Madhya Pradesh Court January 1989 Judgments
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Ghasiram S/O Jawaharlal JaIn Vs. Kunjilal (Dead) Through L.Rs. Gunpal ...
Court: Madhya Pradesh
Decided on: Jan-03-1989
Reported in: 1992(0)MPLJ103
ORDERFaizanuddin, J.1. This appeal under Order 43, Rule l(u) of the Code of .Civil Procedure has been directed by the plaintiff/appellant against the order dated 31st October, 1985, passed by the IInd Additional Judge to the Court of District Judge, Sagar, in Civil Appeal No. 12-A of 1983, remanding the case to the trial Court deciding it afresh.2. The facts giving rise to the present appeal may be shortly stated thus : The plaintiff/appellant had instituted a suit for possession of certain land and damages amounting to Rs. 100/- on the basis of his title over the said land under a registered sale-deed. The defendants/respondents resisted the suit by denying the plaintiff's claim by pleading that the plaintiffs vendor had no substituting title to the suit land so as to enable him to transfer the same to the plaintiff. The defendants' pleaded that the land belonged to them and they were in possession of the same by virtue of their own rights. The trial Court dismissed the suit by judgme...
Dr. Mohammed Gulam Nabi Khan Vs. Dr. Mehfooz Ali
Court: Madhya Pradesh
Decided on: Jan-03-1989
Reported in: 1991(0)MPLJ559
B.C. Varma, J.1. In this appeal by the defendant against the decree for damages, the question of law for determination is whether the act complained of is actionable as a tort. The findings of the Courts below, which are now binding in this second appeal are that the appellant bore malice against the respondent as the appellant was opposed to the marriage of the respondent's sister with his cousin brother. Complaints were made by the appellant to district authorities against the respondent relating to the respondent's activities as medical practitioner. These complaints were also actuated by malice resulting from professional rivalry as both of them were medical practitioners at the same place. Ex.P/10 is one of such complaints. Inquiry was held by the district authorities into those complaints and the respondent's place of business was searched. The complaints were all found false. Consequently, those complaints including the complaint vide Ex.P/10 were dropped. The respondent/plainti...
Dr. Mohammad Gulam Nabi Khan Vs. Dr. Mohfooz Ali
Court: Madhya Pradesh
Decided on: Jan-03-1989
Reported in: 1991ACJ548
B.C. Verma, J.1. In this appeal by the defendant against the decree for damages, the question of law for determination is whether the act complained of is actionable as a tort. The findings of the courts below, which are now binding in this second appeal, are that the appellant bore malice against the respondent as the appellant was opposed to the marriage of the respondent's sister with his cousin brother. Complaints were made by the appellant to district authorities against the respondent relating to the respondent's activities as medical practitioner. These complaints were also actuated by malice resulting from professional rivalry as both of them were medical practitioners at the same place. Exh. P-10 is one of such complaints. Inquiry was held by the district authorities into those complaints and the respondent's place of business was searched. The complaints were all found false. Consequently, those complaints including the complaint vide Exh. P-10 were dropped. The respondent/pl...
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