Court : Allahabad
Reported in : (1907)ILR29All52
..... cole on ejectment it is pointed out (ed. 1857, p. 213) that 'if a defendant is shown to be a mere wrongdoer, proof of prior possession and of the wrongful act of the defendant whereby the plaintiff was deprived of possession are sufficient prima facie evidence of title to maintain an action, for ejectment. see also butcher v. butcher (1827) 7 ..... a full bench of this court in wali ahmad khan v. ajudhia kandu, (1891) i.l.r., 13 all., 537 that the provisions of section 9 of the specific relief act do not debar a person who has been, ousted by a trespasser from immovable property to which he has merely a possessory title from bringing a suit in ejectment on .....
Tag this Judgment!Court : Allahabad
Reported in : (1912)ILR34All365; 14Ind.Cas.790
..... advocate for the respondent has jurisdiction either to allow or disallow the objection, and if that court dose not go into the question of possession, it only does an act which is wrong, but which is within the jurisdiction of that court. in support of his arguments the learned advocate for the respondent relies on sardhari lal v. ..... second appeal no. 751 of 1874, decided on the 25th of july, 1874. the substance of his argument is that, under sections 278, 279, and 281 of act xiv of 1882, an executing court has jurisdiction only to determine the question of possession, and that if such court passes an order under section 281 without going into the ..... for foreclosure, it must stand dismissed. regarding the appeal of bhagwan das, the lower appellate court came to the following conclusion. bhagwan das objected under section 278 of act xiv of 1882. his objection was overruled, and the court came to the conclusion that the property which was in his possession was liable to sale in execution of .....
Tag this Judgment!Court : Allahabad
Reported in : (1912)ILR34All640
..... to accept the defendants' contention that their possession is adverse to the plaintiff and that the claim is time-barred. 8. a mortgage under the transfer of the property act (act no. iv of 1882) is 'the transfer of an interest in specific immovable property for the purpose of securing the payment of money.' in a simple mortgage therefore an ..... the case are these:--'kudrat shah and others, the predecessors in title of defendants, 2 and 3, made a simple mortgage of two plots of land with houses and trees, one of which is near taksal and other near kabir chaura in favour of the plaintiff, on the 5th of july, 1875. they again mortgaged the same property ..... to the mortgagees, and as their adverse possession has continued for a longer period than twelve years, the right of the mortgagees has, under section 28 of the limitation act, become extinct and has vested in the defendants. the possession of the mortgagees was not full proprietary possession, but was possession of a limited nature. it is this .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1914All328; 25Ind.Cas.405
..... the user is interrupted, it is necessary to show a further full period of 20 years in order to establish a right of easement under section 15 of the easements act. it is impossible to add on to the period of user proved any time prior to the interruption.4. we must allow the appeal, set aside the decree of this .....
Tag this Judgment!Court : Allahabad
Reported in : 44Ind.Cas.980
..... owners thereof. they further asked for an injunction restraining the defendant from interfering with the plaintiffs' right. the defendant in reply pleaded that the land on which the trees stood was zamindari land and not the property of the state and that it belonged to the defendant; that the property had been sold and purchased by him in ..... of the district board, under whose control the road is, sold the fruit to a third party. badri prasad objected and the collector cancelled his sale. in 1900 the trees were lopped and the loppings were sold by the district board. badri prasad claimed title to the loppings. madan gopal objected to his claim. the collector finally decided that ..... but one fact is clear and that is that neither party is the owner of the trees and that the sole right in dispute before us is the right to take the fallen wood. we have considerable doubt whether section 28 of the limitation act has any application whatsoever to this case but even assuming that it has, it is .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1918All102(2); (1918)ILR40All461
..... for an injunction that the defendant should not interfere with the exercise of their right.' the appellate court held that the defendant had been in possession (presumably of the trees, though it does not say so clearly) for more than twelve years and has dismissed the appeal and the suit. the plaintiffs come hero in second appeal. it ..... the district board, under whose control the road is, sold the fruit to a third party. badri prasad objected, and the collector cancelled his sale. in 1900 the trees were lopped and the loppings were sold by the district board, badri prasad claimed title to the loppings. madan gopal objected to his claim. the collector finally decided that ..... but one fact is clear, and that is that neither party is the owner of the trees and that the sole right in dispute before us is the right to take the fallen wood. we have considerable doubt whether section 28 of the limitation act has any application whatsoever to this case, but even assuming that it has, it is .....
Tag this Judgment!Court : Allahabad
Reported in : 60Ind.Cas.905
..... year 1906 to present possession over the entire house, so as to bring into operation the provisions of article iia of the limitation act schedule. it must be remembered that the plaintiff's father had been met by a claim to the entire house on the part ..... begam to same undivided there in the house. hence, he claims that the provisions of article iia of the schedule to the limitation act have no bearing on the facts of this case, and that he retained his right to sue upon the title acquired by his ..... 146 : 3 bom. l.r. 694, in which a somewhat similar attempt by a plaintiff to get round the provisions of the limitation acts was defeated. the case is not entirely on all fours with the present. indeed, it is obvious that each case of this sort ..... date of the auction sale. secondly, the plea taken was with reference to article 11a of the first schedule to the indian limitation act, no. ix of 1908, the point being that the suit should have been brought within one year of the adverse decision of the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1923All298; (1923)ILR45All390
..... the estate.' it is impossible, their. lordships think, to give a precise definition of it applicable to all cases and they do not attempt 1o do so. the preservation, however, of the estate from extinction, the defence against hostile litigation affecting it, the protection of it or portions from injury or deterioration by inundation, these and such like ..... act--something undertaken for the protection of the estate already in possession--not an act done with the purpose of bringing fresh property into possession, and which may or may not be successful under the chances attending upon litigation.22 ..... bring profit to the estate could properly be regarded as a 'benefit to the estate' or a 'legal necessity.' their lordships' observations rather import that any act for which the character of 'legal necessity' or 'benefit to the estate' can be claimed must necessarily be a defensive .....
Tag this Judgment!Court : Allahabad
Reported in : (1923)ILR45All419
..... the court to have merely an occupancy title, the precise nature of which it is not necessary to consider in this case.13. reference was made to the limitation act ix of 1908 and especially to section 28 which is as follows:'at the determination of the period hereby limited to any person for instituting a suit for possession of ..... as to the correctness of the decision arrived at under this heading by the courts below this becomes all the clearer when the history and terms of the oudh settlement acts are examined. if this document had been produced in 1893 when the defendant sought and obtained the cancellation of the ejectment notice it may well be that the revenue ..... holding, it is sufficient for him to satisfy the board of revenue that there is reasonable ground for presuming that he is not an ordinary statutory tenant under the rent act in order to obtain cancellation of the notice.3. it is plain, from the considered judgment of the board of revenue that they were of opinion that a prima .....
Tag this Judgment!Court : Allahabad
Reported in : 80Ind.Cas.896
..... xli, rule 25, civil procedure code:whether the plaintiffs are entitled to any right of easement to flow water under the provisions of clause (f), section 13 of the easements act?2. the facts of the case are stated in my judgment ordering the remand and need nob be recapitulated. the learned subordinate judge has answered the issue in ..... of easement by prescription. this case was changed, later on, and the right of easement was claimed under the provisions of section 13, clause (f) of the easements act. so the definite question, which i have to answer before me is, 'whether under the said provisions the plaintiffs are entitled to the casement?' this easement involves the ..... it would, therefore, follow that the plaintiffs have no right to flow of latrine water on foot of the provisions of clause (f), section 13 of the easements act.4. the learned subordinate judge who heard the appeal first and the learned judge who decided the remanded issue, both quoted the case bishambhar nath v. jagan nath .....
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