Himachal Pradesh Court April 1963 Judgments
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Shri Kantha Mal Vs. H.P. AdmIn and anr.
Court: Himachal Pradesh
Decided on: Apr-27-1963
Reported in: AIR1963HP45,1963CriLJ373
C.B. Capoor, J.C.1. This application in revision by Shri Kantha Mal is directed against an order of the learned Sessions Judge Mahasu, Sirmur, Bilaspur and Kinnaur Sessions Division whereby the order made by a learned Magistrate First Class Mahasu directing that the ornaments recovered from the possession of respondent No. 2 the accused and the box in which the aforesaid pieces of ornaments were contained be returned to the petitioner was vacated and the aforesaid articles were ordered to be returned to respondent No. 2.2. The petitioner and respondent No. 2 are uncle andnephew and lived in the same house in village Suni. Thepetitioner and his wife Smt. Reshmu lived in the upperstorey and respondent No. 2 on the ground floor. Thepetitioner filed a complaint against respondent No. 2 foroffences under Sections 454 and 380 of I. P. C. and brieflystated the petitioner's case was that a vessel containing 80tolas of gold and 90 tolas of silver in the form of ornaments and 1500 silver rupee c...
Rana Vidya Bhushan Singh and anr. Vs. Shri Rati Ram
Court: Himachal Pradesh
Decided on: Apr-27-1963
Reported in: AIR1963HP49
C.B. Capoor, J.1. This is a plaintiffs' second appeal and is directed against a judgment and decree of the learned District Judge, Mahasu, Sirmur, Bilaspur and Kinnaur districts dismissing the suit: filed by the appellants.2. Shri Rana Vidya Bhushan Singh and his sister Smt. Devi Dev Lata minor through her next, friend Smt. Vidyawati filed a suit against the respondent for recovery of possession of land measuring 78 bighas 18 biswas comprised in Khasra No. 331 Khata No. 22 Khatauni No. 27 situate-in village Mihana, of Rs. 500/- as damages for use and occupation of the said land during the period from Kharif 1955 to Rabi 1957 and of future mesne profits:3. The respondent contested the suit inter alia on the ground that the relationship of landlord and tenant subsisted between appellant No. 1 and himself and the Civil Court had no jurisdiction to entertain the suit. This plea found favour with the learned trial Court and the plaint was returned for presentation to the proper revenue Cour...
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