Himachal Pradesh Court December 1952 Judgments
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Budhe Ram Vs. Hira and ors.
Court: Himachal Pradesh
Decided on: Dec-26-1952
Reported in: AIR1953HP52
Chowdhry, J.C.(1) This is a second appeal by the defendant Budhe Ram. One Bhagi had two sons, Dile Ram and Mani Ram. The appellant is the only son of Dile Ram, and the plaintiffs and 'pro forma' defendant belong to the branch of Mani Ram. Budhe Ram applied to the revenue authorities for partition of land in three villages Balaun, Thach & Bahndi. The plaintiffs put in objections that a private partition had already taken place. On their being so directed by the revenue authorities, the plaintiffs filed the present suit for a declaration that by reason of the joint family property having already been partitioned about 25 years previously, the defendant-appellant was not entitled to have it repartitioned.Both the Courts below have decreed the plaintiffs' suit, and now Budhe Ram defendant has filed this second appeal. It may be stated 'in limine' that the only point for determination in this appeal is whether the plaintiffs' allegation of private partition is correct. It is not necessary t...
Kanhu Vs. Sangat Ram and anr.
Court: Himachal Pradesh
Decided on: Dec-26-1952
Reported in: AIR1953HP72
Chowdhry, J.C.1. The facts of this case have been set forth in my judgment dated 18-12-1951 whereby the following issue was remitted to the District Judge for a finding: 'Whether the parties are governed, under any local law or custom, by a form of adoption which did not require the ceremony of giving and receiving, and under which an orphan boy could be given in adoption by his brother?'2. After taking evidence produced by the parties the learned District Judge has submitted the finding that although in Mandi it was not absolutely necessary to strictly follow the ceremonies which are prescribed by the Hindu law, no such adoption could be made without the sanction of the Darbar.3. The learned counsel for the defendant-appellant has challenged the correctness of this finding. His contention was that the evidence produced on behalf of the appellantwas not given due consideration by the District Judge, and that in holding that the sanction of the Darbar was necessary he had gone beyond th...
Thunthi and ors. Vs. Dhani Ram
Court: Himachal Pradesh
Decided on: Dec-24-1952
Reported in: AIR1953HP66
Chowdhry, J.C.1. This is a second appeal by the defendants Thunthi, Tulsia and Dhani Ram against the judgment and decree of the learned District Judge of Mandi, dated 21-9-1.951.2. One Zalim died on 14-5-1949, and thereupon his property was mutated in the names of the present parties as his sons. The defendants-appellants' mother was Mt. Basanto, and Mt. Begamu is the mother of the plaintiff-respondent. The plaintiff filed the present, suit on 13-5-1950 for a declaration that the defendants are not the sons of Zalim but the plaintiff alone is the son and successor to the estate ofZalim, and for possession of the entire property. The plaintiff's case was that the defendants were not the legitimate sons of Zalim, and in fact could not ba his legitimate sons, because their mother Mt. Basanto was not married to him in the jhanjharara form. The defendants traversed this allegation and pleaded that they were entitled to succeed to the property of Zalim as his sons. 3. The trial Court took a ...
Mt. Brikmu and anr. Vs. Jodha
Court: Himachal Pradesh
Decided on: Dec-20-1952
Reported in: AIR1953HP73
ORDERChowdhry, J.C.1. This is an application in revision by the two defendants Mt. Brikmu and her daughter Mt. Shankru against the judgment and decree of the learned Dist. Judge, Mandi,dated 25-7-1951 dismissing their appeal andupholding the judgment and decree of the trial Court granting to the plaintiff-respondent Jodha a declaration that a gift made by Mt. Brikmu in favour of Mt. Shankru would not fee valid against the reversionary rights of theplaintiff after the donor's death.2. The trial Court held that the parties were governed by custom. It did not decide the question whether a daughter was a preferential heir to a collateral. It further decid-ed that the property was not ancestral qua the plaintiff. It however granted the aforesaid declaratory relief to the plaintiff on the finding that Mt. Brikmu as a Hindu widow was not entitled to make the gift in question.3. On the defendants' appeal, the Dist. Judge was of the opinion that it was not necessary to go into the question whet...
Surat Ram Vs. Mt. Nardu and anr.
Court: Himachal Pradesh
Decided on: Dec-02-1952
Reported in: AIR1953HP50
Chowdhry, J.C.(1) This is an appeal under Section 47, Guardians and Wards Act against the judgment and order of the Senior Subordinate Judge of Mahasu dated 29-9-1951 dismissing the application of the appellant Surat Bam under Section 25 of the Act for the custody of his minor son Balak Bam.(2) The contest in this case is between the father and the mother of the child, named Mt. Nardu. I have heard earned counsel for the parties and am of the opinion that the decision of the Court below should not be interfered with.(3) As the wordings of Section 25 of the Act themselves show, it is the welfare of the minor which is to be the main factor in deciding the question of its custody. There is no doubt that as between the appellant and the respondent the former has the preferential right not only to his appointment as guardian of the person and property of the minor, wherever any such question arises, but also to the custody of the minor. In some cases the mere fact of his bearing such relati...
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