Allahabad Court June 1928 Judgments
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Mt. Musharraf Begam and ors. Vs. Mt. Sikandar Jehan Begam
Court: Allahabad
Decided on: Jun-20-1928
Reported in: AIR1928All516
1. This is an appeal from a judgment of the Additional Subordinate Judge of Allahabad, giving the plaintiff-respondent a decree for a declaration that certain properties named in the plaint are wakf properties, and for possession thereof as mutwalli, and a sum of nearly Rs. 2,000 mesne profits which had been realized by some of the defendants from the property during the period of their possession and that of the Receiver. The property concerned was owned by one Arab Ali Khan, a resident of Allahabad city, it is mostly zamindari property in the three parganas of Arail, Sikandra and Chail, a consideration the importance of which will become clear later on. There is also some land occupied by the houses of tenants or lying waste in the city of Allahabad. The plaintiff-respondent Mt. Sikandra Begam is the daughter-in-law of Arab Ali Khan, and she claimed possession as mutwalli under the terms of a deed of wakf said to have been executed by Arab Ali Khan on 14th April 1919. The first three...
Sohan Lal and ors. Vs. Mohan Lal and ors.
Court: Allahabad
Decided on: Jun-20-1928
Reported in: AIR1928All726; 118Ind.Cas.177
Mukerji, J.1. This case has been referred to a Bench of three Judges for the decision of points of law which will be presently stated. It will be necessary to state briefly the facts of the case in order to see how the law applies and what rule of law will be applicable.2. The facts that have been found by the lower appellate Court and which, therefore, have been accepted for purposes of the determination of the points of law, are these: There was an usufructuary mortgage of a certain house property made in the year 1873. It was made for the sum of Rs. 1,000. In course of time the property came to be owned by one Damodar who, therefore, represented the original mortgagor. In course of time the mortgagee's interest came to be owned by the defendant, Ragha Mal. Ragha Mal was defendant 1 in the suit. He has since died and is represented on the record by his successors in-title. Damodar executed on 28th February 1901, a deed of sale in favour of Ragha Mal in respect of the mortgaged proper...
Debi Dayal Vs. Baldeo Prasad and anr.
Court: Allahabad
Decided on: Jun-19-1928
Reported in: AIR1928All491
Bennet, J.1. These are two applications in revision: 8 of 1928 by Debi Dayal, defendant 1, and 112 of 1928 by Gaya Prasad, defendant 3. The applications are directed against a decree of the Small Cause Court Judge of Cawnpore decreeing the claim of plaintiff for Rs. 235-4-0, the price of cloth. The finding of the lower Court is that 'defendants' business was a joint family business 'and' acknowledgment by the defendant 2 (Audu Narain) was sufficient to keep the claim alive against the defendants 1 and 3 also.'2. The learned Counsel for the applicant in revision has based his claim firstly on the ground that there is no evidence to prove that defendant 2 was a managing member of a joint Hindu family consisting of the other defendants. In regard to this it is sufficient to say that it is not found that he was a managing member. The second ground of objection is that because the plaintiff dealt with defendant 1 and defendant 2, the 'acknowledgment by defendant 2 could not bind defendant 1...
Muhammad Shafiq Ahmad Vs. Muhammad Mujtaba and anr.
Court: Allahabad
Decided on: Jun-19-1928
Reported in: AIR1928All660a
Weir, J.1. This appeal arises out of a suit for the following reliefs: First, a declaration that the right of defendant 1 to remain mutwalli of certain waqf property has become extinct, and that the plaintiff is entitled to possession of the waqf property as mutwalli, and that he may be put in possession of it as such. Secondly, a declaration that a sale-deed of 5th October 1920 by which defendant 1 transferred a certain portion of the waqf property to defendant 2 is void, and that defendant 2 may be ejected from that property and the plaintiff put in possession of it as mutwalli. The plaintiff is the eldest son of defendant 2, and the waqf in question was created by the father of defendant 1 by a deed dated 13th September 1919. The deed declares that the waqif makes 'a waqf for self and children'' in respect of his immovable property specified at the foot of the deed, and that the property 'shall henceforward be property dedicated to God.' The deed contains the following provisions: T...
Alliance Bank of Simla Ltd. (In Liquidation) Vs. Faiz-i-am High School ...
Court: Allahabad
Decided on: Jun-14-1928
Reported in: AIR1928All458
1. A suit was filed by the Liquidator of the Alliance-Bank of Simla, Ltd., against six defendants, and defendant 3 is described in the original plaint, which is in English, as Sh. Bashir Uddin Sahib rais Lalkurti Bazar, Meerut Cantonment. The suit was partly decreed, but in the decree that was prepared by the office of the learned Subordinate Judge of Meerut, defendant 3 is described as Sh. Rashid Uddin Sahib, rais Lalkurti Bazar, Meerut Cantonment. When the Liquidator of the Alliance Bank filed an appeal against that decree the persons who were impleaded as respondents were the persons mentioned in the decree, and No. 3 was Sh. Rashid Uddin rais Lalkurti Bazar, Meerut Cantonment. When the appeal was ready for hearing the learned Counsel for the appellant discovered that Bashir Uddin defendant 3, had not been made a party-respondent. He therefore applied to this Court setting out the circumstances under which the mistake was made and which we have upon examination of the record found t...
Mt. Ram Kali and ors. Vs. Khamman Lal and ors.
Court: Allahabad
Decided on: Jun-13-1928
Reported in: AIR1928All422
1. This is an appeal from the judgment and decree of the Subordinate Judge of Moradabad dismissing the suit of the plaintiffs for a declaration that one Lala Kunja Mal was a separated Hindu who owned a one-sixth share in the zamindari and house properties scheduled in the plaint, and that the deed of partition dated 14th June 1917 executed and completed by the principal defendants and several items of transfer made by some of them were void and ineffectual against the reversionary heirs of Kunja Mal.2. A pedigree is given at p. 12 of the paper book which traces the family descent from Lala Nainsukh Mal. Kunja Mal was one out of six sons of Nainsukh. He had a son Faqir Chand, who predeceased him, leaving a widow Mt. Bishan Dei. It is not known when Faqir Chand died. Kunja Mal died on 10th or 11th April 1915 leaving a widow Mt. Gendo (defendant 26) and a daughter Mt. Ramkali (original plaintiff 1). Plaintiffs 2 and 3 are the minor sons of Mt. Ramkali by Lala Ram Chandra Sahai, and were n...
Brijbhukhan and ors. Vs. Tota Ram and ors.
Court: Allahabad
Decided on: Jun-13-1928
Reported in: AIR1929All75; 118Ind.Cas.228
Sulaiman, Ag. C.J.1. It seems to be the practice of some junior vakils to file appeals with insufficient Court-fee stamps, knowing that they are insufficient, with a view to save limitation. I think that such deliberate attempts to get round the provisions of the Court-fees Act should not be tolerated. If a litigant has not got sufficient money ready to pay the whole Court-fees, the appeal ought to be filed when such Court-fees have been made good, accompanied with an application for extension of time. But the filing of an insufficiently stamped appeal, knowing it to be defective, should not be permitted.2. No doubt the Bombay High Court has held that an appellate Court is bound to accept an insufficiently stamped memorandum of appeal and to grant time to make it good. Achut Ramchandra Pai v. Nagappa Bab [1913] 38 Bom. 41. But this view has not been followed at Patna, Ram Sahay Ram Pande v. Lachmi Narayan Singh [1917] 3 Pat. L.J. 74, nor by the Lahore High Court, Lekh Ram v. Ramji Das ...
Jagat NaraIn and anr. Vs. Mathura Das and ors.
Court: Allahabad
Decided on: Jun-12-1928
Reported in: AIR1928All454
1. This case has been referred to a Full Bench by an order of reference of the Acting Chief Justice, Mr. Justice Sulaiman, and Mr. Justice Kendall. The question with which we are concerned is the meaning and implications of the term 'benefit of the estate' as used in reference to transfers made by the manager of a Hindu joint family. The facts are simple and admitted. Nityanand had two sons, Rameshwar Prasad and Babu Partab Singh. Rameshwar Prasad had two sons Jagat Narain and Krishna Narayan. In 1864 certain property was purchased by Nityanand in the name of his wife. After the death of the parents, Rameshwar Prasad and Babu Partap Singh, on 20th January 1912, executed two sale-deeds of this property, each purporting to sell a half of one-third of mauza. Kashipur by each sale-deed. By the two transactions jointly then these two persons purported to transfer the whole of one-third of mauza Kashipur.2. It is admitted that two-thirds of mauza, Kashipur had previously been sold for Rs. 15...
irfan Ali and ors. Vs. Bhagwant Kishore and ors.
Court: Allahabad
Decided on: Jun-12-1928
Reported in: AIR1929All180
Sen, J.1. This is an appeal from the judgment and decree of the Subordinate Judge of Agra, dated 7th May 1925, dismissing the plaintiffs' suit for a declaration that the property specified in Sch. A. of the plaint was endowed property and as such was not liable to attachment and sale in execution of the decrees held by Kedarnath, defendant 2 and by Shankar Lal, defendant 3 against Hakim Saiyed Ali Ahmad, defendant 4.2. Hakim Saiyed Mubarak Ali was a Mahomedan of the Hanif sect. His estate consisted of a residential house, 6 small houses which used to be rented out for shops and zamindari shares in two villages, namely, Nagla Patam and Phulpur.3. His family consisted of his wife, Mt. Sitara Begam, two sons, Hakim Saiyed Nisar Ahmad and Hakim Ali Ahmad (who figures in the suit as defendant 4) two daughters, Mt. Mustafa Begam and Mt. Murtaza Begam and a grandson named Saiyad Wahajuddin.4. On 22nd June 1909, he executed a will which sets out in detail the properties owned by him. This will...
Ram Singha and anr. Vs. Shankar Dayal and anr.
Court: Allahabad
Decided on: Jun-11-1928
Reported in: AIR1928All437
1. This is a reference to the High Court under the Tenancy Act. The facts are clearly set forth in the referring order of Mukerji, J., and it is not necessary to repeat them.2. A suit for arrears of rent was filed in the Court of the Assistant Collector when the old Tenancy Act was in force. Before it could be-decided, the new Act came into force on 7th September 1926. The suit was decreed on 23rd December 1926.3. Under the old Act a defendant had undoubtedly a right of appeal to the District Judge, if the decree went against him. Under the new Act, there is no appeal from the decision of an Assistant Collector of the first class, when the valuation of the subject-matter is less than Rs. 200.4. The point of law that arises therefore is whether the coming into force of the new Tenancy Act, under which no appeal is provided, deprives a defendant of his right of appeal, which he would have had if the old Tenancy Act had continued to be operative.5. It is admitted that there is nothing in ...
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