Gujarat Court November 1972 Judgments
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Karimbhai Alias Abdul Karim and ors. Vs. Bai Mariambibi and ors.
Court: Gujarat
Decided on: Nov-20-1972
Reported in: AIR1974Guj91
J.M. Sheth, J.1. This appeal is filed by the appellants (original defendants Nos 1 and 2) against the judgment and preliminary decree passed in Special Suit No 47 of 1962. That suit was filed by the plaintiffs (respondents No 1 to 3 ) against the appellants (original defendants Nos 1 and 2), respondent No 4 ( original defendant No 3). And respondents Nos 5,6 and 7 (original defendants Nos 4 , 5 and 6 ). Appellant No 1 having died during the pendency of appeal his heirs and legal representatives have been brought on the record. Respondents Nos 5 and 6 died during the pendency of appeal. Their heirs and legal representatives were not brought on the record within the period of limitation Civil Application No 367 of 1972 filed for bringing on record the legal representatives of defendant No 6 beyond the period of limitation has been rejected by this Court on 23-10-1972 . It is therefore evident that so far as respondents Nos 6 and 7 (original defendants Nos 5 and 6 ) are concerned, the app...
Motibhai Nathabhai Vs. Ramchandra Martandrav Vahivatdar
Court: Gujarat
Decided on: Nov-15-1972
Reported in: AIR1974Guj95; (1974)GLR18
1. The plaintiff is the trustee of Ramji Mandir at Baroda. The suit lands are the properties of the trust of Ramii Mandir. These lands are situated in the Panchmahals District. On April 26, 1958, the plaintiff obtained an exemption certificate in respect of the suit lands under Section 88B of the Bombay Tenancy and Agricultural Lands Act, 1948 (hereinafter referred to as 'the Tenancy Act'). Thereafter he served upon the defendant a notice terminating his tenancy in respect of the suit lands. It was alleged W that notice that the defendant was an annual tenant thereof. This notice was served under Section 84 of the Bombay Land Revenue Code and the termination of the tenancy became effective from March 31, 1961. On 31st December 1960, the defendant sent to the Plaintiff reply to the notice by which he denied the claim made by the plaintiff. On August 9. 1961, the plaintiff filed the present suit for recovery of possession of suit lands and for the recovery of Tents.2. In defence the defe...
Prabhulal Jeshanker Vs. Jayaben Jethalal
Court: Gujarat
Decided on: Nov-10-1972
Reported in: (1973)14GLR711
A.A. Dave, J.1. The learned Sessions Judge, Kutch at Bhuj has made this reference recommending that the ex-parte order passed by the learned Judicial Magistrate, First class, Bhuj be set aside and that appropriate orders may be passed.2. The facts giving rise to this reference briefly stated are as under :-The present opponent Jayaben filed an application against her husband Prabhulal claiming maintenance under Section 488 of the Criminal Procedure Code on 5-5-1970. In her application, she stated that she was married with Prabhulal about two year's back, according to Hindu rites. She alleged that her husband was impotent and in order to conceal that fact from her, he began to ill-treat her and had driven her out of the house. According to her, the monthly income of her husband was Rs. 500/-. She therefore, claimed Rs. 150/- per month as maintenance. At the relevant time, Prabhulal was residing at Katihar in Bihar. The summons was sent by registered post. The said packet was returned un...
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