Allahabad Court July 1946 Judgments
Mohd. Basit Ali Khan and ors. Vs. Municipal Board
Court: Allahabad
Decided on: Jul-29-1946
Reported in: AIR1948All112
Verma, J.1. There are four appellants in this second appeal. The first three were plaintiffs in the suit and the fourth was defendant 2. He was impleaded as a pro-forma defendant on the allegation that he had the same rights in the subject-matter of the suit as the plaintiffs had, out was unable to join in the suit owing to absence from Agra. He has now joined the plaintiffs in bringing this second appeal. Both the Courts below have dismissed the suit.2. The facts, which are material for the purposes of the point that has to be decided in this second appeal, are as follows. The appellants are owners of certain buildings which are used as shops in Moh : Sabzi Mandi in the city of Agra. In the year 1937, they secured permission from the Municipal Board of Agra for putting up certain structures projecting into and encroaching on a street as well as overhanging a drain, and erected those structures. It appears that shortly afterwards the Municipal Board came to know that the plan which had...
Tag this Judgment!Sudama Vs. Brij Gopal Das
Court: Allahabad
Decided on: Jul-23-1946
Reported in: AIR1948All36
Verma. J.1. The appellant was an applicant under the provisions of the U.P. Debt Redemption Act for the amendment of a money decree which had been obtained by the respondent against him. The Courts below have dismissed his application.2. The material facts lie within a narrow compass and may be thus stated. The respondent gave to the appellant a theka of a zamindari and the appellant undertook to pay every year a certain sum of money to the respondent on account of the profits of the zamindari. The appellant failed to make these payments in certain years and then persuaded the respondent to accept a promissory note in lieu of the amounts which he had failed to pay. When the time for bringing a suit on the basis of the promissory note was about to expire, he again persuaded the respondent to refrain from suing and to accept a fresh promissory note. The respondent ultimately had to bring a suit on the basis of the second promissory note and obtained a decree. The application which the ap...
Tag this Judgment!- ‹ Prev
- Next ›