Allahabad Court January 1979 Judgments
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Jag NaraIn and anr. Vs. Ram Dularay and anr.
Court: Allahabad
Decided on: Jan-03-1979
Reported in: AIR1979All71
P.N. Goel, J.1. In this appeal by the plaintiffs only one point is involved and it is this whether the appellants have a right to flow dirty and rainy water of their house situate in No. 402 in village Godhna, Pargana Ghiswa, district Jaunpur towards the well of the respondents close to plot No. 403 at the north-eastern corner of the house of the respondents. The appellants filed suit for injunction on 29-10-1965.2. On 28-8-1965, the respondent No. 1 filed a complaint against the two appellants and two other persons under Sections 277, 323 and 506 (later part) I. P. C. before the Nyaya Panchayat. On 30-10-1965 a compromise Ex. A-1 was filed by the parties. According to the compromise the appellants agreed not to flow their water towards plot No. 403 and near the well of Ram Dulare respondent.3. Both the Courts below found that the plaintiffs-appellants have not acquired an easementary right to flow rainy and dirty water of their house towards plot No. 403 while recording this finding b...
Smt. Bannobi and ors. Vs. Mst. Afrozzia and ors.
Court: Allahabad
Decided on: Jan-03-1979
Reported in: AIR1979All124
Deoki Nandan, J.1. This is a plaintiffs' second appeal in a suit for specific performance of a contract of sale of a house. The original plaintiff Mohd. Ibrahim having died shortly after filing the suit, he is represented by his heirs and legal representatives. Respondents Nos. 1 and 2 are the subsequent transferees of the house which was the subject-matter of the contract of sale. The vendor, Mohd. Zia Khan, was defendant No. 3. He died during the pendency of appeal in the lower appellate court and is now represented by defendant-respondents Nos. 2 (sic) to 6.2. The plaintiffs' case was that on 17th Feb., 1964, Mohd. Zia Khan agreed to sell the house in suit to him for Rs. 12,000/-, Out of it, Rs. 6,400/- were paid that day as advance and the balance Rs. 5,600/-were payable before the Sub-Registrar at the time of the registration of the sale-deed; that the sale-deed was to be executed within a period of 5 months; that the plaintiff was in possession of the house since long before the ...
Ram Shanker Vs. Mahatma Gandhi Higher Secondary School, Jonihan and an ...
Court: Allahabad
Decided on: Jan-03-1979
Reported in: AIR1979All184
Deoki Nandan, J.1. This a plaintiff's second Appeal in a suit for demolition of wall shown by letters B C and foundations shown, by letters CD, DF, FJ, EM, and any other constructions which the defendants may make during the pendency of the suit and for possession over the land underneath, shaded yellow on the plaint map and on which the defendants may be found to be in possession. The suit was decreed by the trial court but was dismissed by the lower appellate court. The plaintiff's case was that he owned a plot in the nature of Chakki Khana, shaded blue on the plaint map, and the land shaded red and yellow was appurtenant thereto; that he had been the owner in possession thereof for the last 27 or 28 years; that the defendants had no concern with the land but they constructed a wall AB adjacent to the plaintiffs Chakki Khana which obstructed the passage from the Chakki Khana to the house shown by the letter Z at the back of the Chakki Khanna which passage was in existence for more th...
Maqsood Ali Vs. Shamsher Khan
Court: Allahabad
Decided on: Jan-03-1979
Reported in: AIR1979All182
ORDERK.C. Agrawal, J.1. This revision is directed against a judgment of the Judge Small Cause Court dated 27-4-1975 decreeing the suit of the plaintiff-opposite party for ejectment of the defendant-applicant and for recovery of the arrears of rent.2. Suit No. 325 of 1973 had been filed by the plaintiff-opposite party for ejectment of the defendant. The plaintiff claimed that he was the Mutwalli, Manager and Administrator of the Waqf Property No. 8/538 Takia Wazirshah, Hing-Ki-Mandi Agra and that the defendant was the tenant of one of the shops of the aforesaid property on a monthly rentof Rs. 8/-. The plaintiff claimed that as the defendant had not paid the rent despite the service of the notice of demand he was liable to ejectment.3. The suit was contested by the defendant. In paragraph 1 of the written statement he alleged that the plaintiff was neither the Mutwalli, Manager nor the Administrator of the property in suit and that the property was not a waqf property. The defendant als...
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