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Krushna Behera vs Fakir Mahakud And Anr. on 15 April, 1953

6. The Allahabad High Court however relied on the earlier Bombay and Calcutta decisions, and in -- 'Mohammed Nuh v. Brij Behari Lal', AIR 1924 All 939 (L) it was held that the presumption would not arise when the reversioners who joined in the transfer were ladies or lifeholders. No reason is given for this distinction made in the case of a female reversioner. This case, however, can easily be distinguished on the facts as their Lordships point out that "the presumption is not strong in the present case because Brij Behari was in existence at the time of the transfer and the daughters of Badam Kunwar were young at the time and capable of bearing children who would ultimately be full owners of the property in suit."
Orissa High Court Cites 4 - Cited by 0 - Full Document

All Sons And Daughters Of Deceased vs Zia­Ul­Hasan (Deceased) on 30 April, 2012

PW2 was only partly examined­in­chief and was never produced again for cross­examination. His deposition is therefore, of no avail. PW3 brought the record of the petition titled Sheikh Mohd. Haroon Vs. Sadajeet Lal before the Competent Authority (Slums) and proved the certified copy of the application U/o 1 R.10 read with Sec. 151 CPC Ex.PW3/A; certified copy of the affidavit in support of the application Ex.PW3/B; certified copy of the reply and the affidavit in support thereof, Exs.PW3/C & PW3/D; and, certified copy of the order dated 11.12.1998 passed by the Competent Authority Ex.PW3/E. He also brought the record pertaining to the petition titled Sheikh Mohd. Haroon Vs. Subhash Chand Jain and proved the certified copy of the application filed U/o 1 R. 10 CPC and the affidavit thereof, Ex.PW3/F and PW3/G; certified copies of the reply and the affidavit in support thereof, Exs.PW3/H & PW3/I respectively; and, the certified copy of the order passed by the Competent Authority on 9.3.1999 Ex.PW3/J. MPC­5/06 Page 7/16 PW4 brought the record from the High Court and deposed that the original Award was Exbt. PW­2 and the judgment dated 22.02.1989 alongwith the decree was Exbt. PW­3 (colly).
Delhi District Court Cites 8 - Cited by 0 - Full Document
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