Himachal Pradesh Court November 1977 Judgments
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Shri Shiam Sunder Gautam and ors. Vs. Shri Tara Chand and ors.
Court: Himachal Pradesh
Decided on: Nov-07-1977
Reported in: AIR1978HP24
C.R. Thakur, J.1. This is a defendants' appeal arising out of a suit for partition of Hindu coparcenary property.2. The plaintiffs pleaded that they formed a joint Hindu family with the defendants, Shiam Sunder and others and the property in suit was coparcenary property, that they possessed a 2/3rd share in the same and a 1/3rd share belonged to the defendants.3. In order to understand the real relationship between the parties it would be proper to give the genealogical tree of the parties: Ram Bhaj Shiv Dutt | _____________________|__________________________ | | | | Devki Nandan Gauri Shankar Ram Chander Ganga Ram died issueless) | | Chaman Prakash | | (adopted son) | _________________ (Plaintiff No. 3) | | | | Tara Chand Manmohan Lal | (Plaintiff 1) alias | Pawan Prakash | (Plaintiff 2) _____________________________________________|__________________________________ | | | | | | |Shayam Sunder Jagdish Narain Vishwa Nath Uma Devi Damyanti Daya Wati Karma Devi(Defdt. 1) (Defdt. 2) (Def...
Smt. Surinder Kaur Vs. Mohinder Bahadur Singh
Court: Himachal Pradesh
Decided on: Nov-04-1977
Reported in: AIR1978HP27
ORDERR.S. Pathak, C.J.1. This revision petition by a landlady is directed against two orders dated July 5, 1977 and Aug. 2, 1977 made by the Controller under the Himachal Pradesh Urban Rent Control Act.2. The petitioner applied for the ejectment of the respondent, who was her tenant in set No. 2, Adda Villa, Lower Kainthu, Simla. The Controller. Simla, made an ex parte order dated Oct. 16, 1976 directing the ejectment of the respondent. The respondent applied on Nov. 29, 1976 before the Controller for setting aside the order on the ground that he had not been served with notice of the ejectment petition. He also filed an appeal against the ejectment order. That appeal was dismissed by the Appellate Authority on June 7, 1977 as barred by time. In the application before the Controller for setting aside the ejectment order, the petitioner raised the objection that the application could not proceed as the appeal against that very order had been disposed of and the order must be deemed to h...
Abhi Ram Vs. Moti Ram and ors.
Court: Himachal Pradesh
Decided on: Nov-03-1977
Reported in: AIR1978HP28
R.S. Pathak, C.J.1. This revision petition is directed against an order dated March 19, 1977 of the learned Subordinate Judge, Kandaghat purporting to restore a suit and directing that the legal representatives of certain deceased parties in the suit be brought on the record.2. A suit was filed in the Court of the learned Subordinate Judge, Kandaghat, and during the pendency of the suit an order was made by the learned Subordinate Judge staying the proceedings in the suit pending the disposal of a first appeal in the High Court. The order specifically directed that the suit be stayed and the record be consigned to the record-room, the suit to be revived when the appeal had been disposed of in the High Court. The order of stay was made on Dec. 5, 1966. It appears that the appeal was actually disposed of by the High Court on Oct. 7, 1968. On April 1, 1972 Jagat Ram one of the plaintiffs died and on Feb. 2, 1973 Bala Ram, another plaintiff, died. Thereafter on May 1, 1973 Gorkhia, a defen...
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