Allahabad Court December 1969 Judgments
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The Himalaya Bank Limited Vs. the Simla Bank Limited and anr.
Court: Allahabad
Decided on: Dec-31-1969
Reported in: (1886)ILR8All23
W. Comer Petheram, C.J.1. I am of opinion that this appeal must be allowed, and that judgment must be given in favour of the plaintiff. The real question in the case is, whether the title of the Himalaya Bank or that of the Simla Bank should prevail with respect to the mortgages executed by the defendant, Mrs. E. McMullen. The facts of the case are, that on the 30th June 1881, the defendant, Mrs. McMullen, mortgaged a house in Saharanpur to the Simla Bank, to secure a sum of money. The mortgage deed was never registered, and the amount due upon it was never paid off. On the 17th July 1883, the same mortgagor executed a mortgage-deed in respect of the same house in Saharanpur in favour of the Himalaya Bank, to secure a sum of money, and this deed was duly registered on the 10th August 1883. There is no finding on the subject, but it must be assumed for the purposes of this case that the Himalaya Bank had no knowledge of the mortgage-deed of the 30th June 1881, which at the time of their...
Chail Behari Lal Vs. Gulzarimal and anr.
Court: Allahabad
Decided on: Dec-31-1969
Reported in: 1Ind.Cas.478
1. Khurshed Bahadur, the father of the defendant, drew a Hundi for Rs. 4,000, on himself in favour of the plaintiffs and as collateral security he executed a hypothecation bond. That Hundi was renewed and four Hundis for Rs. 1,000 each and one for Rs. 451 (the latter representing the interest which had accrued on the amount of the first Hundi) were granted by him to the plaintiffs and the collateral security was continued. Khurshed Bahadur having died, the present suit was brought to recover the amounts due on the Hundis last mentioned by sale of the property hypothecated in the security bond. The defendant raised several objections to the claim, only two of which have been urged in this appeal. Those objections were that there was no consideration for the Hundis and that the debt was incurred for an immoral purpose. The Court below has overruled those objections and has granted a decree to the plaintiffs. It is contended here that the defendant has proved that the debt in question was...
Maula Bakhsh Vs. Fida Husain
Court: Allahabad
Decided on: Dec-31-1969
Reported in: [1898]21ITR145(All)
Banerji, J.1. This appeal arises out of proceedings relating to an application for an order absolute for sale under Section 89 of Act No. IV of 1882. Certain property which belonged to the appellant Fida Husain and to other persons was mortgaged by them to one Ulfat Rai in 1886. The same property was subsequently mortgaged in 1887 to Ulfat Rai and Murlidhar, the father of one Atma Rai. The second mortgage fell by partition into the share of Atma Rai, and was assigned by him to the respondent, Maula Bakhsh, so that Maula Bakhsh became the holder of the second mortgage over the property, Before the assignment to Maula Bakhsh, Ulfat Rai brought a suit for sale upon his first mortgage and obtained a decree. It is alleged that he did not make Atma Rai, who, as I have said above, was at that time, jointly with Ulfat Rai, the holder of the second mortgage, a party to that suit. In execution of the decree which Ulfat Rai obtained on his first mortgage, he caused the mortgaged property to be so...
Ramjiawan Ram Vs. Gaya
Court: Allahabad
Decided on: Dec-31-1969
Reported in: (1886)ILR8All569
Straight, Offg. C.J.1. I think this appeal fails. The Subordinate Judge, having regard to the language of the lease of the 24th July 1873, was of opinion that its proper interpretation was that it was not, as alleged by the defendant-appellant, a lease in perpetuity, or one that created any heritable interest. Now no doubt the word 'istimrari' is used in several places in this document, and it was contended by the learned Counsel for the appellant that the use of this word was sufficient of itself to show that what the parties intended was, that the lease should continue binding, not only so long as the fixed rent was paid, and that the interest granted by the plaintiff was not a mere life but a heritable interest. He supported this contention by referring us to the case of Lakhu Kowar v. Harikrishna Singh 3 B.L.R. 226 and no doubt if that authority is correct in law, it favours his view. But our attention has been called by the learned pleader for the plaintiff-respondent to a ruling ...
Munnan Misr Vs. Raghunath Kuari and anr.
Court: Allahabad
Decided on: Dec-31-1969
Reported in: (1898)ILR20All191
Blair and Aikman, JJ.1. The appellant Musammat Raghunath Kuari is the widow of one Nand Gopal, who died upwards of twenty years ago leaving certain immovable property. Nand Gopal died without any issue. On the 29th of April 1892, Musammat Raghunath Kuari executed a deed, in which, after a recital that she is in sole and exclusive possession of the above-mentioned immovable property, she declares that after her death one Hub Lal, a minor, who is unconnected with the family, shall be full owner of this property and of certain movable property. This deed was registered on the 6th of May 1892. The plaintiff, who is respondent in this appeal, is the son of Nand Gopal's sister. He came into Court on the allegation that the above deed was invalid, inasmuch as Musammat Raghunath Kuari, a childless widow, had no power to make a transfer of the property. He prayed for the cancellation of the deed. He obtained a decree from the Subordinate Judge declaring that the deed, so far as it related to th...
Queen-empress Vs. Sukha and ors.
Court: Allahabad
Decided on: Dec-31-1969
Reported in: (1886)ILR8All14
Brodhurst, J.1. When the case came before me for hearing, I saw reason to doubt the legality of the Sessions Judge's proceedings, and, at my request, first the Senior Government Pleader, and subsequently the Public Prosecutor, appeared to argue the legal point that arises in the case.2. The point for consideration is, whether the Sessions Judge was, as he supposes, competent, when the appeal was preferred to him, to have adopted either of the courses he mentions; or was merely empowered, if he considered the sentences inadequate, to have dismissed the appeal, and to have referred the case to the High Court for enhancement of sentences, under Section 439 of the Criminal Procedure Code.3. Had Act X of 1872 been still in force, the Sessions Judge, in disposing of the appeal, might, under the provisions of Section 280 of that Code, have enhanced the sentences to any punishment that the Magistrate of the first class was competent to inflict--i.e., to imprisonment of either description not e...
Basant Singh and ors. Vs. Dhan Singh
Court: Allahabad
Decided on: Dec-31-1969
Reported in: (1886)ILR8All519
Oldfield, J.1. This is an application to revise, under Section 622 of the Civil Procedure Code, an order passed under Section 206, amending a decree.2. The decree is dated the 10th July 1872; it was for partition of immoveable property, and it appears that applications to execute were made on the 20th June 1875, on the 10th June 1876, and on the 9th June 1879, when a dispute arose as to the execution in reference to a portion of the property, and the Court held that the decree was defective in its description of the property, and therefore incapable of execution. The final order was made by this Court on the 13th July 1881. On the 8th February 1882, the decree-holder sought to execute the decree in respect of other property, but execution was refused under an order by this Court dated the 17th March 1884.3. The decree-holder then applied, on the 23rd February 1885, to amend the decree, and the amendment was made on the 5th May 1885. It is not disputed that the amendment has reference t...
Akbar Yar Khan and anr. Vs. Phul Chand
Court: Allahabad
Decided on: Dec-31-1969
Reported in: (1897)ILR19All211
Blair and Banerji, JJ.1. In this second appeal the Court below has returned findings in answer to the questions put by us in a remand order framed under Section 566 of the Code of Civil Procedure. The first question we asked was:What was the income of the whole property dealt with by Asharat Khan in the deed of 1781 at the date of the document2. The finding in reply is: That the income of the whole property averaged rupees 850 per annum at the date of the disposition.3. The second was: What was the amount of expenditure required for the expenses connected with the fat eh a, also those connected with the kadam sharif, having regard to the means and position in life of the maker of that deed4. The finding on that point is: That such expenditure would amount to rupees 500 per annum.5. The third and fourth issues are as follows:Does the ceremony of the fateha involve necessarily and essentially any distribution of alms and kindred charity among the poor? Do the ceremonies and expenses conn...
Chuha Mal Vs. Har Ram
Court: Allahabad
Decided on: Dec-31-1969
Reported in: (1886)ILR8All548
Oldfield, J.1. This is an appeal from the decree of the Judge setting aside the decree of the Court of First Instance made on an award of arbitrators.2. The matter in dispute had been referred to arbitration under Section 506 and following sections, Civil Procedure Code, and a time fixed for submission of the award, which was extended the award, however, was not submitted till two days after the expiry of the time allowed.3. Objections were taken to the award by the defendant, which did not include any as to its invalidity by reason of its being submitted after the time allowed. The objections were disallowed, and the Court made a decree in accordance with the award.4. The defendant appealed to the Judge on the ground that the award was invalid, and the Judge, allowing the plea, has set aside the decree. The plaintiff now appeals to this Court, and contends that under Section 522, Civil Procedure Code, no appeal lay to the Judge, and that the defendant is estopped from raising the obje...
Hanuman Rai Vs. Udit NaraIn Rai and ors.
Court: Allahabad
Decided on: Dec-31-1969
Reported in: (1885)ILR7All917
W. Comer Petheram, C.J.1. I am of opinion that this appeal must be dismissed with costs. The sale, in respect of which the right of pre-emption is claimed, is a sale in which the right was claimed by another party, and was the subject of a compromise. The appellant urges that this compromise of a former suit had all the virtue of a private sale, and that, he being a nearer co-sharer, his right of pre-emption accrued in consequence. This action is, in effect, to have it established that another suit by the present defendant Udit Narain Rai was wrongly decreed. If we were to allow this, it would be reducing the right of action and proceedings for pre-emption to an absurdity. No sooner one suit was decreed for pre-emption, than another would be filed, and so it might go on from the nearest co-sharer's suit to the next and the next, down to the person whose interest in the village was the smallest and most remote. The Lower Appellate Court was right in dismissing the suit, and this appeal ...
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