Himachal Pradesh Court January 1996 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Sohan Singh and anr. Vs. Gulzari
Court: Himachal Pradesh
Decided on: Jan-12-1996
Reported in: AIR1997HP12
R.L. Khurana, J.1. This regular second appeal has been filed by the plaintiff against the judgment and decree dated 22-8-1988 of the District Judge, Una allowing the appeal of the defendant and reversing the judgment and decree dated 17-8-1985 of the Senior Sub Judge, Una thereby dismissing the suit of the plaintiff.2. The subject matter of the dispute between the parties is the land measuring 1 kanal 4 marlas comprising of Khasra Number 1099/842 and 1542/843 of village Changar, Mauza Thahra, Tehsil Bangana, District Una specifically described in the plaint and the jamabandi for the year 1979-80 and hereinafter to be referred as 'the land in dispute'.3. The plaintiffs purchased the land in dispute for the previous owner Shri Charan Dass vide registered sale deed dated 21-10-1982. Since after such purchase the plaintiffs are coming in possession thereof as owners. The defendant, who is a head strong person, without any right, title or interest in the land in dispute has started interfer...
Shakuntala Devi Vs. Savitri Devi and ors.
Court: Himachal Pradesh
Decided on: Jan-11-1996
Reported in: AIR1997HP43
R.L. Khurana, J. 1. This appeal has been directed by the defendants against, the judgment dated 1-7-1989 of the District Judge, Una, allowing the appeal of the plaintiffs against the judgment and decree dated 22-10-1986 of the Sub Judge 1st Class, Amb, District Una and granting a decree for joint possession to the extent of 1/2 share in the land in dispute. 2. The admitted pedigree table of the parties is as under:-- Inder Bansi Lal ---------------------------------------------- | | | | Shakuntla Devi Satya Devi Savitri Devi Bhagwanti daughter daughter, daughter, daughter. Defendant No.1. Defendant No.2. Plaintiff No.1.1 | | --------------------------------------------- | | | | Hem Raj Ved Prakash Vijay Shamla Kumari Kumari (Plaintiffs 2 to 5)Bansi Lal son of Inder owned and possessed the following lands in village Badoh Bhadarkali, Tehsil Amb, District Una:-- (a) 1/2 share in the land measuring 95 Kanals 18 Marlas comprising of Khewat No. 532, Khatauni Nos. 1291 to 1296; (b) 1/4 sh...
Smt. Gauran Devi and ors. Vs. Durga Dass
Court: Himachal Pradesh
Decided on: Jan-11-1996
Reported in: AIR1996HP112
Arun Kumar Goel, J. 1. This is an appeal filed by the appellants against the judgment and decree dated 1-6-1988, passed by the then District Judge, Kangra Division at Dharam-shala, whereby the judgment and decree passed by the Sub-Judge 1st Class, Kangra dated 28-6-1985, has been upheld. 2. Fascts out of which the present appeal arise, are that the respondent filed a suit for possession of one storeyed roofed house including compound as also vacant land against the appellants on the basis of title. It was averred by the respondent that he purchased . the house, compound and vacant land from one Shri Bhagwan pass (PW-2) for a lawful valuable consideration of Rs. 2500/- vide sale deed Ex. PW-1/A in the year 1972. Endorsement on Ex. PW-1/A shows that the sale deed was executed on 18-9-1972 on which date itself, the same was registered in the office of the Sub Registrar, Kangra. Case of the respondent further was that he was put into possession of the property purchased by him from Sh. Bha...
Damyanti Dhavan and anr. Vs. New India Assurance Company
Court: Himachal Pradesh
Decided on: Jan-10-1996
Reported in: 1997ACJ296,AIR1996HP106
Arun Kumar Goel, J.1. This appeal has arisen out of award of Motor Accident Claims Tribunal, Shimla in MAC No. 6-S/2/1989/88 dated 20-9-1990 whereby compensation of Rs. 25,000/- has been awarded in favour of the appellants in equal shares. Appellant-2 was proforma respondent before the Tribunal and Appellant-1 was the claimant. 2. Claim petition was filed by Appellant-I claiming compensation under the provisions of Motor Vehicles Act, 1939 in respect of the death of Smt. Harvinder Dhawan her daughter-in-law, who was married 10 her only son Shri S.K. Dhawan. Sh. S.K. Dhawan S o Appellant-1 and finder of Appellant-2 was earlier married to one Smt. Yogesh Kaur and from this wed-lock was Appellant-2 (Ms. Neeti Dhawan). It appears that after the child was born, late Sh. S.K. Dhawan and Smt. Yogesh Kaur parted company and their marriage stood dissolved by a decree of divorce. Thereafter. Sh. S.K. Dhawan married Smt. Harvinder Dhawan and Smt. Yogesh Kaur married Mr. Rajesh Kumar who was then ...
Milkhi Ram Vs. Milkhi Ram
Court: Himachal Pradesh
Decided on: Jan-10-1996
Reported in: AIR1996HP116
Lokeshwar Singh Panta, J. 1. This appeal is directed against the judgment and decree dated 9-3-1989 passed by Additional District Judge (I), Kangra at Dharamshala whereby the appeal of the defendant was dismissed, thereby the judgment and decree of Sub-Judge 1st Class, Nurpur dated 18-6-1985 decreeing the suit of the plaintiff was affirmed. 2. Milkhi Ram (respondent herein) was the olaintiff. Milkhi Ram (appellant herein)was the defendant. Respondent filed a suit based on the premise that he was the legal heir of Punnu deceased and was entitled to claim, withdraw and receive the amount deposited in Co-operative Society Aghar by Punnu deceased and the appellant had no right, title or interest in the estate or in the said amount, as neither he was legal heir nor entitled to the same in any manner. The respondent is claiming himself to be the heir of deceased Punnu being Punnu's mother's brother's son. He pleaded that the appellant was in no way connected with the deceased Punnu. Deceased...
Kartari Devi and ors. Vs. Udham Singh and ors.
Court: Himachal Pradesh
Decided on: Jan-05-1996
Reported in: AIR1997HP70
ORDERS.N. Phukan, C.J. 1. In this revision petition, the petitioners-defendants have assailed the order of the learned District Judge, Una. dated 25-11-1994 in CM. Application No. 203/94 passed in Court Appeal No. 3/1992, R.B.T. No. 228/93. The learned Court below rejected the application under Order 6. Rule 1 7 of the Code of Civil Procedure for amendment of the written statement with the alternative plea regarding adverse possession.2. Brief facts of the case are that land comprising of Khasra Nos. 1095 and 1113 was owned by Lachhman Dass but in possession of Meghooqua2/3rd share and Dehru alias para for the remaining share as tenants-al-will. Both of them died before coming into force of Section 104 of the H.P. Tenancy and Land Reforms Act. 1975 and therefore, the tenancy of Meghoo was inherited by Udham Singh, plaintiff and Prem Singh in equal shares, Dehru succeeded by his sons Gurbachan Singh and Puran Singh defendants. They claimed that proprietary rights were conferred upon the...
Smt. Bhanumati Chouhan Vs. Chetan Singh and ors.
Court: Himachal Pradesh
Decided on: Jan-05-1996
Reported in: AIR1997HP48
R.L. Khurana, J. 1. This Regular Second Appeal against the judgment and decree dated 14th March, 1989, of the learned Additional District Judge, Sirmaur at Nahan, was admitted on the following substantial questions of law :1. In the areas, where Section 123 of the Transfer of Property Act was not applicable, whether gift to be valid must be followed by delivery of possession if the donor is in possession and is capable of giving delivery of possession and whether mutation in the name of donee alone is sufficient?2. Whether delivery of possession is necessary under Hindu Law, if the parties are governed by Hindu Law, to make oral gift complete especially when the provisions of Section 123 of Transfer of Properly Act were not applicable?2. Briefly slated, that facts of the present case are these. Respondent No. 1 (hereinafter referredto as the plaintiff) filed a suit for declaration to the effect that he is owner in possession of the land in dispute. It was averred that he is owner in po...
Madan Lal Butail Vs. Pyare Lal Gupta and ors.
Court: Himachal Pradesh
Decided on: Jan-05-1996
Reported in: AIR1997HP74
ORDERS.N. Phukan, C.J.1. This revision petition is directed against the order dated 28-11-1994 passed by Sub-Judge 1st Class, Court No. 111. Shimla, in case No. 54/6 of 1988, allowing the objection filed on behalf of the objector and dismissing the execution petition filed by the petitioner decree-holder. The objection was filed under Section 214 of the Indian Succession Act, 1925 read with Sections 48.50.5l and Order 21. Rules 10 and 97 to 101 of the Civil Procedure Code.2. Briefly staled, the facts are as follows :Late Roshan Lal, father of the objector filed an eviction petition against Sh. Piare Lal respondent herein, which was allowed by the Renl Controller vide order daled 2-6-1980. Roshan Lal died on 14-12-1984. He married twice. Shri Madan Lal the present petitioner is the son by his first wife. He died leaving behind his seeond wife Smt. Kaushalya, one son Sh. Anil Butail and one daughter Dr. Nirupama Rohtagi.3. Sh. Madan Lal filed the execution petition, which is registered a...
Smt. Mani Devi and ors. Vs. H.P. State Electricity Board and ors.
Court: Himachal Pradesh
Decided on: Jan-05-1996
Reported in: I(1997)ACC478,1996ACJ955,AIR1997HP72
Bhawani Singh, J. 1. This, 'appeal is directal against the award of Motor Accident Claims Tribunal. Shimla in MACC No. 9-S/2 of 1990 dated 29-5-1991. 2. Truck HPS-7610 belonged to H.P. State Electricity Board. Shri Brijender Singh was the driver. On 27-11-1988, it was coming from Luhri to Nithcr met with an accident and fell into the Nitla, At the time of accident, deceased Ghali Ram (hereafter Ghali-Ram) was one of the occupants in it. He died in this accident. According to the claimants, the accident look place due to rash and negligent driving of Driver' Brijender Singh. Ghali Ram was 40 years old and at that lime was working as private Mason and Carpenter. His income was Rs. 1300/- p.m. and he left behind his widow and three sons who were dependent on him. Compensation of Rs. 3 lakhs has been claimed from the respondents. The petition was barred by time, therefore, it was pleaded that the delay was due to the assurances given to them by the respondents that adequate compensation wo...
State of Himachal Pradesh Vs. Yog Raj
Court: Himachal Pradesh
Decided on: Jan-05-1996
Reported in: 1997CriLJ2033
R.L. Khurana, J.1. Respondent Yog Raj was tried for the offences under Sections 304-B, 306, 498-A, Indian Penal Code before the Sessions Judge, Mandi, Kullu and Lauhal-Spiti Districts at Mandi in Sessions Trial No. 24 of 1991. By judgment dated 3-8-92, the respondent was acquitted. This judgment has been assailed by the State through this appeal.2. The deceased Smt. Reena Devi was the daughter of PW Chuni Lal resident of village Dharda, Tehsil Sundernagar, District Mandi. She was married to the respondent according to Hindu rites on 23-2-90.3. On 24-9-90 a younger brother of the respondent informed the parents of the deceased about the deceased having consumed poison and having been admitted in the hospital at Raiti in a precarious condition. On the receipt of such information, the parents of the deceased accompanied by the Pradhan and the Up-Pradhan of the Panchayat and several other persons went to Raiti Hospital. From there, they came to know about the deceased having been shifted t...