Himachal Pradesh Court July 1962 Judgments
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Sarju Singh Vs. Smt. Gurdwaru and ors.
Court: Himachal Pradesh
Decided on: Jul-27-1962
Reported in: AIR1963HP9
C.B. Capoor, J.C.1. This second appeal arises out of a suit filed by the appellant for a permanent injunction restraining the respondents from interfering with his possessory rights in the land described in the plaint. The suit was valued at Rs. 140/- for purposes of jurisdiction and payment of court-fee. The first and this appeal have also been similarly valued. The question for consideration is as to whether the second appeal is competent.2. The first appellate Court had affirmed the decree of the trial Court and! as such the paragraph of the Himachal Pradesh (Courts) Order 1948 applicable to the question under consideration is 32 (1) (b) (ii). According to that provision a second appeal is competent if the value of the suit is rupees one thousand or upwards or the decree of the district Court involves directly some claim to or question respecting property of like value. According to para 2 (vii) of the aforesaid Order, 'value' ire relation to a suit means the amount or value of the ...
Musadi and ors. Vs. Smt. Ganpatu and anr.
Court: Himachal Pradesh
Decided on: Jul-23-1962
Reported in: AIR1964HP5
C.B. Capoor, J.C.1. This second appeal by one set of defendants and Regular Second Appeal No. 16 of 61 by the plaintiffs arise out of the same judgment and decree of the learned District Judge Mahasu and in order to facilitate matters, I propose to dispose of both by this judgment.2. The facts of the case are that Bihari and Mast Ram were own brothers and each one of them had a moiety share in 38 bighas 11 biswas of land appurtenant to Khewat No. 1, Khatauni No. 27 and in 418 bighas 15 biswas of land appurtenant to Khewat No. 1 Khatauni No. 95 situate in village NaUni Pargana Pargohat Tehsil Arki district Mahasu. They were occupancy tenants and Raja Rajendra Singh, the erstwhile Raja of Arki, who figured as defendant No. 1 to the suit, was the landlord of the aforesaid land. Smt. Ganpatu, the plaintitff to the suit, was the wife of Bihari and Smt. Jamna was the wife of Mast Ram. Bihari died in Baisakh 2.000 B. corresponding to 1944 A.D. and the name of Smt. Ganpatu was brought on recor...
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