Allahabad Court March 1936 Judgments
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Keshava Prasad Singh Bahadur Vs. Mt. Beni Kunwar and ors.
Court: Allahabad
Decided on: Mar-03-1936
Reported in: AIR1936All631
1. This is a plaintiff's appeal against a decree of the learned Subordinate Judge of Ghazipur dismissing the greater portion of the suit of the plaintiff, and decreeing merely a certain area A B C D E F G H I in the map printed after the plaint. The plaint says that the plaintiff, the Maharaja of Dumraon, claimed to be the owner of a certain temple in Ghazipur city on the banks of the Ganges and a garden attached to that temple, and the Court below has granted him a declaration of ownership of this temple and garden. He also claimed in the plaint a considerable area which has been added by the river Ganges by alluvion to this garden and to this temple. It is this portion of his claim which has been disallowed by the lower Court. Now it is admitted that this plot stands in a certain mahal Mianpura in Mauza Amghat, and that the defendants are the co-sharers in that mauza. The plaintiff does not claim to have owned more than the particular plot of land occupied by the temple and the grove...
Banarsi Das and ors. Vs. Collector of Saharanpur and ors.
Court: Allahabad
Decided on: Mar-02-1936
Reported in: AIR1936All712; 165Ind.Cas.498
1. This is a plaintiffs' appeal and arises out of a suit brought by them against the defendants-respondents to recover Rs. 1,54,333-1-3 on account of the balance of principal and interest on the basis of a mortgage-deed dated 22nd May 1915. The mortgage-deed was executed by Messrs. Beni Prasad, Raghunath Das and Raja Joti Prasad, who were own brothers. They had purchased the Roorkee Canal Foundry and Engineering Workshop from the Government for Rs. 3,00,000. Out of it they paid to the Government Rs. 1,80,000. The balance was to he paid by three annual instalments without interest. This balance was secured by a mortgage-deed dated 13th day of January 1916 in favour of the Secretary of State. The execution of the sale-deed by the Secretary of State was deferred till the payment of the balance in order to carry on the business; and also to pay the remaining price of the workshop purchased, the mortgagors executed the mortgage in suit in favour of the plaintiffs for a sum of Rs. 2,00,000 o...
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