Privy Council Court May 1948 Judgments

Mohammad Khalil Khan and Others Vs. Mahbub Ali Mian and Others

Court: Privy Council

Sir Madhavan Nair: This is a consolidated appeal resulting from the consolidation of two appeals, Appeal No. 5 of 1942 and Appeal No. 6 of 1942, from two decrees of the High Court of Judicature at Allahabad dated 28th October 1941, which affirmed two decrees, one of the Court of the Special Judge, first class, Shahjahanpur, and one of the Court of the Civil Judge, Shahjahanpur, both dated 14th January 1939. [2] Appeal No. 6 of 1942 arises out of a suit (Suit No. 2 of 1938) instituted by appellant 1 and one Fida Ali Khan, on whose death appellants 2 to 5 were brought in as his representatives for the recovery of certain property in the Shahjahanpur District. Respondents 1 to 4 hereinafter called the Mahbub brothers, and their respective wives 5 to 8, to whom they had purported to transfer parts of the said property, were the defendants in the said suit. The suit was dismissed by the Civil Judge, Shahjahanpur, and the dismissal was confirmed by the High Court on appeal. [3] Appeal No. 5 ...

Bhan Kumar Chand and Another Vs. Mohan Lal and Others

Court: Privy Council

Reported in: AIR1948PC180

SIR MADHAVAN NAIR: The appeal arises out of proceedings in execution of the decree in Suit No. 177 of 1924 (remanded), made by the Subordinate Judge of Arrah on 17 - 5 - 1930, which was modified by the High Court of Judicature at Patna in P. A. No. 130/1930, on 9 - 1 - 1935. [2] The order of the High Court in pursuance of which execution proceedings had been taken runs as follows: "In the execution there must be an enquiry as to the respective areas of Balbhadarpur and Darihat as they existed at the time of the defendant's mortgages irrespective of the cadastral survey." [3] The order now appealed against was passed by the High Court on 29 - 1 - 1944, setting aside the order in execution proceedings of the Additional Subordinate Judge of Arrah dated 18 - 11 - 1942, passed in pursuance of the High Court's order in F. A. No. 130/1930 (quoted above), and dismissing the said execution proceedings. [4] The question for decision in this appeal is whether the appellants (decree - holders) ar...