Himachal Pradesh Court April 1961 Judgments
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Jai Singh Vs. Mangtoo and ors.
Court: Himachal Pradesh
Decided on: Apr-27-1961
Reported in: AIR1962HP10
C.B. Capoor, J.C.1. This petition and Civil Miscellaneous Petitions Nos. 12 to 39 of 1961 purport to be under Article 227 of the Constitution of India and in the alternative under paragraph 35(1)(a) of the Himachal Pradesh (Courts) Order, 1948. Common questions of law arise in the aforesaid petitions and I propose to dispose of all of them by this order.2. The petitions are directed against orders of the learned Additional Subordinate Judge Mandi whereby applications filed by the petitioner for the filing of an award under Section 14 of the Arbitration Act of 1940 were thrown out on the ground that the same were not maintainable.3. The petitioner is the usufructuary mortgagee of certain land in village Kasrela Tehsil Sadar District Mandi and the respondents are the tenants of different parcels of the aforesaid land. There was dispute between the parties about the quantum of rent payable for the years Rabi 2004 B. to 2010 B. which was referred to one Shri Sohan Lal for arbitration. The ...
Ata Mohammad Vs. Ghera and anr.
Court: Himachal Pradesh
Decided on: Apr-24-1961
Reported in: AIR1962HP17
C.B. Capoor, J.C.1. This petition in revision by Ata Mohammad is directed against an order of Shri B.S. Gautam, Senior Subordinate Judge, Chamba, exercising powers of a Judge of the Court of Small Causes, whereby the suit filed by respondents Nos. 1 and 2 against the petitioner and respondent No. 3 for recovery of a sum of Rs. 30/- as damages was decreed for recovery of a sum of Rs. 20/-.2. The plaintiffs-respondents' case was that the ghala named Gawarara-ka-nala measuring 18 biswas comprising Khasra No. 35 situate in village Siyun belonged to them and was in their possession, that in the month of Asoj 2015 B. the petitioner and the defendant-respondent No. 3 cut 160 bets of grass from the aforesaid ghala and appropriated the same and that the aforesaid 160 bets were of the value of Rs. 30/- at the rate of -/3/- per bet 3. The suit was resisted by the petitioner and defendant-respondent No. 2 on the grounds that they have been in possession of the aforesaid ghaia for about 80 to 90 ye...
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