Himachal Pradesh Court October 1986 Judgments
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Vishwa Nath Vs. Shakti Ram and ors.
Court: Himachal Pradesh
Decided on: Oct-20-1986
Reported in: AIR1987HP29
T.R. Handa, J.1. This Regular SecondAppeal is at the instance of the plaintiff. Itarises out of a suit for redemption in thefollowing circumstances : -One Smt. Durga Devi, the then owner of the property in dispute, mortgaged the same with one Daulat Ram for a consideration of Rs. 900/-on 23-12-1926. The property mortgaged included a double storeyed shop at the time of creation of the initial mortgage. Shri Daulat Ram, the original mortgagee, subsequently transferred his mortgagee rights in favour of the firm M/s. Udho Mal Shiama Mal by means of a registered sale deed dated 31-3-1928. Smt. Durga Devi brought her suit for possession by redemption of the mortgaged property against the various partners of the firm, Udho Mai Shiama Mal. She, however, died on 20-4-1970 during the pendency of that suit. That suit was ultimately dismissed as abated.2. The plaintiff-appellant who is the sole heir of said Smt. Durga Devi instituted his suit giving rise to this appeal for possession of the mortga...
Lekh Ram Vs. State of Himachal Pradesh and anr.
Court: Himachal Pradesh
Decided on: Oct-17-1986
Reported in: AIR1987HP61
R.S. Thakur, J.1. Lekh Ram, the petitioner in this writ petition under Articles 226/227 of the Constitution of India, is Pradhan of Gram Panchayat, Dobha, Block Development Sadar, Tehsil Sadar, District Bilaspur. While he was presiding over the panchayat meeting on March 13, 1986, Prem Lal of village Barota within the said panchayal Circle, approached him and requested him to issue certain certificates to the effect that he was bona fide resident of Himachal Pradesh and belonged to Scheduled Caste. While the petitioner was preparing said certificates the officials of the Vigilance Deptt. (And Corruption) entrapped him for receiving illegal gratification from said Prem Lal to the tune of Rs. 50/- in currency notes of rupee ten each. Consequently a case under Section 161 of the Indian Penal Code read with Section 5(2) of the Prevention of Corruption Act was registered against the petitioner. He was also placed under arrest and was released on bail on the next day i.e., March 14, 1986.2. ...
Dinanath Vs. Amar Nath and ors.
Court: Himachal Pradesh
Decided on: Oct-14-1986
Reported in: AIR1987HP44
ORDERT.R. Handa, J.1. This revision petition is directed against the order dated 30th April, 1980, recorded by the Senior Sub-Judge, Hamirpur, disallowing an application of the petitioner-plaintiff made under Order 22, Rule 4, C.P.C. It appears that the petitioner-plaintiff filed a suit for the recovery of Rs. 5,300/- against Shri Chet Ram, the predecessor-in interest of the respondents. The suit was filed on 3-2-1976. Shri Chet Ram, the original defendant, expired during the pendency of the suit on 18-8-1977. The factum of death of Shri Chet Ram was brought to the notice of the trial Court on 23rd Aug. 1977. On that day the trial court directed the petitioner-plaintiff to take steps under Order 22, Rule 4, C.P.C. for bringing on record the legal representatives of the deceased-defendant by 2-9-1977. No such steps having been taken by the petitioner-plaintiff till 2-9-1977, the trial Court adjourned the case to 4-10-1977 with the directions that an application under Order 22, Rule 4, C...
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