all its assets and liens to the Trust of India and that accordingly the plaintiff had no right left to sue the defendant. In spite of objections the Court considered that this was a legal plea and framed an additional issue 8. All the other issues have been found in favour of the plaintiff, but the suit has failed on the ground that the assets of the Upper India Bank ...
Mt. Purnama Devi Vs. Ram Prasad and anr.
Court: Allahabad
Decided on: Dec-03-1928
Reported in: AIR1929All266; 118Ind.Cas.378
1. This appeal raises a question which has very recently been decided by one of us sitting with another Judge of this Court (E.F.A. No. 332 of 1926, decided on 15th November 1928). The question is, when a decree-holder is allowed to purchase the property ordered to be sold on condition that he would purchase it in full satisfaction of the decree, whether he is entitled to recover from the judgment-debtor any money that he has to pay by way of poundage. It was held in the case mentioned above that the decree-holder must pay poundage as part of the costs of the execution of the decree. We think that this view is correct, and we accordingly dismiss the appeal....
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