Himachal Pradesh Court August 1988 Judgments
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Dalip Chand and anr. Vs. Chuhru Ram
Court: Himachal Pradesh
Decided on: Aug-31-1988
Reported in: AIR1989HP44
V.K. Mehrotra, J. 1. This second appeal is by Smt. Minhon, defendant in a suit instituted by her son Chuhru Ram, who is the respondent in this Court Apart from her, one Dalip Chand is also an appellant. He too was a defendant in the suit. 2. One Munshi Ram, husband of Smt. Minhon and father of plaintiff Chuhru, was occupancy tenant of 144 Kanals of land He died in the year 1940 leaving Smt. Minhon and Chuhru Ram as his heirs. 3. Section 59 of the Punjab Tenancy Act contemplated succession to the entire occupancy tenancy land in favour of Chuhru as the sole male lineal descendant of Munshi Ram. Smt. Minhon was only entitled to a life estate under that provision. However, mutation was effected in favour both of Chuhru Ram and Smt. Minhon in respect of the land in equal shares. Chuhru Ram was a minor then. 4. After he attained majority, civil suit No. 355 of 1952 was instituted by Chuhru on Oct. 10, 1952, in the Court of Sub-Judge Ist Class, Una, in which he sought a decree for possession...
Suraj Kund Temple and anr. Vs. Rama Kant and ors.
Court: Himachal Pradesh
Decided on: Aug-31-1988
Reported in: AIR1989HP59
R.S. Thakur, J.1. The facts and circumstances giving rise to this appeal are as follows : --The appellant, hereinafter referred to as the plaintiff, is Suraj Kund Temple deity at Sunder Nagar, which instituted a suit through is Managing Committee, known as temple committee consisting of two members S/Shri Basant Singh and Kali Dass and Thakur Dass, being its Secretary, was authorised to prosecute the suit on behalf of the deity though the plaint has been signed and verified by one of its members, i.e., Shri Kali Dass as well. One of the defendants in that suit was, amongst others, one Hari Krishan, defendant 1, and the averments in the plaint were that though the property belonged to the deity, which was the subject matter of the suit but was improperly and illegally alienated in favour of defendant Hari Krishan by the State of Himachal Pradesh or its predecessor-in-interest and a declaratory decree was sought to the effect that this alienation was void and the possession in respect of...
Mela Singh and ors. Vs. the Director, Consolidation of Holdings, Himac ...
Court: Himachal Pradesh
Decided on: Aug-23-1988
Reported in: AIR1989HP78
ORDERV.K. Mehrotra, J.1. Mela Singh and four others are Julahas by caste and residents of village Basdehra, Tehsil and District Una. They have approached this Court for redress in the matter of proceedings under the Himachal Pradesh Holdings (Consolidation and Prevention of Fragmentation) Act, 1974 (for brief; 'the Act').2. The dispute centres round Khasra Plot No. 573 (Old). The entire Khasra plot, according to the jamabandi for the year 1968-69, was in use for common purposes as a Tohba. During consolidation proceedings a scheme was framed for the use of land which was being utilized for common purposes. In respect of plot No. 573 it was mentioned that it was land for 'general use' and the nature of the land was described as 'Gair Mumkin Tohba'. The scheme provided that the land will continue to be used for general use by the general public. Later, a modification was brought about in the scheme. The area of plot No. 573(old) which was found to be 'Tohba' was left for common use and t...
In Re: Nanak Chand, theog
Court: Himachal Pradesh
Decided on: Aug-04-1988
Reported in: AIR1989HP46
ORDERP.D. Desai, C.J. 1. These suo motu proceedings have been initiated in view of an order dt. Sept. 26, 1987 passed by the Sub-Divisional Judicial Magistrate, Theog (hereinafter referred to as 'the lower Court'), in the course of a proceeding initiated by him suo motu in the purported exercise of contempt jurisdiction against the Junior Engineer, Telephone Exchange, Theog (hereinafter referred to as 'the J.E.'). The origin of the proceedings culminating into the said order is to be found in an unfortunate controversy which developed between the lower Court and the J.E. in connection with the alleged non-payment of certain trunk call bills and the consequential disconnection of the office telephone of the lower Court. 2. It appears that the following three bills were issued by the telephone authorities for the recovery of charges of trunk calls allegedly booked from the telephone installed in the office of the lower Court. 1.Bill dated 21-1-1987 for Rs. 174/- 2.Bill dated 21-3-1987 f...
Kailash Chand and anr. Vs. Smt. Gudi and ors.
Court: Himachal Pradesh
Decided on: Aug-03-1988
Reported in: AIR1990HP17
V.K. Mehrotra, J.1. Prabh Dayal (now dead and represented by L. Rs.) instituted civil suit No. 136 on May 6, 1968, in the Court of the Senior Sub-Judge, Chamba. He claimed to be the owner of Khasra No. 1631, situate in Mohal Rupani, Pargana Rajnagar, Tehsil and District Chamba. His case further, was that he had planted a number of fruit trees over a part of Khasra No. 1631 which were damaged by the defendants in the month of April 1967, by throwing Malba thereon. He claimed a decree for injunction restraining the defendants from doing so in future. Also, a decree for the damage caused to the trees as well as for the expenses likely to-be incurred by him for removal of the Malba. The defendants, who are appellants in the present second appeal, resisted the suit. They deniedthat plaintiff Prabh Dayal was the owner of Khasra No. 1631. They also said that the land in suit was being used for a very long time for burying dead animals and for throwing refuse thereon and was also being used by...
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