Madhya Pradesh Court July 1958 Judgments
Gopikrishna Vs. Municipal Committee
Court: Madhya Pradesh
Decided on: Jul-31-1958
Reported in: AIR1958MP371
A.H. Khan, J. 1. The facts leading to this second appeal in short are that the plaintiff brought a suit against the Agar Municipality on the allegations that the municipality had asked him to close two spouts of his house, the water of which flowed over the municipal land, that the Municipality is not justified in making that demand, because he enjoys the prescriptive right of easement in respect of these spouts. The plaintiff prayed for a permanent injunction against the Municipality 2. The defendant Municipality resisted the suit on the ground that the spouts in question were newly constructed and that the plaintiff possessed no right of easement about them. It was also pleaded that the suit was not maintainable. The Civil Judge, Agar decreed the suit and issued a permanent injunction. An appeal was filed by the Municipality, Agar, before the Additional Dist. Judge, Shajapur, who allowed it on the ground that the right of easement under Section 15 of the Easements Act was not availab...
Tag this Judgment!Mohammad HussaIn Vs. Firm Andani Co.
Court: Madhya Pradesh
Decided on: Jul-29-1958
Reported in: AIR1959MP30
V.R. Nevaskar, J.1. The appeal involves consideration of a question regarding limitation.2. Plaintiff Mohammad Hussain Bohara of Sanawad filed this suit for the recovery of Rs. 6800/- on the allegations that the defendant had agreed to sell to him the corrugated iron sheets covering the entire premises of the 'Merchant Gin' at Sanawad which the latter had agreed to purchase from a third party at the rate of Annas 3 1/4 per square foot. The contract was entered into on 31-1-1949 and the plaintiff paid Rs. 5000/- towards the contract.The delivery of the sheets was agreed to be given within thirty days. A document containing, these terms was executed between the parties. The defendant, it is said, failed to give delivery as agreed before 3-3-1949 and prayed for the extension of the period for delivery. The plaintiff agreed to the extension by a fortnight. There was further extension by three days subsequent to the date fixed for delivery under the earlier extension up to 1-4-1949.But even...
Tag this Judgment!Rao Motesingh Vs. Chandra Bali Singh and ors.
Court: Madhya Pradesh
Decided on: Jul-25-1958
Reported in: AIR1959MP212
P.K. Tare, J.1. This is a plaintiff's appeal, whose suit was dismissed by Shri V.S. Deshpande, First Civil Judge Class I, Khandwa, on 30-4-1952 in Civil Suit No. 18-A of 1951. The original plaintiff-appellant Rao Ranitsingh died and the present appellant Rao Motisingh has been substituted in his place. The original, defendant-respondent Thakur Narayansingh also died and the present respondents 1 (a) to 1 (e) were substituted in his place.2. The appellant filed the suit, out of which the present appeal arises for possession of two Sir fields Khasra Nos. 91 and 133 and one Khudkast field namely, Khasra No. 69/1 of mouza Saktapur, as also for a declaration that the respondent is separate from the plaintiff with effect from 5-1-1951, and for a permanent injunction restraining the respondent from interfering with the plaintiff's management of the family estate, which he claimed to hold by right of primogeniture.The defence was that the family was not governed by the rule of primogeniture an...
Tag this Judgment!Ram Narayan Vs. Benji
Court: Madhya Pradesh
Decided on: Jul-24-1958
Reported in: AIR1959MP36
V.R. Newaskar, J.1. This second appeal arises out of a suit for ejectment.2. Plaintiff Ram Narayan sued the defendant Benji for ejectment and arrears of rent. The claim for ejectment was based on two grounds, (1) that he needed the premises for his own use within the meaning of Section 4(g) of the Madhya Bharat Sthan Niyantran Vidhan and (2) that the defendant failed to pay the arrears of rent in spite of service of notice making a demand for the arrears.3. The defence taken by the defendant was that the plaintiff himself lived in a house in Malharganj and so far as plaintiff's children arc concerned they occupy two blocks in the house in question. The plaintiff therefore was not in genuine need of the house for his own use. As regards the defendant's failure to pay the arrears in spite of notice it was contended that the rent agreed to between the parties was Rs. 15/- P. M. and not Rs. 20/- P. M. as demanded by the plaintiff in his notice. He further contended that even before the rec...
Tag this Judgment!Ghasiram Vs. Shankarlal and ors.
Court: Madhya Pradesh
Decided on: Jul-23-1958
Reported in: AIR1960MP3
P.V. Dixit, J.1. This appeal from a judgment of the District Judge of Dhar, which reversed a judgment of the Munsiff, Dhar, raises the question whether the plaintiff-respondents Shankarlal and Ramkishan, who purchased a house in pursuance of a decree for specific performance of an oral contract to sell the house, concluded between them and Bondar and Chhetar, the owners of the house, are bound by certain mortgages created by the owners in favour of the appellant after the contract to sell.2. The material facts are that on 27th December 1927 Bondar and Chheetar entered into an agreement with Shankarlal and Ramkishan for the sale of the house to them for Rs. 3500/-. It was agreed between (he parties that out of this consideration Rs. 1100/- would be paid immediately and the remaining amount of Rs. 2400/- would be paid by the purchaser directly to Nathuji, Bhagirath and Ghasiram who had taken earlier two mortgages of the property, one of them executed by Mulchand the father of Bondar and ...
Tag this Judgment!Mst. Shashikantabai W/O Ratanlal Porwal Vs. Rajkishan and ors.
Court: Madhya Pradesh
Decided on: Jul-18-1958
Reported in: AIR1959MP336
ORDERT.C. Shrivastava, J. 1. This petition for revision has been filed by the decree-holder whose application for execution of a decree against the non-applicants has been held barred by time.2. On 27-10-1951 the decree in question was passed in favour of the applicant against the non-applicants for Rs. 500/- payable in five instalments of Rs. 100/- each. The first instalment fell due on 1-2-1952 and the subsequent instalments fell dueevery three months thereafter. It was ordered in thedecree that after any instalment had been defaulted and a month had passed after the default, the wholeamount would become payable. ,d eq'r erkyck okftcqy cnk gks The judgment-debtors paid nothing and the decree-holder filed the present execution on 14-5-1955. She has claimed recovery of the last four instalments with interest stating that the first instalment which fell due on 1-2-1952 had become time-barred.3. On behalf of the judgment-debtors it was stated that as the first instalment was defaulted, t...
Tag this Judgment!Syed Qamarali Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jul-18-1958
Reported in: (1959)ILLJ47MP
P.K. Tare, J.1. This second appeal has been filed by the plaintiff, who lost in both the courts below. His appeal before the District Judge was dismissed summarily without notice to the respondent. It is directed against the order of Sri C.B. Kekre, District Judge, Chhindwara, arising out of the judgment and decree passed by Sri S.M.I. Alvi, Civil Judge, Class I, Balaghat.2. The plaintiff-appellant was a sub-inspector of police at Tendu Kheda in charge of the police station house. He, along with some others, had been prosecuted for offences under Sections 304, 331 and 201, Indian Penal Code in the Court of Sri J.N. Dutta, Magistrate, First Class, with powers under Section 30, Criminal Procedure Code, who by judgment dated 7 July 1944 acquitted all the accused honourably incriminal case No. 54 of 1944. The matter was not taken up further by the prosecution against the said acquittal. The prosecution version was that the sub-inspector had been to the house of one Gokal to carry on invest...
Tag this Judgment!Gangaram Madhav Ahir and anr. Vs. Dwarkibai W/O Wasudeo
Court: Madhya Pradesh
Decided on: Jul-17-1958
Reported in: AIR1960MP44
V.R. Newaskar, J.1. This second appeal arises out of a plaintiffs suit for possession of land bearing Khasra No. 208 measuring 0.37 acres situated in Mouja Borawa and in respect of which the plaintiff held a Patta. According to the plaintiff she had mortgaged the land in question with defendant No. 1 under a deed of usufructuary mortgage dated 12-9-1923 and had given over possession only of a portion of the mortgaged property measuring 0.17 acres. The defendant No. 1 had filed a suit against her in the Munsiff's Court at Mandleshwar on the basis of that mortgage and had secured a decree on 30-4-1937.The decree directed her to pay Rs. 100/- to defendant No. 1 by 30-6-1937 and on her failure to do so the mortgaged property might be sold and the defendant No. 1 might be awarded Rs. 100/- out of the sale-proceeds thereof. She failed to pay Rs. 100 as directed in the decree and a final decree for sale therefore was passed on 26-9-1938. The decree remained unexecuted for over 12 years and de...
Tag this Judgment!Smt. Laltabai Gopalrao Naik Vs. Krishnarao Naik and ors.
Court: Madhya Pradesh
Decided on: Jul-17-1958
Reported in: AIR1959MP100
G.P. Bhutt, J. 1. This is plaintiff Smt. Laltabai's appeal from the decree passed by the Civil Judge, Class I, Balaghat, dismissing her suit (No. 30A of 1952) for declaration under Order 21 Rule 63, Civil Procedure Code. 2. Respondents 3 and 4, Samrathmal and Ratanchand, obtained a decree for Rupees 16079/- against respondent 2 Khanderao in civil suit No. 13-B of 1949 of the Court of Additional District Judge, Balaghat. In execution of their decree, they attached two houses situate in the town of Balaghat. The houses were purchased in Court auction by respondent 3 Samrathmal for Rs. 7000/-. The sale, however, has not yet been confirmed. 3. The appellant is the mother of respondents 1 and 2, Krishnarao and Khanderao. She and respondent 1 preferred an objection under Order 21, Rule 58 of the Code of Civil Procedure, to the attachment of their 2/3rd share in the two houses. The objection having been dismissed, the appellant filed the present suit under Order 21, Rule 63 of the Code for de...
Tag this Judgment!Kashi Prasad Sinha Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Jul-17-1958
Reported in: AIR1959MP183
T.P. Naik, J.1. This is a petition under Article 226 of the Constitution of India. The petitioner is the proprietor of the 'Bhartiya Bhandar' whose Hindi publication 'Naya Sahitya Sourabha', parts 1 to 4, hadbeen sanctioned and prescribed as one of the text books in 'Hindi' for the middle school classes in Mahakoshal in the syllabus of studies for classes V to VIII of the middle school for the academic year 1958-59 by the Board of Secondary Education, Madhya Pradesh (hereinafter called the Board).His main complaint is that the State of Madhya Pradesh (respondent No. 1) and the Director of Public Instruction (respondent No. 2) have -- vide notification, dated 1-6-1958, (Annexure E) -- changed the said syllabus of the course of studies for the year 1958-59 and onwards for the middle school classes and substituted a new syllabus in contravention of the Madhya Pradesh Secondary Education Act, 1951 (hereinafter called the Act) and the Regulations made thereunder (hereinafter called the Regu...
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