Allahabad Court February 1938 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Achuta Nand and anr. Vs. Mahabir Prasad
Court: Allahabad
Decided on: Feb-25-1938
Reported in: AIR1938All356
Iqbal Ahmad, J.1. This is a judgment-debtors appeal and arises under the following circumstances : The plaintiff, respondent filed a suit for partition of certain properties. He also claimed a decree for money as against the defendants. A preliminary decree was passed in favour of the plaintiff directing the partition of the joint properties. By the preliminary decree, the plaintiff was further held entitled to a decree for money against the defendants as also to get his costs from the defendants. After the passing of the preliminary decree, proceedings were initiated for the preparation of a final decree. During the pendency of those proceedings, a receiver was appointed who issued notice to the parties to appear before him with a view to settlement of accounts. Before the accounts were settled, the respondent filed an application for execution praying that the amount awarded to him by the preliminary decree as well as the costs be realized by the arrest of the present appellants; the...
L. Kallu Mal and ors. Vs. Mt. Barfo
Court: Allahabad
Decided on: Feb-24-1938
Reported in: AIR1938All362
Iqbal Ahmad, J.1. The question for consideration in the present appeal is whether a decree for maintenance obtained by the respondent who was a widow of a joint Hindu family of which the appellants are the surviving male members, was a mere declaratory decree or was a decree directing the appellants to pay maintenance in future to the respondent on a specified date, and on the answer to that question depends the decision of this appeal. It has been held in Vishnu Shambhog v. Manjamma (1885) 9 Bom. 108 and Ram Dial v. Indar Kuar (1894) 16 All 179, that where, upon a suit by a Hindu widow for maintenance, the Court granted to her a decree for a past period and merely declared her right to receive future maintenance at an annual rate from the defendant, the proper way of enforcing such a decree was by means of a separate suit and that the decree as regards the future maintenance declared by it was not capable of being enforced in execution. These cases proceeded on the well-recognized pri...
NaraIn Das and ors. Vs. Firm Ghasi Ram Gojar Mal and ors.
Court: Allahabad
Decided on: Feb-24-1938
Reported in: AIR1938All353
Mohammad Ismail, J.1. This is an appeal from a decree of the learned Civil Judge of Bulandshahr which reversed a decree of the learned Munsif of Khurja. The plaintiff is a firm of commission agents. It was alleged in the plaint that the firm suffered a loss of Rs. 750-9-3 on behalf of the defendants in the purchase and storage of Bejar under the instructions of the defendants who owned a joint family firm known as Bhola Nath Narain Das. The claim was contested on various grounds by the defendants. The trial Court dismissed the claim but on appeal the decree of the Court of first instance was reversed and the suit was decreed for the entire amount against Narain Das and for Rs. 466-14-0 against the remaining defendants. The defendants have now come to this Court in appeal.2. The first point argued on behalf of the appellants is that the learned Civil Judge has erred in passing a decree for the entire amount claimed by the plaintiff against Narain Das. It is contended that at the worst a...
Bachcha Lal Vs. Lachman and anr.
Court: Allahabad
Decided on: Feb-24-1938
Reported in: AIR1938All388
Mohammad Ismail, J.1. This is a plaintiff's appeal arising out of a suit brought for the recovery of arrears of rent and for possession of a plot of land by the removal of a house built thereon. The suit was contested by the defendants on various grounds. The Court of first instance decreed the suit against the defendants but on appeal the learned District Judge reversed the decree of the Court of first instance on the ground that the 'sarkhat' which was the basis of the suit, was inadmissible in evidence as it was unregistered. The plaintiff appealed to this Court from the decree of the learned District Judge and a Bench of this Court set aside the decree of the lower Appellate Court and remanded the case to the trial Court under Order 41, Rule 23, Civil P.C. The learned Munsif decreed the claim of the plaintiff. On appeal the lower Appellate Court again reversed the decree of the trial Court on the ground that no notice was legally served on the defendants as required by Section 106 ...
Karan Singh and anr. Vs. Budh Sen and ors.
Court: Allahabad
Decided on: Feb-23-1938
Reported in: AIR1938All342
Mohammad Ismail, J.1. This is a plaintiffs appeal arising out of a suit for possession of a Nohra, a house and some land appurtenant to the house, on the allegation that the plaintiffs' father Pitambar Das gave the house to the defendants to reside, that the plaintiffs now require the house for their own use and therefore served notice on the defendants to make over the house to the plaintiffs, that the defendants hate refused to deliver possession of the house : hence the suit. The suit was resisted by the defendants inter alia on the grounds that the defendants were the owners of the property, that they were in adverse possession of the property, that even if they were licensees they were given the land by the predecessor of the plaintiffs for building a house and as they have spent considerable amount of money on constructing a building on the land the licence cannot be revoked and, lastly, that the suit is not maintainable for non-joinder of a necessary party. The Court of first in...
Sheikh Ibrar Ahmad and anr. Vs. Mt. Kamni Begam
Court: Allahabad
Decided on: Feb-22-1938
Reported in: AIR1938All451
Ganga Nath, J.1. This is a defendants' appeal and arises out of a suit brought against them by the plaintiff, respondent, for a declaration that the deed of gift dated 8th January 1929, executed by the plaintiff in favour of Ibrar Ahmad, since deceased, was invalid and ineffectual. The plaintiff is the step-mother of Acchi Begam, defendant 2. Ibrar Ahmad in whose favour the deed was executed was the husband of Acchi Begam. The plaintiff succeeded to some property from her son Bazaq Yar Khan on his death, which took place in 1932. The plaintiff's case is that Ibrar Ahmad made her execute the deed in question in his favour without letting her know its real nature. It was only in November 1932, when after her second marriage, which took place in April 1932, she demanded her monthly allowance of Rs. 10 from the defendants and they refused to pay it saying that she was not entitled to get any allowance, she made a search of the papers an4 obtained copies from the Registration Department tha...
Bhagwati Singh Vs. L. Kashi Narain
Court: Allahabad
Decided on: Feb-21-1938
Reported in: AIR1938All290
Bennet, J.1. These are two execution second appeals which have been referred to a Full Bench for decision. In Execution Second Appeal No. 1195 of 1935, Kashi Narain had obtained a simple money decree against the assets of Dirgpal Singh in the hands of his three brothers and his adopted son. One of these brothers was the appellant Bhagwati Singh and another was the appellant Sultan Singh. Hirday Narain had obtained a simple money decree against Sultan Singh in Execution Second Appeal No. 1196 of 1935. The lower Appellate Court has found that the family was separate. The application for execution in each case was that a lease should be granted to the decree-holder for a period of 20 years so that the decretal amount should be realized. The property had been attached before judgment. The property in question consisted of zamindari shares in villages in the Trans-Jumna Tract of Etawah district and under Section 16, Bundelkhand Land Alienation Act of 1903, which applied to this areaNo land ...
Jagannath Vs. Angad and ors.
Court: Allahabad
Decided on: Feb-21-1938
Reported in: AIR1938All363
Ganga Nath, J.1. This is a plaintiff's appeal and arises out of a suit brought by him against the defendants respondents for an injunction to restrain the defendants from interfering with the plaintiff's construction of a wall on his land, plot No. 461. The land adjoining this plot to the west belongs to the defendants and is on a higher level. The defendants contested the plaintiff's suit on the ground that they had a natural right to flow water from their land, which was on a higher level, to the plaintiff's land which was on a lower level. The lower Court has found in favour of the defendants. It has been urged by the learned Counsel for the appellant that the defendants have no such natural right. It is conceded that the defendants' land is on a higher level than that of the plaintiff's. The water from the other land which adjoins the defendants land and is on a higher level flows over the defendants' land. From there, it flows on to the land of the plaintiff. No question of any ri...
Girdhar Lal and anr. Vs. Alay Hasan Musanna
Court: Allahabad
Decided on: Feb-18-1938
Reported in: AIR1938All221
Iqbal Ahmad, J.1. The following questions of law have been referred for decision to this Full Bench:(1) Can a simple money decree with regard to the amount of compensation money received from the treasury by the appellants be passed in favour of the respondent under the circumstances of the present case?(2) What is the period of limitation for the passing of such a personal decree and when does the cause of action for the same arise?2. The circumstances referred to in question (1) are as follows : On 17th February 1915, two persons named Ganeshi Lal and B. Ram Chand, who were members of a joint Hindu family, executed a deed of simple mortgage for a sum of Rs. 8500 in favour of Syed Alay Hasan plaintiff-respondent. The stipulated period for payment of the mortgage money was five years and the cause of action for the recovery of the mortgage debt, therefore, arose on 17th February 1920. The suit giving rise to the present appeal was instituted a day before the expiry of 12 years from the...
Brij Behari Lal Vs. Phunni Lal and anr.
Court: Allahabad
Decided on: Feb-18-1938
Reported in: AIR1938All377
Bajpai, J.1. This is an appeal by Brij Behari Lal, decree-holder. He obtained a decree for Rs. 4269-13-0 on 7th November 1933 against Ganesh Prasad from the Court of the Civil Judge of Basti, and the execution application which has given rise to the present appeal was filed by Brij Behari Lal on 23rd October 1934 in the Court of the First Additional Civil Judge of Gorakhpur. The application sought the attachment and sale of certain house properties at Gorakhpur. It appears that before the present application for execution at Gorakhpur, certain proceedings were taken at Basti in the Court which passed the decree, and it is necessary to state those proceedings. As we mentioned before, the decree was obtained against Ganesh Prasad, but execution was sought against his sons. The first application was made on 19th May 1934 in the Basti Court against Ganesh Prasad under the mistaken belief that Ganesh Prasad was alive. The prayer was for the transfer of the decree to the Gorakhpur Court. Gan...
- ‹ Prev
- 2
- 3
- Next ›
- Last »