Privy Council Court July 1934 Judgments
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Raghunath Singh and Others Vs. Mt. Hansraj Kunwar and Others
Court: Privy Council
Decided on: Jul-19-1934
Lord Russell: This appeal from the High Court at Allahabad arises in a suit for redemption of a mortgage and further charge, the appellants being the hairs of some of the original mortgagees. The relevant facts leading up to the present litigation must first be stated. The mortgage and further charge are both dated 22nd June 1864. By the mortgage certain shares in 5 villages were mortgaged by way of conditional sale, the mortgagees being placed in possession, with no liability to account for mesne profits. The principal money was repayable at the end of three years. A further principal sum was secured by the further charge. In the year 1892 the mortgagor instituted a redemption suit alleging- that nothing was due under the securities, and claiming to be put into possession of the shares in the 5 villages, or, if the Court should find that any sum was due, that it might order redemption subject to the payment of such sum. The result of that suit was that as to the shares in 2 of the vil...
Lachmi NaraIn and Another Vs. Syed Ibrahim Hussain
Court: Privy Council
Decided on: Jul-10-1934
Lord Blanesburgh: This is an appeal from a decree of the High Court of Judicature at Patna, dated 4th February 1931, which reversed an order of the First Subordinate Judge there, passed on an objection taken to an application by the present appellants for execution of a decree of theirs against the respondent. The decree which the appellants sought to execute was passed on 19th September 1922, as a, money decree. It was directed against the respondent Ibrahim Hussain Khan personally in a suit to which he alone was defendant. The objection to its execution was taken under S. 47, Civil PC 1908, and was made on behalf of the respondent through the general manager of the Court of Wards, Patna, as his next friend. The estate of the respondent had been under the management of the Court of Wards since 9th September 1902, when on his own Application under S. 6 (e), Court of Wards Act (Bengal Act 9 of 1879), that Court assumed charge and took possession of all the property to which he was entit...
Kamakhya NaraIn Singh Vs. Abhiman Singh and Others
Court: Privy Council
Decided on: Jul-02-1934
Sir Lancelot Sanderson: This is an appeal by the plaintiff in the suit, a minor appearing through the Court of Wards, from a decree of the High Court of Judicature at Patna dated 19th November 1930, which reversed a decree of the Additional Subordinate Judge of Hazaribagh dated 23rd June 1928, and dismissed the plaintiff's suit. The suit was for a declaration that a village called Ghutibar became liable to resumption on the cessation of certain services, viz., the cessation of reciting one chapter of the holy book of Srimadbhagwat before the God Saligram from the month of April 1920 A.D., and that thereafter the defendants had no right to remain in possession of the said village in view of the rights of the plaintiff; for a decree for khas possession of the said village; for mesne profits and for any other relief to which the plaintiff might be found entitled. Defendants 1 to 8 filed a written statement denying the discontinuance of the worship, and alleging that they were not in posse...
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