Allahabad Court August 1943 Judgments
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Dalchand Lokman Dass Through Ram Chand Vs. Suraj Mal Sankal Chand Thro ...
Court: Allahabad
Decided on: Aug-05-1943
Reported in: AIR1943All342
Collister, J.1. This is a plaintiff's appeal under the Letters Patent from a decision of a learned Judge of this Court. On 20th April 1934 a hundi for Rs. 1115-10-0 was drawn by firm Kedar Nath Ganga Prasad. The drawee was firm Dipchand, Ganga Prasad and the payee was Ganesh Ram Dhanraj, defendant 1. On that same date defendant 1 sold this hundi to the plaintiff firm and on 23rd April 1934 the latter sold it to defendant 2, Suraj Mal Shankal Chand. The latter endorsed it to the Ahmedabad branch of the Central Bank, defendant 3, and the bank presented it for payment, but it was dishonoured. The plaintiff appellant thereafter paid defendant 2 and then he instituted this suit against the three defendants, praying for a decree against whichever of them might be found by the Court to be liable. The trial Court decreed the suit for Rupees 1094-4-0 against defendant 2 on the ground of negligence on the part of that firm. The lower appellate Court found as a fact that there had been no neglige...
Radha Kishan Vs. Umrai Singh
Court: Allahabad
Decided on: Aug-04-1943
Reported in: AIR1943All316
Iqbal Ahmad, C. J.1. This is an execution second appeal by a decree-holder against an appellate decree of the District Judge of Shahjahanpur which affirmed the decision of the execution Court of first instance dismissing an application for execution as time barred. The facts giving rise to the appeal are not in dispute and are as follows: On 16th August 1919, two persons named Ram Singh and Sheoraj Singh, hereinafter referred to as mortgagors, executed a simple mortgage in favour of Radha Kishan decree-holder appellant. After the execution of the mortgage, the mortgagors sold either the whole or a part of the mortgaged property to Umrai Singh judgment-debtor respondent. The sale in favour of Umrai Singh was subject to the mortgage of 1919. Thereafter, Radha Kishan appellant brought a suit for sale on the mortgage in the year 1931 and he impleaded the mortgagors and Umrai Singh as defendants to that suit. A preliminary decree for sale was passed in favour of Radha Kishan against all the...
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