Himachal Pradesh Court March 1951 Judgments
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Abdul Aziz and anr. Vs. Jai Ram and ors.
Court: Himachal Pradesh
Decided on: Mar-31-1951
Reported in: AIR1951HP67
Chowdhry, J. 1. This is an application by two of the defts. Abdul Aziz & Shafkat Ali, under o. 47, Rule 1, Civil P. C., for review of the judgment of my learned predecessor-in office dated 27-4-1950. 2. Two sales of the same property were, one after the other made by the widows of one Banku, one in Samvat 1997 in favour of Basantu & the other in Samvat 2003 in favour of Kutubuddin. Basantu having died meanwhile, his minor sona Jai Bam & Dhania filed a suit against Kutubuddin in the Court of the Subordinate Judge of Suket for possession of the property on foot of the prior sale in favour of their father. Kutubuddin's defence, inter alia, was that the sale in favour of Basantu was void as he was a non. agriculturist. It is common ground that under the law of the lard applicable in Suket a sale of agricultural land by an agriculturist to, a con-agriculturist would be void. This contention was repelled by the trial Court & the suit was decreed on 23-8-1948 Kutubuddin went up in appeal to t...
Sarjit Vs. Ramanand and ors.
Court: Himachal Pradesh
Decided on: Mar-30-1951
Reported in: AIR1951HP60
ORDERChowdhry, J. 1. Ramanand resp's. suit to pre-cmpt a sale was decreed by the Subordinate Judge of Rohru against the present petnr. Sarjit, the vendee, on condition of his depositing the purchase money within two months. The deposit was made beyond the prescribed time and Ramanand's prayer in execution of the decree for possession of the property was resisted by Sarjit on that ground. Sarjit's objection has been dismissed both by the Ct., executing the decree & by the appellate Ct. the Senior Subordinate Judge, Rampur, on the ground that Ramanand had within the prescribed time made an offer both of payment to Sarjit & of deposit in the Ct. which passed the decree, but that both the offers had been wrongfully refused. Sarjit has, therefore, come up to this Ct. in revn. 2. On one of the dates fixed for the hearing of this revn. it was stated by the learned counsel for the parties that a compromise had been arrived at, & they wanted time to enable the petnr. to file the compromise. The...
Bhagwati Charan Vs. Sunder Lal and anr.
Court: Himachal Pradesh
Decided on: Mar-12-1951
Reported in: AIR1951HP69
ORDERChowdhry, J. 1. This is an application in revision by the minor deft. Bhagwati Charan against the judgment & decree of the learned District Judge of Sirmur dated 11-5-1950, dismissing his appeal against the judgment & decree of the Senior Subordinate Judge of Nahan dated 31-12 1949, whereby the suit of the plff.-respondent Sunder Lal for possession of a half share in the house & landed property left by his brother Shadi Earn was decreed, Joti Praaad, deft.-respondent, is another brother of the plff. & the applicant Bhagwati Charan is Joti Prasad's grandson.2. Shadi Ram died issueless on 16 Asoj, 2004. About seven years before that be bad executed a deed of adoption on 25 sawan 1997, purporting to have adopted his brother Joti Prasad'a grandson, the present applicant Bbagwati Cbaran. The parties are Saraswat Brahmins of Nahan.3. The present suit was filed about a year after the death of Sbadi Bam on the allegation that the two surviving brothers of the deceased, the plff. Sunder La...
Ujagar Singh Vs. Duni Chand and ors.
Court: Himachal Pradesh
Decided on: Mar-10-1951
Reported in: AIR1951HP68
Chowdhry, J. 1. This is a seoond appeal by Ujagar, who was one of the four defts. against whom the pltfs. respondents Duni Chand & others filed a suit in the Court of the Senior Subordinate Judge of Nahan on 7-9-1948 for recovery of an alleged loan. The Senior Subordinate Judge dismissed the suit against the other defts., but decreed it ex parte against the present appellant Ujagar Singh on 18 7-1949, The present appellant thereupon applied on 18-8-1949 to the trial Court for setting aside the ex parte decree, & this application was dismissed by that Court on 25-7-1950. While the aforesaid application of the appellant was pending in the trial Court the pltfs. filed an appeal on 21-10-1949 in the Court of the District Judge against the aforesaid judgment & decree of the trial Court dated 18-7-1949 against the dismissal of their suit against defts. other than the present appellant. This appeal by the pltfs. was dismissed by the District Judge on 28-1-1950 with this modification that they...
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