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Madhya Pradesh Court January 2002 Judgments

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Jan 02 2002

Shabbir HussaIn and ors. Vs. Naade Ali and ors.

Court: Madhya Pradesh

Decided on: Jan-02-2002

Reported in: AIR2002MP160; 2002(1)MPLJ489

ORDERS.P. Khare, J.1. This is a revision by the plaintiffs against the order dated 15-3-2000 of the 11th Additional District Judge, Jabalpur in Civil Suit No. 58-A of 1997 by which they have been directed to pay court-fee on the basis of the market value of the house in dispute for the relief of declaration and permanent injunction.2. The facts relevant for the present purpose pleaded in the plaint are that the plaintiffs are owners of the house in dispute on plot No. 33, Jawaharganj Jabalpur; defendants Nos. 1 to 3 are their tenants in one shop, defendant No. 4 is tenant in another shop and the defendants Nos. 5 to 7 are their tenants in the third shop; the rent of the shop with the defendants Nos, 1 to 3 is Rs. 600/- per month; the defendants Nos. 1 to 3 were recovering the rent of the two other shops and were remitting the same to the plaintiffs, these defendants have now started claiming that they are co-owners of this house, The present suit is for eviction of the defendants Nos. ...


Jan 02 2002

Dariav Singh Verma Vs. Life Insurance Corporation of India

Court: Madhya Pradesh

Decided on: Jan-02-2002

Reported in: [2002(94)FLR273]; (2002)IIILLJ373MP

Deepak Verma, J.1. This appeal under Clause 10 of the Letters Patent has been preferred by an unsuccessfulpetitioner against the order passed by learned single Judge in his W.P. No. 816 of 1999, decided on September 26, 1999.2. Brief facts, material for deciding thesaid appeal, are mentioned hereinbelow.Appellant was issued a charge-sheet on January31, 1983 mentioning therein that he, alongwithother employees of the Life InsuranceCorporation had forged Insurance Policies andhad received maturity payments thereof in theyear 1982. On account of the said charge, adepartmental enquiry against him was initiated.In the said departmental enquiry, appellant was not permitted to cross-examine theHandwriting Expert with the help of 'anadvocate. Ultimately in the departmentenquiry, the charge was found to be proved.Consequent thereupon an order of dismissalwas passed against him. Appellant, beingaggrieved by the said order of dismissalpreferred to file W.P. No. 554 of 1989. Thesaid petition was a...


Jan 02 2002

Smt. Nirmala @ Kajal and ors. Vs. Sanjay Kumar Sukhawani

Court: Madhya Pradesh

Decided on: Jan-02-2002

Reported in: I(2002)DMC793

ORDERS.P. Khare, J.1. This is a petition under Section 24, C.P.C. for transfer of Civil Suit No. 49-A of 2001 from the Court of Additional District Judge, Burhanpur to Bhopal.2. Respondent Sanjay Kumar Sukhawani is husband of petitioner No. 1 Smt. Nirmala @ Kajal. He has filed the above civil suit at Burhanpur for annulling the marriage under Section 12(1)(c) of the Hindu Marriage Act, 1955 as according to him his consent for the marriage was obtained by the defendants by fraud as it was not disclosed at the time of the settlement of the marriage that Nirmala is suffering from a chronic heart disease on account of which she is not able to fulfil her marital obligations. The summons of the suit has been served on the petitioners at Bhopal where they are living and that is also the place where the marriage was performed. After the marriage the wife lived with her husband at Burhanpur for a very brief period.3. The petitioner Nos. 2 and 3 are parents of Nirmala. The father is aged 66 year...


Jan 02 2002

Amil HakimuddIn and ors. Vs. Abbas HusaIn and ors.

Court: Madhya Pradesh

Decided on: Jan-02-2002

Reported in: 2002(5)MPHT181; 2002(2)MPLJ50

ORDERS.P. Khare, J.1. This is a revision by the defendants against the order by which their application under Order 7 Rule 11, CPC has been rejected.2. The plaintiffs have filed this suit in the Civil Court for declaration of their title on the lands bearing Khasra Nos. 114-115 area 1.036 hectare and Khasra No. 117 area 1.408 hectare at Sehore. They have also claimed the relief of permanent injunction for restraining the defendants from interfering with their possession on these lands. According to them Shafiq Hussain was the Bhumiswami of these lands and the plaintiffs are his heirs. These lands are not the Wakf property. Defendant No. 3 M.P. Wakf Board has also been impleaded as one of the defendants.3. The defendants have not filed their written statements. They have submitted an application under Order 7 Rule 11, CPC for rejection of the plaint on the ground that the Civil Court has no jurisdiction to decide this dispute and it can be decided only by Wakf Tribunal constituted under...


Jan 02 2002

Smt. Gangabai and ors. Vs. Shobhanlal

Court: Madhya Pradesh

Decided on: Jan-02-2002

Reported in: 2002(5)MPHT199; 2002(2)MPLJ183

ORDERS.P. Khare, J.1. This is a revision by the defendants against the order by which plaintiff Shobhanlal's appeal under Order 43 Rule 1 (r), CPC has been allowed and they have been restrained from interfering with his possession on the lands in dispute and from alienating these lands to any other person.2. Gajanlal and Tejanlal were brothers and they were holding 14.99 acres of lands in Village Khutia, Tehsil and District Balaghat. Tejanlal had half share in these lands and that came to 7.49 acres. He died. Kamabai was his widow and defendant No. 1 Gangabai is his daughter. Plaintiff Shobhanlal is son of Gajanlal. Shobhanlal and Kamabai instituted Civil Suit No. 288-A of 1986 in the Court of III Civil Judge, Class II, Balaghat against Gangabai and three other persons. That was contested by the defendants. It was decided by the judgment dated 29-4-1989. A certified copy of that judgment is on record. It was held in that civil suit that Tejanlal had died in the year 1954-55, that is, b...


Jan 02 2002

Sakharam Vs. Vijay Kumar JaIn and ors.

Court: Madhya Pradesh

Decided on: Jan-02-2002

Reported in: 2002(5)MPHT465

ORDERS.P. Khare, J.1. This is a revision by the defendant against r dated 17-4-2000 of the III Civil Judge, Class-II, Satna in Civil Suit No. 188-A of 1999 (instituted in the year 1984), by which his application under Section 151, CPC stating therein that the suit has abated has been rejected.2. The suit for eviction was instituted in the year 1984 by plaintiffs Gulabchand and his son Anand Kumar. The eviction has been claimed under Section 12 (1) (c), (f), (i) and (k) of the M.P. Accommodation Control Act, 1961 as per allegations in the plaint. The suit accommodation is shop No. 3 of house No. 396, Ward No. 15, Satna. so far as the ground for eviction under Section 12 (1) (f) of the Act is concerned it was pleaded that plaintiff No. 2 Anand Kumar was running the business of printing press in Shop No. 2 and the space in that shop is not sufficient and therefore he bonafide requires the adjacent shop No. 3 in occupation of the defendant for his business. Anand Kumar died and his legal r...


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