Allahabad Court November 1932 Judgments
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ZamIn Ali and anr. Vs. Mt. Azizunnissa and ors.
Court: Allahabad
Decided on: Nov-03-1932
Reported in: AIR1933All329
Bennet, J.1. This is an appeal by the plaintiffs against a decree of the learned Subordinate Judge ofGorakhpur dismissing their suit for possession of certain property. The following pedigree is relevant: Saiyid Fateh Ali, Deceased | _________________________________________________________________________ | | | | Saiyid Saiyid Saiyid Aulad Mt. Layeq Mukhtar Ali, Jawahir Ali, Ali, Bibi, daughter deceased, died in deceased, deceased, died on (alias) 1897-98. childless. 3rd February 1918. Bachi. ___________________ | | |by by Mt. Azizunnissa Bibi, deft. 1, wife.Mt. Muniran Mt. Munna | | | Saiyid Sajjad Ali, deceased, died onMt. Pundan. | 5th April 1919. | | |________ Mt. Hajra Bibi, deft. 2, wife. | __________________________________________ | | |Saiyid Ghaffar, Saiyid Muhammad Saiyid Muhammaddeft. 3, son. Anis, deft. 4, son. Dabir Ali, deft. 5, son.2. The plaint set forth that the pro-iperty in question was owned by Saiyid Aulad Ali and that he died on 3rd February 1918 leaving defendan...
Kashi Prasad Vs. Chhabi Lal and ors.
Court: Allahabad
Decided on: Nov-03-1932
Reported in: AIR1933All410a; 145Ind.Cas.586
Mukerji, Ag. C.J.1. The only point that has been argued in this appeal is one of limitation and arises under the following circumstances. The predecessors-in-title of the plaintiffs made two usufructuary mortgages on 17th June 1907, one for the sum of Rs. 658 and the other for the sum of Rs. 115. They then on 3rd of January 1920, executed a usufructuary mortgage-deed in favour of the principal defendants to the suit, out of which this appeal has arisen, for a sum of Rs. 8,500. Out of this sum an amount of over Rs. 6,000 was left with the mortgagees for payment to creditors. Among the debts to be paid were the two mortgages of 17th June 1907. The suit was instituted on the allegation that the defendants had failed to redeem the two mortgages of 1907, and the result was that the plaintiffs were deprived of the use of the lands mortgaged. The plaintiff accordingly prayed for two reliefs. One was for damages for being deprived of the use of the property mortgaged in 1907 and the other was ...
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