Madhya Pradesh Court March 1959 Judgments
idol Baldauji of Dabri Pittha Vs. Medh Rajput Association and ors.
Court: Madhya Pradesh
Decided on: Mar-31-1959
Reported in: AIR1959MP330
Nevaskar, J. 1. This appeal arises out of a suit filed by one Sitaram son of Ghasiram Medh Rajput of Gwalior, in the name of the idol Shree Baldauji. The idol was claimed to have been installed in the temple at Ujjain known after that name by the ancestor of said Sitaram by name Rambuxji about one hundred and fifty years prior to the suit and the properties of the temple were said to have been developed with the aid of funds donated by the founder and his successors including Ghasiramji the father of Sitaram. Claim was also made, which appears to have been abandoned later on, that the temple of Baldauji was not a public temple but a private one. It is however asserted even now that the right to manage the affairs of the temple and its property vests solely in the members of the founder's family and in exercise of this right they have all along appointed Pujaris and bore expenses in relation to the ceremonies and worship at the temple. Ghasiramji, the father of Sitaram had become too ol...
Tag this Judgment!Nawab Usman Ali Khan and ors. Vs. Choudhry Faezulla and ors.
Court: Madhya Pradesh
Decided on: Mar-31-1959
Reported in: AIR1959MP377
ORDERV.R. Newaskar, J.1. This is a petition under Article 226 of the Constitution and relates to properties comprised in the Wakf known as Hussain Tekri Sharif in the town of Jaora. The petitioners are Nawab Usman Ali Khan of Jaora and the members of the Intazamia Committee appointed by the Nawab in his capacity as the alleged Mutawalli of the trust. The petition is directed against the Chairman (called President in the petition) and the Madhya Bharat Muslim Wakf Board appointed under the Muslim Wakfs Act, 1954, as also against the Government of Madhya Pradesh and the Union of India.2. The case of the petitioner is that the Wakf in question was founded by Nawab Ismail Khan the ancestor of the present petitioner and the Ruler of Jaora about 150 years back; that he during his life-time and after his death his descendants including the petitioner No. 1 used to manage the affairs of the Trust including administration of its properties either by themselves or through their nominees acting u...
Tag this Judgment!Kanhyalal Vishweshwarlal Mahajan Vs. Ramchandra Shankarrao Holkar
Court: Madhya Pradesh
Decided on: Mar-31-1959
Reported in: AIR1959MP415
V.R. Newaskar, J.1. The facts giving rise to this second appeal lie within a narrow compass.2. The estate of the respondent Ramchandra Holkar consisting of a forest coup was under the management of Court of Wards in the year 1943. The appellant Kanhaiyalal took the forest coup for exploitation from the Court of Wards on the basis of a contract. Disputes arose regarding the alleged acts of trespass and unauthorised ousting of the trees outside the limits of the area allotted to the appellant. The appellant denied the alleged cutting outside the limits of the area covered by his contract. The dispute was referred to arbitration of the then Divisional Forest Officer Mr. Tiwari. He gave his award whereby the respondent was awarded Rs. 3000/- for the unauthorised cutting found and estimated by him. The appellant Kanhiyalal did not accept the award. Thereupon the respondent filed the suit on the basis of the award and also upon the original cause of action claiming Rs. 3315/-. The suit was c...
Tag this Judgment!Mst. Zenab Bi W/O Sakhawat HussaIn Vs. Wajahat Husen Karamat Hussain
Court: Madhya Pradesh
Decided on: Mar-31-1959
Reported in: AIR1959MP384
P.V. Dixit, J.1. The appellant instituted a suit against the respondent for getting possession of 4/5th share of a house situated in Khakrobpura, Bhopal, alleging that she had purchased the house by a registered sale-deed dated 17-4-1926 and was the exclusive owner of the same; that her husband died on 15-11-1948; that on the death of her husband the defendant-respondent came to pay a condolence visit to her; and that he continued to stay in the house and gradually took illegal possession of a portion of the house which, according to her, was to the extent of 4/5th of the house. The plaintiff proceeded to allege that the defendant refused to give up possession of the house and that his possession was that of a trespasser. The suit was instituted in the court of Munsiff. Bhopal, whose pecuniary jurisdiction was limited to Rs. 1000/-. The plaintiff valued the portion of the house that was in the occupation of the defendant at Rs. 800/- and accordingly paid ad valorem court-fee on the pla...
Tag this Judgment!Rambharosa Kalar Bhawani Kalar Vs. Surendra Nath Thakur
Court: Madhya Pradesh
Decided on: Mar-30-1959
Reported in: AIR1960MP81
Tare, J. 1. This is a reference under Section 13 of the Legal Practitioners Act (No. 18 of 1879) by the District Judge, Durg at Rajnandgaon at the instance of the applicant Rambharosa against the non-applicant.2. The proceedings registered as Misc. Judicial Case No. 13 of 1954 and started in the Court of Civil Judge Class II, Rajnandgaon were dropped by him on 7-4-1955. He was of the view that he had no jurisdiction to continue the enquiry against the lawyer and, therefore, he referred the matter to the District Judge, who in his turn made a reference to this Court. Tambc J., by order dated 21-9-1956 decided to continue the enquiry and authorised Civil Judge Class II, Rajnandgaon to enquire into the allegations and submit his report to this Court. In compliance with the said order the learned Civil Judge has submitted a report dated 23-2-1957.3. Although notices were issued to the applicant and the non-applicant more than once giving fixed dates of hearing before this Court, none of th...
Tag this Judgment!Singhai Tantilal S/O Panchamlal Vs. City of Jabalpur Corporation
Court: Madhya Pradesh
Decided on: Mar-26-1959
Reported in: AIR1960MP223
Tare, J.1. This case comes before us upon a reference by one of us (Tare J.).2. This appeal by the unsuccessful plaintiff is directed against the decree dated 18-4-1956 passed by Shri D. G. Mahadeokar, Third Additional District Judge, Tabalpur, confirming the decree passed, bv Shri t. S. Khare, 1st Civil Judge Second Class, Jabalpur in Civil Suit No. 144-B of 1953 decided on 3-4-1954.3. The appellant sued for recovery of Rs. 4446/5/- inclusive of interest by way of damages, alleging that the respondent had wrongly recovered an amount of Rs. 3446/5/- from him as octroi duty with penalty for an alleged import of 131 maunds 10 seers of kaththa on 15-4-1952 without payment of the requisite octroi duty. The appellant further pleaded that he had imported 80 maunds of kaththa from Kheruwas from 1-1-1952 to 10-4-52 in small lots. The appellant was a licensee of the Narayan-ganj Range forest.He allowed some persons called Kheruwas to collect kaththa from that forest and to deliver it to him at ...
Tag this Judgment!Nathuram Girwarchand and anr. Vs. Baijnath Mangakhanlal
Court: Madhya Pradesh
Decided on: Mar-26-1959
Reported in: AIR1959MP422
ORDERShiv Dayal Shrivastava, J. 1. In this revision the question is whether the award filed by the arbitrators was barred by time and, therefore, could not be acted upon by the Civil Court before which it was filed. Certain dispute between the parties in this revision was referred to arbitration on 7-1-1955. The arbitrators filed their award in the court of Civil judge Second Class, Bhind on 8-10-1955. Inter alia the objection of the petitioners Nathuram and Shrilal was that the filing of the award was barred by time and therefore it should be set aside. The objection was overruled by the trial Judge.2. In this revision Shri Ramkrishan Dixit learned counsel for the petitioners relies on Article 178 of the Limitation Act. In my opinion that Article does not apply where an award is filed by an arbitrator himself. When an arbitrator makes an application he does not seek any relief against any party. The articles in the schedule of the Limitation Act apply to applications which are made by...
Tag this Judgment!Swamiprasad Vs. Bada Rai Sawai Singhai Churaman and ors.
Court: Madhya Pradesh
Decided on: Mar-25-1959
Reported in: AIR1960MP14
Sharma, J.1. This is a Letters Patent Appeal against the judgment dated 28-9-1956 delivered by Mudholkar J. in Miscellaneous Appeal No. 193 of 1953 arising out of the order dated 31-8-1953 passed by the Second Civil Judge Class I Jabalpur in civil suit No. 13-A of 1952.2. The material facts for the purposes of the present appeal are as follows: A suit was filed against ten persons for possession of a portion of a house belonging to the plaintiffs. According to the latter the defendants taking advantage of their absence had disturbed their possession and wrongfully entered into possession of a portion of the house in dispute in the year 1946. The defendants denied the plaintiffs claim.3. During the pendency of the suit, defendant No. 2 Ganeshprasad died on 5-11-52 and the defendant No. 3 Badriprasad died on 4-11-52. The plaintiffs' applications for bringing the legal representatives of these persons on record as also for Setting aside the abatement and for condonation of the delay in ma...
Tag this Judgment!Ramratan Bhondoo Vs. Chauwamal Lukkimal
Court: Madhya Pradesh
Decided on: Mar-25-1959
Reported in: AIR1959MP348
Shiv Dayal, J. 1. This second appeal arises out of a suit for possession of a house which the respondent had purchased in a court sale, in execution of his own decree against the appellant. The material facts are that on May 2, 1940 the sale was made absolute in favour of the decree-holder. On 19-4-1941 the sale certificate was granted to the decree-holder purchaser. On 10-4-1942 he applied to the executing court for delivery of possession of that house to him but eventually the execution was dismissed for default. Then the decree-holder purchaser brought this suit for possession. The suit was resisted by the judgment-debtor on the ground that the suit was barred. This objection did not find favour either with the trial Judge or with the first appellate Court. 2. In this second appeal the only question to be decided is whether the suit is barred by Section 234 of the Gwalior Zabta Diwani (Gwalior State Code of Civil Procedure) which was then in force. Section 234 of Gwalior Zabta Diwan...
Tag this Judgment!Ramdeen and anr. Vs. Laxmi Kumar Shriniwas and ors.
Court: Madhya Pradesh
Decided on: Mar-23-1959
Reported in: AIR1959MP396
Shiv Dayal Shrivastava, J. 1. This is a second appeal by two of the judgment-debtors. In Civil Suit No. 112 of 1990 Samvat, the Court of District Sub-Judge, Bhind on June 4, 1935 passed a decree for Rs. 1191/8/- in favour of the first respondent. That decree was put to execution in the Civil Court which passed it. Later, the decree was transferred to the Suba (Collector) of Bhind for sale of Zamindari properly of the judgment-debtors. The matter went on for a number of years. On October 2, 1951, by virtue of the M. B. Abolition of Zamindari Act, the Zamindaris did not continue to exist.The Collector returned the decree as per his certificate dated April 6, 1953. The decree-holder then prayed on October 2, 1953 that the compensation of the zamindari payable to the judgment-debtors, be attached. When process was issued theCompensation Officer replied by his letter No. 840 dated October 15, 1953 that there was no amount of compensation lying with him as payable to the judgment-debtors.Fin...
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