Allahabad Court March 1939 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.
Umrao Singh Vs. Kacheru Singh and ors.
Court: Allahabad
Decided on: Mar-14-1939
Reported in: AIR1939All415
Bennet, J.1. The question referred to this Full Bench is:Whether the property in the houses in suit passed to the plaintiff Khaoheru Singh under the auction sale of 26th January 1932, or not?2. On 2nd January 1924, Umrao Singh defendant-appellant, made a simple mortgage of his entire zamindari share in favour of Khacheru Singh and others, the plaintiffs-respondents. (The date 9th March 1918 given in the order of reference for the mortgage is admitted to be correct.) The plaintiffs sued on the mortgage and obtained a final decree, and put up the share for sale and purchased it themselves on 26th January 1932. On 11th March 1932, Umrao Singh executed a deed of gift of three houses in the abadi of the village to his daughter-in-law, Mt. Chhawari, defendant 2. On 5th September 1937, the plaintiff brought the present suit for possession of these three houses. The Courts below have decreed the suit. The case for the plaintiff is that the sale certificate in his favour stated that the entire ...
Anant Bahadur Singh and ors. Vs. Tirathraj and anr.
Court: Allahabad
Decided on: Mar-10-1939
Reported in: AIR1939All526
Iqbal Ahmad, J.1. The dispute in the suit out of which the present appeal arises was with respect to properties that belonged to one Jukhai who died about 35 or 40 years ago leaving his widow Mt. Shakunta alias Kulwanta. Jukhai owned the following three items of property at the time of his death: (1) Some zamindari or Sankalap property in village Thanapur. (2) Some zamindari or Sankalap property in village Kasgaon. (3) One house and a well. All these properties wore situated in the district of Allahabad and after the death of Jukhai the name of Shakunta was mutated in the revenue papers as regards the zamindari or the Sankalap property. It is common ground that Shakunta became the mistress of one Jawahir Singh and gave birth to at least three illegitimate children who were arrayed as defendants 2 to 4 in the suit Riving rise to the present appeal, Shankuta having been impleaded as defendant 1. The suit was filed by two brothers named Tirathraj and Ram Subhag and it has been found by th...
Abdul Rahman Vs. Mt. Bismillah Begam and ors.
Court: Allahabad
Decided on: Mar-10-1939
Reported in: AIR1939All539
Mohammad Ismail, J.1. This is a defendant's appeal arising out of a suit brought by the plaintiffs for redemption of a mortgage executed in favour of the defendant on 6th July 1928. The suit was contested by the defendant on the ground that the transaction was an out and out sale and that no suit for redemption was maintainable. The Courts below upon a consideration of evidence and circumstances came to the conclusion that the transaction was a mortgage by conditional sale and accordingly decreed the suit for redemption. It appears that the plaintiffs executed a sale deed with respect to the house in dispute for a consideration of Rs. 350. This deed was executed on 6th July 1928. On the same date the purchaser executed an agreement in favour of the vendors undertaking to retransfer the property within three years for a consideration of Rs. 350. The present suit for redemption was instituted some years after the expiry of the period provided in the deed of agreement. The question for de...
Chhitar Vs. Jai Singh and ors.
Court: Allahabad
Decided on: Mar-09-1939
Reported in: AIR1939All507
ORDERMulla, J.1. This is an application in revision under Section 115, Civil P.C. It arises out of a proceeding under the Encumbered Estates Act. The applicant Chhitar, who is a minor, brought a suit on the basis of a mortgage against the opposite party, Jai Singh, and obtained a preliminary decree on 29th January 1935 which was eventually made final on 30th November 1935. His mother Mt. Bhudei acted as his guardian for that suit. Some time after the passing of the preliminary decree but before the preparation of the final decree the opposite party, Jai Singh, along with some other members of his family made an application under Section 4, Encumbered Estates Act, on 10th September 1935. It is noticeable that this fact was not brought to the notice of the Court which had passed the preliminary decree and was proceeding to prepare the final decree. It appears that the opposite party, Jai Singh, did not put in his appearance in the course of the proceeding for the preparation of the final...
Jagdeo Dube Vs. Deoki Nath Tewari
Court: Allahabad
Decided on: Mar-08-1939
Reported in: AIR1939All495
ORDERMulla, J.1. This is a defendant's application in revision under Section 25, Small Cause Courts Act. It arises in the following circumstances. The applicant Jagdeo Dube obtained a decree against the opposite party Deoki Nath Tewari on 23rd November 1933 from the Court of Small Causes at Deoria. Deoki Nath Tewari came to Court with the allegation that he fully discharged that decree by making three payments, one of Rs. 92 on 27th June 1934, another of Rs. 50 on 12th November 1934 and the last one of Rs. 41-6-6 on 1st Chait Sudi 1935. He alleged that the applicant Jagdeo Dube to whom those payments were made had agreed to get them certified in accordance with the law by the execution Court but failed to do so in spite of repeated requests made by the plaintiff. Thereupon the plaintiff instituted a proceeding on 30th May 1935 under Order 21, Rule 2, Civil P.C., for getting those payments certified by the execution Court. In the course of that proceeding the applicant Jagdeo Dube admit...
- ‹ Prev
- 1
- Next ›