Himachal Pradesh Court April 1953 Judgments
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Kundan Vs. Kanahya and ors.
Court: Himachal Pradesh
Decided on: Apr-29-1953
Reported in: AIR1953HP91
ORDERChowdhry, J.C.1. The defendant-petitioner Kundan on the one hand and the plaintiffs-respondents Kanahya, Nand Ram, Shiv Lal and Man-gat Ram and the defendant respondent Daulat Ram on the other, are, rival claimants to the office of pujari of an idol known as the Deota Bathindlu installed in a temple in village Panjyali Sub-Tehsil Suni. Nika Ram and five other defendants are the kardars or managers of the temple, and the Deota has also been impleaded as a defendant.2. The cause of action for this suit, instituted on 11-1-1950, was that about two years previously on 14th Jeth 2005 B. the kardars appointed the defendant-petitioner as pujari of the idol. The plaintiffs alleged that the kardars had no right to do so inasmuch as they (the plaintiffs) and the pro forma defendant Daulat Ram, brother of the plaintiffs Kanahya and Nand Ram, had the exclusive right to hold the office as hereditary pujaris and as the defendant-petitioner was an illegitimate son and therefore unfit to hold the...
Halayudh and anr. Vs. Tek Chand and ors.
Court: Himachal Pradesh
Decided on: Apr-02-1953
Reported in: AIR1953HP85
Chowdhry, J.C.1. These are two appeals by the defendant's arising out of a suit of the plaintiffs-respondents for recovery of Rs. 3,000/- as compensation for breach of a contract.2. The plaintiffs had taken from the Government a contract for floating sleepers of wood down certain streams, and part of that work was entrusted by them to the defendants under a contract dated 17 Har 2004 B. In order to understand the terms of the contract it is necessary to be clear with regard to the topography of the scene of the defendants' work. The plaintiffs had depots at the upper reaches of four nullahs. The defendants had to launch sleepers at these depots into the four nullahs and float them down the streams until they met at a point known as Khanagi. Thereafter the sleepers were to be floated through a single and a deeper channel, known as Killan Khud two or two and a half miles in length, before this channel joined the main channel called Bakhal Khud at a point known as Killan. After floating t...
Mt. Santokhu and anr. Vs. the State
Court: Himachal Pradesh
Decided on: Apr-01-1953
Reported in: AIR1953HP82
Chowdhry, J.1. This is a plaintiff's appeal from the judgment and decree of the learned District Judge of Mandi dated 27-11-1951 allowing the appeal of the defendant, the State of Himachal Pradesh, and dismissing the suit of the plaintiffs for possession of certain land.2. The land in suit originally belonged to one Fattu and on his death his widow Mt. RBonku succeeded to it with a life interest. Mt. Ronku died on 20th Katik 2001 B. (corresponding roughly 1944 A. D.). On 14-10-1948 the Deputy Commissioner of Mandi passed an order escheating the land to the Government. The present suit was thereupon filed on 9-6-1951 by the three daughters of Mt. Ronku by Pattu for the aforesaid relief.3. The trial Court decreed the suit. While holding that the plaintiffs were the daughters of Fattu, and that as such they were not entitled to succeed to the property of their father Pattu under the then State laws, it decreed their suit on the finding that under the present law there was no bar against t...
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