Himachal Pradesh Court March 1953 Judgments
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Japhu and ors. Vs. Parshottam Ram and ors.
Court: Himachal Pradesh
Decided on: Mar-30-1953
Reported in: AIR1953HP84
Chowdhry, J.C.1. These two appeals arise out of the same suit. It was a suit by a rever-sioner against a Hindu widow and her alienees for a declaration that the alienation was not binding on the reversion. The alienation, was a sale of a house for Rs. 2,000/-. There is no dispute with regard to thes consideration but only with regard to the legal necessity for the same. The trial Court decreed the suit 'in toto' holding that there was no legal necessity for the sale. The widow and the alienees went up in appeal to the District Judge; and the latter held that the sale was justified by legal necessity to the extent of Rs. 1,100/-. Accordingly, he maintained the declaratory decree passed by the trial Court but made it conditional on the payment of the said Rs. 1,100/- to the defendants-appellants by the plaintiff. Both the parties have come up in appeal to this Court, the plaintiff iagainst the direction for payment of Rs. 1,100/- and the widow and her alienees against a decree having .at...
Narotam Vs. Sardaru and anr.
Court: Himachal Pradesh
Decided on: Mar-28-1953
Reported in: AIR1953HP122
Chowdhry, J.C. 1. This is an appeal by one Narotam who filed an objection in the course of execution proceedings instituted by Sardaru decree-holder against the State of Himachal Pradesh as judgment-debtor. His objection was dismissed by the execution Court and so was his appeal by the District Judge.2. I need not go into the question -whether a revision rather than an appeal was the proper remedy, for even if the proper remedy was by a petition in revision, this would be a clear case for interference due, as I shall presently show, to the Courts below having exercised jurisdiction which did not really vest in them.3. One Sudama left an estate totalling 28 bighas and 15 biswas. He owned malguzari rights in 22 bighas and 12 biswansis out of the said area and the rights of a tenant-at-will in the remaining 6 bighas 14 biswas and 8 biswansis which was grass land. The State took the property by escheat on the death of Sudama. Thereupon Sardaru, claiming to be a reversioner, filed a suit ag...
Saju Vs. the Union of India (Uoi)
Court: Himachal Pradesh
Decided on: Mar-26-1953
Reported in: AIR1953HP81
Chowdhry, J.C.1. This is a plaintiff's second appeal from the judgment and decree of the learned. District. Judge of Mandi dated 29-10-1951 dismissing his appeal and maintaining the judgment & decree of the trial Court whereby the piaintiff-appellant's suit for a declaration that the property in suit had not escheated to the State had. been dismissed.2. The property in suit originally belonged to one Kahnu. He executed a document dated. 6th 'Katik Samvat 93 Kham', corresponding to 'Bikrami Samvat' 1974. He appointed the plaintiff, his son-in-law, a Khana-Damad and. declared that should he have no issue the plaintiff should be treated as the owner of his property afjter his death & the death of his widows. Kahnu left more widows than one, & the last of them died 14 or 15 years before the institution of the present suit. The present suit was instituted on 3-1-1850 for the said relief because by an order dated 32-5-2003 the State treated the property as an escheat. The plaintiff's suit ha...
Chanchal Ram and ors. Vs. Union of India (Uoi) and ors.
Court: Himachal Pradesh
Decided on: Mar-24-1953
Reported in: AIR1953HP79
Chowdhry, C.J.1. This is a plaintiffs' appeal from an order of remand dated 30-8-1951 passed by the District Judge of Mandi.2. Mt. Chandi succeeded to malguzari rights in certain land as a Hindu widow on the death of her husband Das. She died on 23-11-1998 B., i.e. sometime in 1941 A.D., and thereupon the then Mandi State took the property by escheat. The plaintiffs made a representation to the ruler of the State, but the latter affirmed the eschea.t so far as the land in dispute in the present litigation is concerned by an order dated 18-2-2005 B., i.e. sometime in 1948 A.D. The present suit was filed against the State on 29-6-1949 for a declaration that the plaintiffs were entitled to succeed to the property on the death of Mt. Chandi as reversioners to the last male holder Das and for possession of that property.3. On the date of the death of Mt. Chandi in 1998 B., and on the date when the said order was passed in 2005 B., the Mandi Land Revenue Regulation No. 8 of Section 1975 was ...
Sant Ram Vs. the State
Court: Himachal Pradesh
Decided on: Mar-09-1953
Reported in: AIR1953HP105
Chowdhry, J.C. 1. This is an appeal by one Sant Ram, aged 22, of village Droh in Kangra district against his conviction by the learned Sessions Judge, Sirmur, for offences punishable under Section s 302 and 392, I. P. C, and the sentences of transportation for life and five years' R. I. imposed upon him under the respective sections, the sentences running concurrently.2. The prosecution story, as found established by the learned Sessions Judge:, is as follows. The appellant came to Nalian in search of employment and casually met one Jiwanu. (P. W. 10). Jiwanu introduced him to his former' master Kr. Pratap Singh (P. W. 19), and the latter engaged the appellant. on 18-1-1952. Kr. Pratap Singh's wife was already away at Lucknow, and he himself left for Patiala on 19-1-1952. The only inmates of the house left after his departure were his child aged 11 years, a maid servant Mt.Sandla who looked after the child, a servant named Chambel Singh (P. W. 25) and the present appellant. Chambel Sin...
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