Guwahati Court January 1952 Judgments
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Maheswar Talukdar Vs. Bhupendra Kalita
Court: Guwahati
Decided on: Jan-24-1952
Deka, J. 1. These are two analogous appeals confined to old Dag no. 305 and new Dag No. 187 of an annual patta of village Nowgnon in the subdivision of Borpeta. 2. The land is claimed by two parties Maheswar Talukdar and Bhupendra Kalita alias Bhabendra Mohan Patbak and others, Revenue Appeal No. 18/51 being filed by Maheswar Talukdar and Revenue Appeal No. 19/51 by Bhabendra Mohan Pathak and others. 3. It is admitted by both parties that the annual patta with respect to the disputed plot originally stood in the name of one Rameswar Medhi and Maheswar Talukdar was a transferee from Rameswar. Dharmeswar Adhikari Mandal was the son of Rameswar Medhi and he claimed to have let out the land to Dandiram Pathak, father of Bhabendra Mohan Pathak and others and Dandiram obtained an annual patta on the basis of his alleged possession as a tenant of Dharmeswar by virtue of the Sub-Deputy Collector's ex parte order dated 28 5-1945. Maheswar Talukdar filed an appeal against the order of the Sub...
Abdul Rahim, Ist Party Vs. Abdul MuktadIn and ors.
Court: Guwahati
Decided on: Jan-21-1952
Thadani, C.J.1. This is a reference made by the learned Addl. District Magistrate, Cachar, inviting our interference in the matter of an order passed by the learned First Glass Magistrate Mr. S.K. Bhattaeharjee of Karimganj, by which he directed the police to submit a charge-sheet against one Abdul Muktadir Chaudhuri and others. 2. The facts material to the application are these : On 26-4-1950, one Abdul Rahim, son of Ibrahim Ali, lodged a first information report at the police station, Karimganj, complaining against a large number of persons of having committed offences under Sections 147 and 325, Penal Code. In due course the police investigated the case and submitted a final report under the provisions of Section 173, Cr. P. C., in which they reported that the in formant had failed to make out a case against the accused persons. The informant, being dissatisfied with the report of the police, filed a petition in Court setting out what were according to him the facts of the case, an...
Nripendra Kumar Vs. Naumoni Das and ors.
Court: Guwahati
Decided on: Jan-11-1952
Ram Labhaya, J. 1. This petition of revision is directed against the order dated 3 -7-1951 by which the Subordinate Judge, L. A. D., directed the Munsiff of Barpeta to hold a sale in execution. The petition is by one of the three judgment-debtors. The facts leading to the petition are as follows : Some 8 lessas of land belonging to the petitioner and his co-judgment-debtors (opposite parties 3 and 4) were mortgaged to one Surendra Narayan Burabhakat. The mortgagee obtained a decree for sale on the basts of his mortgage. After this decree, opposite parties 3 and 4 (co-judgment-debtors) sold their 2/3rd share of the land in dispute to Opposite Party 2. In the course of the execution proceeding, he put in a claim by which he prayed for the release of the 2/3rd share of the mortgaged property sold to him by two out of the three judgment-debtors. The petitioner states that he did not receive any notice of this claim petition. On 24-6-1950, the 2/3rd share, sold to Opposite Party 2, was re...
Chunilal Patua and anr. Vs. the State of Assam
Court: Guwahati
Decided on: Jan-09-1952
Ram Labhaya, J. 1. The facts giving rise to this appeal are as follows : A decree was passed against the province of Assam by the Court of the Munsiff at Habiganj on 21-6-1947. The decree was for the rent of a godown for a period commencing from 1-8-1944 to the 27-7-1945. The amount of Rs. 1000/-, which was claimed in the suit, included a claim for compensation as well. The decree-holder applied for execution of the decree on 5-8-1947--about 10 days before the partition of the country into two Dominions. The application for execution was made to the Court which passed the decree and was pending on 15-8-1947. As a result of the partition of the country, the area over which the Munsiff of Habiganj exercised jurisdiction became part of Pakistan. On 25-5-1948, the Munsiff at Habiganj ordered the transfer of the decree to the Court of the Munsiff at Silchar for execution. A certificate of non-satisfaction under Order 21, Rule 6 was granted to the decree-holder also on 25-5-1948. The effe...
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