Kaul, J[1] These are two appeals arising out of the same judgment and may conveniently be disposed of together. The material facts are as follows: [2] The Maharaja of Balrampur is the proprietor of a big taluqa in Gonda district, and owns extensive zamindari property. He natural...
[1] On the 12th Oct 1927 Mst Ram Piary and her sons, Sheo Kumar, Nand Kumar and Jagdish Kumar executed a deed of mortgage in favour of Sheoratan Lai and Chandika Prasad to secure a loan of Rs. 5.000 The mortgage was by way of conditional sale and the term fixed for three years. O...
[1] This is a plaintiff's appeal. The point in dispute related to a deed of wakf alal-aulad executed by late Qasi Iftikhar Ahmad on 17th October. 1941. He died on 11th January 1942. The plaintiff Qazi Mumtaz Ahmad is his brother. His other heirs, namely, his widow, Mt. Wasiunnisa...
Kidwai, J[1] The applicant is the mortgagor of property held by the opposite party. He applied under the provisions of 12, Agriculturists' Belief Act for redemption. It was pleaded that Section 12, Agriculturists' Relief Act was not applicable because the mortgage money had not f...
Chandiramani, J[1] This is an appeal of the decree-holder against the order of Mr. Hasan Irahed, Civil Judge of Bahraich, dated 1-10-1942. [2] Sant Ram father of Ram Pearey, appellant, obtained on 11-2-1927 a decree for Rs. 267-15-6 in a suit for accounts of partnership. Eventua...
Kaul, J[1] This is an application for revision of an appellate order passed by the Additional Civil Judge, Gonda, on 31-7-1943 in proceedings for redemption of a mortgage under Section 12, U.P. Agriculturists' Relief Act. [2] The material facts are as follows: On 11-10-1901, Ear...
Kaul, J[1] This is a defendant's second appeal in a suit brought to enforce a bond. [2] The material facts lie within a short compass. On 2-7-1933 a bond was executed by Baba Ram Dat Ram, appellant, in favour of Bachchu Lal who was defendant 2 in the trial Court. On 9-1-1942 Bac...
Chandiramani, J[1] On 15th March 1913, the plaintiff filed a suit for recovery of Rs. 142-and interest thereon on the basis of a pronote dated 17th March 1940. The defendant in her written statement admitted execution of the pronote but said that it was in lieu of a previous pron...
Chandiramani, J[1] On 22nd August 1935, a suit filed by Jagannath and Balbhaddar, Halwais for partition was dismissed. Jagannath Prasad Kayasth, father of Bhagwat Sahae, respondent of the present appeal, was one of the defendants in the partition suit. The Court directed the defe...
Chandiramani, J[1] Jagaimath and Balbhaddar, Halwais, respondents, filed suit No. 55/87 of 1931 for partition against Jagannath Prasad, Kayasth, father of Bhagwat Sahai appellant, and some others. The suit was dismissed. In the decree there were two orders for costs. The appellan...