Mumbai Court May 1929 Judgments
Hira Lal Sahu Vs. Lachmi Prasad NaraIn Singh
Court: Mumbai
Decided on: May-14-1929
Reported in: (1929)31BOMLR905
1. This is an appeal by the plaintiffs against a judgment and decree, dated December 22, 1926, of the High Court of Judicature at Patna, which affirmed a judgment and decree of the Subordinate Judge of Motihari, dated March 6 1923.2. The plaintiffs are members of a joint family, and they carried on a money-lending business which was supervised by the first plaintiff who was Karta of the family.3. The defendant began to borrow money from the plaintiffs on the 20th of Pous 1310 Fasli (i.e., January, 190S), when a sum of Rs. 300 was advanced and after the expiration of fifteen months eleven days interest was debited to the account, Further sums were advanced from time to time, and the accounts were adjusted periodically, the last adjustment having taken place on the 25th Jeth 1324, corresponding to May, 1917, so that the account between the parties was running for about fourteen years. Simple interest was charged upon each advance from the date of such advance until the date when the prin...
Tag this Judgment!Pana Singh Vs. Arjan Singh
Court: Mumbai
Decided on: May-14-1929
Reported in: (1929)31BOMLR909
Atkin, J.1. This is an appeal from the Court of the Judicial Commissioner, North-West Frontier Province at Peshawar. The dispute arises out of an agreement for the sale of a serai in Peshawar. There were cross suits, vendors and purchasers, each alleging that the others had broken the contract and claiming damages. The vendors succeeded before the Subordinate Judge, the purchasers before the Judicial Commissioner. The vendors appeal. In 1924 the vendors were the owners of the serai in question upon which there were mortgages amounting to B.s. 80,000 in favour of one of the former owners. They were being pressed by their creditors and found it desirable to sell the property. The sale was negotiated by brokers and the agreement was dated February 19, 1924. The agreement provided for the sale to the purchasers for Rs. 1,05,000. Cost of stamp paper and registration was to be borne equally. The purchasers were to pay Rs. 500 earnest money. 'The party retracting from the contract shall pay R...
Tag this Judgment!Ramji Patel Vs. Rao Kishoresingh
Court: Mumbai
Decided on: May-09-1929
Reported in: (1929)31BOMLR883
Lancelot Sandekson, J.1. This is an appeal by the plaintiff in the suit from a decree of the Court of the Judicial Commissioner, Central Provinces, setting aside a decree of the District Judge, Nimar. The date of the first-mentioned decree was August 22, 1925, and the date of the second-mentioned, namely, that of the District Judge, was May 8, 1924.2. In 1908 the defendant 'respondent had instituted a suit against two widows to recover possession of an estate known as the Bhamgarh Zemindary, and after having obtained a decree in his favour, that decree was reversed by the Court of the Judicial Commissioner. He desired to prosecute an appeal to His Majesty in Council, and to enable him to do so he had to raise money. He entered into an agreement with the plaintiff on November 11, 1912, with regard to the advance of the sum of Rs. 5,000 by the plaintiff on the terms therein mentioned. The agreement was as follows :-I have brought from you Rs. 5,000 in words five thousand cash in order to...
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