Delhi Court June 1970 Judgments
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Teekam Ram Vs. Mangtu and ors.
Court: Delhi
Decided on: Jun-17-1970
Reported in: AIR1970Delhi224
Hardayal Hardy, J.1. This is an appeal under Clause 10 of the Letters Patent against the judgment of V.S. Deshpande, J., in a second appeal from decree passed by the Senior Subordinate Judge, Kangra at Dharamsala modifying the decree passed by the trial Court in a suit for possession by pre-emption.2. There is no dispute as to facts. Shrimati Phulan Devi and Janki Devi were the owners of land consisting of two fields bearing Khasra Nos. 662 Min. (Measuring 1Bigha 9 Biswas) and 662 Min. (Measuring 4 Bighas 10 Biswas), the whole measuring 5 bighas and 10 Biswas. By a sale deed dated 20-9-1963, theysold two-thirds of the land to one Teekam Ram for Rs. 1,000/-. Mangtu alleging to be a tenant of a part of the field bearing KhasraNo. 662 Min. (Measuring 1 Bigha 9 Biswas) to the exetent of 1 Bigha 7 bids was only, filed a suit for possession by pre-emption in respect of the entire land sold to Teekam Ram. The trial Court decreed the suit. On appeal by Teekam Ram, the learned Senior Subordinda...
Tikam Ram Vs. Mangtu and ors.
Court: Delhi
Decided on: Jun-17-1970
Reported in: 6(1970)DLT421
Hardayal Hardy, J.(1) This is an appeal under clause 10 of the Letters Patent against the judgment of V. S. Deshpande J. in a second appeal from decree passed by the Senior Subordinate Judge, Kangra at Dharamsala, modifying the decree passed by the trial Court in a suit for possession by pre-emption. (2) There is no dispute as to facts. Smt. Phulan Devi and Janki Devi were the owners of land consisting of two fields bearing Khasra Nos. 622-Min (measuring 1 Bigha 9 Biswas) and 662 Min (measuring 4 Bighas 10 Biswas), the whole measuring 5 Bighas 19 Biswas. By a sale deed dated 20-9-1963, they sold two-thirds of the land to one Teekam Ram for Rs. 1,000.00. Mangtu alleging to be a tenant of a part of the field bearing Khasra No. 662- Min (measuring I Bigha 9 Biswas) to the extent of I Bigha 7 bids was only, field a suit for possession by pre-emption in respect of the entire land sold to Teekarn Ram. The trial Court decreed the suit. On appeal by Teekam Ram, the learned Senior Subordinate J...
Ghungli Vs. Puran
Court: Delhi
Decided on: Jun-10-1970
Reported in: 6(1970)DLT433
Hardayal Hardy, J.(1) This second appeal from the,' order of the learned District Judge, Mandi, raises the question of interpretation of section 11(2) of the Himachal Pradesh Abolition of Big Landed Estate's and Land Reforms Act (15 of 1954), hereafter referred to as the Abolition Act. Incidentally it also raises the question of impact of section 20 of the Hindu Adoptions and Maintenance Act (78 of 1956), hereafter referred to as the Maintenance Act. on the construction of section 11(2) of the Abolition Act.(2) The appellant is a widow. She was not so when respondent Puran had applied under sub-section (1) of section Ii for conferment of proprietary rights of the land in dispute on him and his application was allowed by the Compensation Officer, as her husband Gangu was then alive. Gangu died during the pendency of her appeal and as such she claims that she became entitled to invoke the aid of sub-section (2) of section 11 of the Abolition Act to defeat the respondent's rights. It is c...
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