Himachal Pradesh Court September 1955 Judgments
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Mohan Singh Vs. Deota Ji Bharmol
Court: Himachal Pradesh
Decided on: Sep-14-1955
Reported in: AIR1956HP22
Ramabhadran, J.C. 1. This second appeal by a defendant arises out of a suit for possession of land and rnesne profits. The trial Court (Subordinate Judge of Theog) granted a decree for possession as well as for Rs. 384/- as mesne profits.. The defendant then went up in appeal to the learned District Judge. There, the plaintiff withdrew his claim for mesne profits. The District Judge then heard arguments on the rest of the appeal and, eventually, dismissed the appeal, subject to this modification that the decree as to mesne profits passed by the trial Court was set aside. The defendant now comes up in second appeal, 2. When this- appeal came up for hearing, doubt was expressed as to whether the second appeal was competent, under the circumstances. Learned counsel took time to study this point and their arguments on this point were heard. The suit was valued at Rs. 310/- for the relief of possession and at Rs. 512/- on account of mesne profits. The claim for mesne profits was given up be...
Kahan Chand Vs. Gyan Chand
Court: Himachal Pradesh
Decided on: Sep-10-1955
Reported in: AIR1956HP41
Ramabhadran, J.C. 1. This appeal had come up before this Court on an earlier occasion, when, as per my learned predecessor's order dated 9-6-1953, the lower appellate Court was directed to take action under Order 23, Rule 3 and to submit its findings to this Court. In pursuance of that order, the Senior Subordinate Judge of Mahasu has made an inquiry into the alleged compromise. His findings are:-- Firstly, that the parties arrived at a, compromise and that its terms are embodied in Ex. P. A. Secondly, that the compromise was lawful, and, thirdly, that the compromise did not need registration or to be stamped. In view of his findings, the Senior Subordinate Judge was of the opinion that the suit had been 'completely adjusted.' Thereupon, he goes on to remark:--'Since the compromise deed includes properties that are not included in the suit, the parties will have to fall back on the compromise deed and act or get enforced their rights and liabilities arising therefrom. So far as the pre...
R.L. Gupta and ors. Vs. State of Himachal Pradesh and anr.
Court: Himachal Pradesh
Decided on: Sep-02-1955
Reported in: AIR1956HP7
Ramabhadran, J.C.1. In this petition under Article 226 of the Constitution, I am requested to issue a writ against respondent 1 (State of Himachal Pradesh) directing it to withdraw an order under Section 238, Punjab Municipal Act (as applied to Himachal Pradesh) superseding the Nahan Municipal Committee, of which petitioner 1 was the President/ petitioner 2, Vice-President and other petitioners, members. 2. Learned counsel for the petitioners argued that the order of supersession was 'mala fide' and was passed due to political differences between the petitioners & the party in power and further with a view to shield the Secretary of the Committee from departmental action. Mr. R.C. Choudhary further contended that before passing the order of supersession, it was incumbent upon the Himachal Pradesh Government to serve a notice upon the petitioners and give them an opportunity of showing cause against the action proposed to be taken. 3. In this connection, he invited my attention to the p...
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