Allahabad Court August 1936 Judgments
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Raghubir Singh and ors. Vs. Panchaiti Akhara Bara UdasIn Nirwan and an ...
Court: Allahabad
Decided on: Aug-06-1936
Reported in: AIR1937All44
1. This is a first appeal by Raghubir Singh and others who were defendants 8 to 23 in a suit for sale on a simple mortgage. The mortgage was dated 22nd October 1907 and was for Rs. 11,000. The mortgagors were defendants 1 and 2 and the predecessors of defendants 3 to 7, so that defendants 1 to 7 now represent the mortgagors. On 9th January 1921 the mortgagors executed a sale-deed of about half their property in favour of the appellants Raghubir Singh, and others. This document is printed on pp. 31 and 32. The sale consideration was Rs. 24,000. Of this Rs. 21,800 was left with the vendees 'so that they should pay the amount to Babu Dharam Das and get the sold property released from the-mortgage.' It is to be noticed that this-payment was not to discharge the entire mortgage-debt which was by calculation about Rs. 28,000 due at that period. Subsequently on 19th April 1926 the mortgagors sold to the mortgagee one item of property arid it is admitted that the result of this sale was to bre...
Raghubar Singh and ors. Vs. Panchaiti Akhara Bara UdasIn Nirwan
Court: Allahabad
Decided on: Aug-06-1936
Reported in: 167Ind.Cas.783
1. This is a first appeal by Ragbubir Singh and others who were defendants Nos. 8 to 23 in a suit for sale on a simple mortgage. The mortgage was dated October 22, 1907, and was for Rs. 11,000. The mortgagors were defendants Nos. 1 and 2 and the predecessors of defendants Nos. 3 to 7, so that defendants Nos. 1 to 7 now represent, the mortgagors. On January 9, 1921, the mortgagors executed a sale deed of about half their property in favour of the appellants Raghubir Singh and others. This document is printed on page? 31 and 32. The sale consideration was Rs. 24,000. Of this Rs. 21,800 was left with the venders so that they should pay the amount to Babu Dharam Das and get the sold property released from the mortgage. It is to be noticed that this payment was not to discharge the entire mortgage-debt which was by calculation about Rs. 28,000 due at that period. Subsequently) on April 19, 1926, the mortgagors sold to the mortgager one item of property and it is admitted that the result of ...
Raghunath Singh Parmar Vs. Mukandi Lal
Court: Allahabad
Decided on: Aug-05-1936
Reported in: AIR1936All780; 165Ind.Cas.892
1. This is a defendant's first appeal arising out of a suit to recover damages. The facts of the case which gave rise to this appeal, can briefly be stated as follows: Mr. Mukandi Lal, plaintiff, and Sardar Bahadur Narain Singh were rival candidates from Garhwal constitutency for a seat in the local Legislative Council in 1930. The election took place on 27th September 1930. The result was that Sardar Bahadur Narain Singh was successful. On or about 13th September 1930, a leaflet styled 'yellow leaflet' was handed over by Mr. Raghunath Singh Parmar, a son-in-law of Sardar Bahadur Narain Singh, to a press in Landsdowne for publication. The plaintiff-respondent alleged that this yellow leaflet Ex. P-l contained libellous statements against him, and because of those statements which are specified in the plaint he had been lowered in the estimation of the public and, therefore, he instituted a suit against the defendant for a sum of Rs. 10,000 as damages. The defendant in his defence denie...
Shiam Lal and ors. Vs. Ram Sarup and anr.
Court: Allahabad
Decided on: Aug-05-1936
Reported in: 165Ind.Cas.352
Sulaiman, C.J.1. This is an appeal by the defendants against a decree of the learned Subordinate Judge awarding the plaintiffs, costs in full and Rs. 253-1 as interest. The circumstances are that on July 29, 1930, the plaintiffs executed a sale-deed of certain zemindari property in favour of defendants for a consideration of Rs. 5,500. Of this sum Rs. 4,500 was left with the defendants to pay the decree-holders against the plaintiffs the decretal amounts due with interest in four cases. One of these cases was compromised. In the other cases the defendants did not pay the amounts required and the result was that one plaintiff was arrested and detained for 24 hours and the property of the plaintiffs was taken in execution and sold. The claim of the plaintiffs was for the amount of Rs. 4,500 plus Re. 1 per cent, per mensem interest and this claim was based on Section 55 of the Transfer of Property Act which allows a vendor a charge for purchase money unpaid and for interest on it. Before ...
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