Himachal Pradesh Court June 1971 Judgments
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Mandir Shivji Maharaj Darla Vs. Negi and ors.
Court: Himachal Pradesh
Decided on: Jun-29-1971
Reported in: AIR1972HP78
D.B. Lal, J.1. This is a second appeal under Section 104 of the Himachal Pradesh Abolition of Big Landed Estates and Land Reforms Act, 1953 (hereinafter to be referred as the Abolition Act), and has been directed against the decision dated 10th October, 1969 of the District Judge. Mahasu.2. Dhumi who has since died and whose legal representatives are Negi and six others, respondents in this Court, applied to the Compensation Officer under Section 11 (1) of the Abolition Act for acquisition on payment of compensation, the right, title and interest of the land-owner whom they described as 'Shri Mandir Shivii Maharaj Darla through next friends Jagat Ram, Jagar Nath, Masat Ram, Dittu and Amar Chand Tehsil Arki, Mahasu District.' The dispute related to 11-16 bighas area of 25 plots specified in the petition and situate in village Darla of the Tehsil of Arki. The petition was contested by the appellant-landowner on the allegations, that the petitioners were not the tenants, that the land its...
Durga Dass Sud and anr. Vs. Union of India (Uoi) and ors.
Court: Himachal Pradesh
Decided on: Jun-28-1971
Reported in: AIR1972HP26
ORDERChet Ram Thakur, J.1. This is a petition under Articles 226 and 227 of the Constitution of India filed by Durga Dass and another. There is a house property known as 'Handley Cross Estate' (Survey No. 114) situate in Kasauli Cantonment. This property was originally known as 'Dovedell' estate No. U 21 and it was purchased by the predecessors-in-interest of the petitioners on 18th July, 1919 for a sum of Rs. 14,000/- vide a sale deed (Annexure A). The present value of the house is stated to be not less than Rs. 75,000/- and the rental value of the same is Rs. 4,422/- per-annum. Under the Army regulations, any land in the Cantonment under the structures had vested in the cantonment or the Government and the structures remained in the ownership of the person who had constructed the same. The site under the land, therefore, was in a way given in grant to the person who had constructed the structure thereon and the Government had reserved to itself the right to resume the grant at any ti...
Shiv Ditta Vs. Kidar Nath
Court: Himachal Pradesh
Decided on: Jun-23-1971
Reported in: AIR1972HP20
M.H. Beg, C.J.1. This is a Letters Patent appeal against the judgment and decree of a learned Judge of the Delhi High Court (Himachal Bench) by which the learned Judge had allowed the second appeal of the respondents and reversed the concurring decrees of both Courts below. The plaintiff-appellant had brought a suit for a declaration that he is owner in possession of certain land, which had been sold by Smt. Suhago defendant No. 1 to Kidar Nath defendant No. 2, on 14th October, 1958, and for an injunction to prevent interference with the plaintiff's possession. The plaintiff assailed the validity of the sale on the ground that Smt. Suhago the widow of Thakur Dass, had purported to sell her husband's property, which she had forfeited when she remarried in 1930.2. A number of issues were framed including an issue on the Question whether the suit for a declaration and an injunction to protect possession was maintainable as the defendants were in possession, and therefore, without suing fo...
Swaku Vs. Hemanand
Court: Himachal Pradesh
Decided on: Jun-21-1971
Reported in: AIR1972HP31
D.B. Lal, J.1. Sidhu and Swaku appellants, were petitioners before the Compensation Officer under Section 11 (1) of the Himachal Pradesh Abolition of Big Landed Estates and Land Reforms Act, 1953 (hereinafter to be referred as the Abolition Act) and they claimed to be tenants of 6-7-6 bighas of land situate in Khasra Nos. 309. 578 and 608 of village Baggi in Tehsil Sadar of Mandi District. The petition was filed against Parmanand and Hemant Kumar who was then minor the latter being land-owner of the disputed land which, according to the petitioners, was gifted to him by Parmanand on 16-9-1963. It was contended that the gift was invalid because no acceptance was made of the gift on behalf of the minor Hemant Kumar.2. The two land-owners contested the petition on the allegations, that the gift was accepted by the father of Hemant Kumar who is grandson of Parmanand. It was then stated that Hemant Kumar had no other means of livelihood and as such his right, title and interest in the prope...
Chuha and ors. Vs. Bhag Singh and ors.
Court: Himachal Pradesh
Decided on: Jun-16-1971
Reported in: AIR1972HP81
Chet Ram Thakur, J.1. This appeal has arisen out of a suit filed by Bhag Singh and others against Chuha defendant for redemption of land measuring 23 bighas 16 biswas, as detailed out in the head note of the plaint. The facts may briefly be stated as follows :--2. Sudama and Sadhu, who were own brothers, created a usufructuary mortgage of 71 bighas of their land for Rs. 100 in favour of Chuha, Gangu & Gokal in the month of Baisakh 1960 BK. On the death of Sudama, Sadhu inherited his entire estate and he became the sole mortgagor. Subsequently Sadhu also died leaving behind his three sons, Sarvshri Gobind, Bohra and Samandu. In the meanwhile Gangu and Gokal also died, it appears without issues and their succession also devolved on Chuha. Thus he also became the sole mortgagee. Gobind and Bohra sold the equity of redemption in res-peat of their 2/3rd share in favour of Achharu and Nand Lal, the sons of Chuha on 21-1-1958. The latter two redeemed their 2/3rd share. Thus Chuha was only a m...
Parkash Chand Anand Vs. Dhanwant Singh
Court: Himachal Pradesh
Decided on: Jun-10-1971
Reported in: AIR1972HP17
D.B. Lal, J.1. This second appeal has been directed against the judgment and decree dated 6th September, 1967 of Shri B. D. Sharma. District Judge. Mandi.2. The plaintiff Dhanwant Singh came to Court with the allegations, that the defendant Parkash Chand Anand had borrowed Rupees 3,000/- from him on 25th of November. 1960 and the entry to that effect was made in the 'Bahi Khata' of the plaintiff. Subsequently the defendant paid Rupees 120/- on 22-3-1961 and accordingly the entry was made in the 'Bahi Khata'. This was a payment of interest that accrued upon the debt. Thereafter, the defendant paid Rupees 2,000/-on 6-11-1962 and the entry to that effect was again made in the 'Bahi Khata'. The plaintiff appropriated Rupees 600/-towards interest and the remaining Rupees 1,400/- were accounted for the payment of principal amount. In this manner. Rupees 1,600/- remained to be paid for the principal. Besides this, the plaintiff claimed Rupees 96/- for interest and Rupee 1/- for notice which h...
Lim and Co. Vs. K.M. Sayeed
Court: Himachal Pradesh
Decided on: Jun-09-1971
Reported in: AIR1972HP19
ORDERD.B. Lal, J.1. This is a civil revision under Section 115, Civil Procedure Code and has been directed against the order dated 28-11-1970 of the Rent Controller. Simla. The facts which give rise to this petition may be stated.2. Lt. Col. K.M. Sayeed and four others claimed to be trustees of a certain Mulsim Trust which is stated to own some properties in the town Simla. They filed a petition before the Rent Controller for the eviction of the respondents who are their tenants. During the course of litigation, two of the trustees tendered resignation and in their place the Government appointed one Dr. Yusuf Hussain Khan as a new trustee. Accordingly an application was given by the petitioners that Dr. Yusuf Russian Khan be substituted in place of the two trustees who have since resigned. The learned Rent Controller importing the provisions of Order 22, Rule 10 of the Civil Procedure Code granted the prayer and ordered for the substitution. The respondents have felt aggrieved of the d...
Anant Ram Thakur Vs. Deputy Commissioner (Collector) and ors.
Court: Himachal Pradesh
Decided on: Jun-09-1971
Reported in: AIR1972HP15
ORDERD.B. Lal, J.1. Anant Ram Thakur filed a writ petition under Article 226, read with Article 227 of the Constitution of India. The respondents are: the Revenue Minister Himachal Pradesh, the Commissioner (Revenue), the Secretary (Revenue), the Deputy Commissioner and out Shri Khub Ram. It is contended that the petitioner was granted certain land under 'Nautor' in the year 1966. The petitioner accordingly went in possession and planted an orchard. It is stated that the petitioner has invested near about Rs. 1 lac in planting the orchard. The respondents, according to the petitioner being governed by political motives cancelled the 'Nautor' in 1970 and the petitioner was likely to be deprived of the land. Accordingly he filed this writ petition.2. On 16-1-1971, the petitioner has died and it is stated that he has left a 'Will' in which he has made his son Chandra Sen Thakur to be his sole heir to this property. Now Chander Sen Thakur has applied for substitution as legal representativ...
Ballo Vs. Paras Ram
Court: Himachal Pradesh
Decided on: Jun-03-1971
Reported in: AIR1972HP33
M.H. Beg, C.J.1. This is a plaintiffs second appeal directed against the concurring judgments of the Courts below dismissing his suit brought for setting aside a deed of gift dated 14th July, 1964 in favour of the defendant-respondent Paras Ram. The plaintiff's counsel had put forward a case for the cancellation of the gift-deed quite inartistically in paragraph 3 of the plaint as follows:--'The defendant who is a cunning and mischievous person brought the plaintiff, who is a simple and old person aged 70 years, under his undue influence, for some time and by making misrepresentations, deceived and defrauded him. The defendant told the plaintiff that he would manage his property and that for this purpose, he should execute a general power of attorney (Mukhtiarnama) and due to this deception he got a document executed and attested and registered, of which a copy is marked as Ex. D-1.'In paragraph 4 of the plaint he stated:--'After some time, the plaintiff learnt that the document which ...
Harnam Singh Vs. Smt. Kamla Devi
Court: Himachal Pradesh
Decided on: Jun-02-1971
Reported in: AIR1971HP25
D.B. Lal, J.1. This is a civil revision and has been directed against the order dated 9th June, 1970 of the District Judge, Dharamsala. Smt. Kamal Deyi being the mother and natural guardian of her minor sons, Karam Singh (13 years), Bir Singh (11 years) and Sukh Dev Singh (8 years), applied under Section 8 of the Hindu Minority and Guardianship Act before the District Judge, Kangra for permis-sion to sell a parcel of land situate at Khan-pur Chak Indora and belonging to the minors. It was stated that the said land is lying 'banjar' and has been adversely affected by river-action, so much so that no crops ever yielded out of it. There is a close vicinity of river Beas and the process of dilluvion influences the land. As such, it was stated that the said land be permitted to be sold in the interest and welfare of the minors. The usual notice was issued but to the public at large and not to any specific person. No one eame to object and the learned District Judge, after examining two witn...
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