Allahabad Court February 1936 Judgments
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Shyam Lal Vs. Bahal Rai
Court: Allahabad
Decided on: Feb-03-1936
Reported in: AIR1936All408; 163Ind.Cas.236
Harries, J.1. This is a judgment-debtor's appeal against an order passed by the Additional Subordinate Judge of Moradabad allowing the decree-holder's application for attachment of certain property before judgment. In the year 1929 the decree-holder brought a suit upon a mortgage for the sale of certain property, the subject-matter of that mortgage. In due course he obtained a preliminary decree and then a final decree and eventually he put up for sale certain portions of the property mortgaged. By the sale of these properties the decree-holder recovered a substantial part of the sum due, but it would appear that the amount that he was likely to obtain upon the sale of the remaining property was insufficient to satisfy the whole of the debt due to him. Before proceeding with the sale of the remainder of the mortgaged property the decree-holder made an application in the Court of the Additional Subordinate Judge of Moradabad praying for the attachment of certain other property of the ju...
M. Kishan Lal Vs. Mohammad Ishaq and ors.
Court: Allahabad
Decided on: Feb-03-1936
Reported in: AIR1936All594
Rachhpal Singh, J.1. This is a plaintiff's second appeal arising out of a suit for declaration. The facts which have given rise to this appeal can briefly be stated as follows:One Mt. Ganga Devi was in possession of a certain share as a Hindu female to which she succeeded as such on the death of her mother. She obtained a decree on account of profits against Mohammad Ishaq, another co-sharer, for a sum of Rs. 101-11-4 from the Court of an Assistant Collector. There was an appeal against that decision with the result that Mt. Ganga Devi succeeded in obtaining a decree for Rs. 402-14-9. Mohammad Ishaq preferred a second appeal to this Court with the result that the decree passed by the District Judge was set aside and that of the first Court restored. Before the decision in the second appeal preferred by Mohammad Ishaq was given, Mt. Ganga Devi had applied for execution and had actually realized from Mohammad a sum of Rs. 402-14-9, in accordance with the decree passed by the District Jud...
Mt. Tijjo Vs. Chiranjilal
Court: Allahabad
Decided on: Feb-03-1936
Reported in: AIR1936All621
Rachhpal Singh, J.1. This is a plaintiff's second appeal arising out of a suit to recover a sum of money by enforcement of a charge. The facts which have given rise to this litigation between the parties can briefly be stated as follows: One Makhan Lal was the owner of extensive immoveable property in the District of Aligarh. He had a sister whose son was one Shankar Lal. Chiranji Lal is the natural father of Shankar Lal. One Mt. Tijjo was the sister of Makhan Lal's wife and it appears that she lived in the house of Makhan Lal and looked after Shankar Lal during his minority. Makhan Lal died about the year 1924. On his death Shankar Lal, son of Chiranji Lal, under the guardianship of one Babu Lal, obtained possession over the estate left by the deceased Makhan Lal.2. Shankar Lal died about the year 1926 and then dispute arose. Chiranji Lal, the natural father of Shankar Lal, claimed the properties of Makhan Lal as heir to his own son, Shankar Lal. His case was that Shankar Lal had been...
Musammat Tijjo Vs. Chiranji Lal
Court: Allahabad
Decided on: Feb-03-1936
Reported in: 162Ind.Cas.45
Rachhpal Singh, J.1. This is a plaintiff's second appeal arising out of a suit to recover a sum of money by enforcement of a charge.2. The facts which have given rise to this litigation between the parties can briefly be stated as follows: One Makhan Lal was the owner of extensive immovable property in the District of Aligarh. He had a sister whose son was one Shankar Lal. Chiranji Lal is the natural father of Shankar Lal. One Musammat Tijjo was the sister of Makhan Lal's wife and it appears that she lived in the house of Makhan Lal and looked after Shankar Lal during his minority. Makhan Lal died about the year 1924. On his death Shankar Lal, son of Chiranji Lal, under the guardianship of one Babu Lal, obtained possession over the estate left by deceased by Makhan Lal.3. Shankar Lal died about the year 1926 and then dispute arose. Chiranji Lal, the natuaral father of Shankar Lal, claimed the properties of Makhan Lal as heir to his own son, Shankar Lal. His case was that Shankar Lal ha...
Khiali Ram Vs. Bucha Ram
Court: Allahabad
Decided on: Feb-02-1936
Reported in: AIR1936All371
ORDERAllsop, J.1. This is an application for ex-tension of time for depositing a certain sum of money. The applicant was one of three defendants in a suit in a Court of Small Causes. He was not present when the suit was heard and decided but the other two co-defendants were present. The suit was for a sum of money and a decree was passed. The applicant then applied for a review of judgment although I am told that at the same time the application was so framed that it might in the alternative have been treated as an application for setting aside an ex parte decree. His application was rejected. He then came to this Court in revision and obtained an order that his application should be treated as an application for setting aside an ex parte decree and that the Court below should issue notice to the opposite party to show cause why the decree as against the applicant should not be set aside and the suit restored to the pending file. This order was subject to the condition that the applica...
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