Court : Allahabad
Decided on : Jun-25-1926
Reported in : AIR1927All1
ORDERSulaiman, J.1. This is a plaintiff's appeal arising out of a suit for sale on the basis of a mortgage-deed, dated the 3rd of April 1917, and presented for registration on the 24th of April 1917. The suit was contested mainly by Defendant No. 2 who held a mortgage, dated the 8th of April 1917, and presented for registration on the 11th of April 1917. The defendant pleaded that the plaintiff's mortgage deed had been antedated and was in fact subsequent to the defendant's mortgage. This point has been conclusively found against the defendant. He further denied the completion and validity of the document. The Court of first instance in a very summary judgment decreed the claim. On appeal the learned District Judge held that the plaintiff's mortgage-deed was defective for want of proper attestation. He held that it was executed in the presence of only one witness Baldeo at one place, and then it was brought to the Court compound where it was attested by the second witness Kamla. Kamla ...
Tag this Judgment!Court : Allahabad
Decided on : Jun-02-1926
Reported in : AIR1927All63; 97Ind.Cas.483
Walsh, J.1. These are two connected second appeals from a decision of the District Judge, and they have given me a good deal of trouble on account of the number and variety of points of law which are said to arise. One appeal is valued at Rs. 8, and the other at Rs. 12. There are almost as many points as there are rupees. I will try and deal with all of them in turn. I hope if I forget any of them, I shall be forgiven by the parties because they are so many, and I cannot remember them all. I may at first say that I think the decision is right, and a decision which, as the Judge himself says he was bound to come to. A suit was brought in the Court of the Assistant Collector by a zamindar against a mortgagee for ejectment. On the facts stated, the suit was improperly brought in a Court which the plaintiff knew perfectly well had no jurisdiction to eject the defendant. The land had been the occupancy tenancy of one Mangla with others. Mangla died and the property was inherited by Mt. Lach...
Tag this Judgment!Court : Allahabad
Decided on : May-31-1926
Reported in : AIR1926All623; 97Ind.Cas.108
Walsh, J.1. In pursuance of an order made by a Bench of this Court on 14th May 1926, Abdul Hasan Jauhar and Mohammad Ismail appeared before us, a Bench constituted by the Hon'ble the Chief Justice, to show cause why either, or both of them, should not be committed to prison for contempt of Court, for that they wrote and caused to be published a pamphlet containing scandalous and defamatory matter concerning a Bench of this Court and the administration of justice in the High Court of these provinces.2. Both of them appeared to show cause in person. Abdul Hasan is able to speak and to understand the English language; Mohammad Ismail is not and in consequence of this the Court directed that the opening statement, and the passages in the pamphlet complained of, should be read to both respondents in Urdu, although the proceedings were conducted in English. Such questions as the Court thought right to put to both the respondents were interpreted to them in Urdu, in which language their answe...
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