Orissa Court November 1949 Judgments
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Debendranath Mittra Vs. Gourisankar Sankhanaria and ors.
Court: Orissa
Decided on: Nov-21-1949
Reported in: AIR1950Ori198
Ray, C.J.1. This is a plaintiffs appeal in a suit for partition of plot No. 763, Khata No. 360 bearing an area 190 in the town of Cuttack. The plaintiff claims eight annas interest by virtue of his purchase. The Khasmahal is the landlord and the interest of the tenant is shown as Patadari with an annual rent payable. The terms and conditions of the tenancy are incorporated in periodical leases and kabuliyats which are renewed from time to time. In the Khatian papers, Chowdhuri Ramahari Das and Chowdhury Jayahari Das and several other Chowdhuries (a)) members of Bhingarpur Chowdhury family) stand recorded. It is not controverted that in partition Suit No. 69 of 1924 of the Court of the Subordinate Judge of Cuttack, the lands, in dispute, were allotted to the shares of Ohowdhury Bamahari and Chowdhury Jayahari, each having eight annas share therein, Jaihari's interest was sold in execution of a money decree in the Court of the Second Munsif of Outtack in Execution Case No. 991/36 and it ...
Nishamoni Debi and anr. Vs. Joy Krishna Panda and ors.
Court: Orissa
Decided on: Nov-18-1949
Reported in: AIR1950Ori234; 15(1949)CLT105
Panigrahi, J. 1. This revision is directed against the order of the Munsif, Second Court Cuttack, refusing to permit the petitioner to sue in forma pauperis. 2. The petitioners filed a suit for possession of their hereditary marfatdari in respect of a certain deity. The plaintiffs paid court-fees in the first instance when the suit was valued at Rs. 411. On objection being taken by the defendants the learned Munsif ordered the valuation of the suit, for the purpose of Court-fee, to be raised to Rs. 2786. At this stage the plaintiffs filed a petition praying for permission to sue in forma pauperis. On the side of the plaintiffs, plaintiff l was examined as P. W. l and her evidence was to the effect that she is not possessed of any properties, movable or immovable, out of which she could pay the court-fee. She however admitted that up to the stage of filing her petition her husband was financing the suit. Defendant 1 was examined as O. P. W. 1 and he deposed that the petitioner had some ...
Rangulal Ram Vs. Makhan Lal and ors.
Court: Orissa
Decided on: Nov-16-1949
Reported in: AIR1951Ori183a
Panigrahi, J.1. This is a second appeal by the unsuccessful plaintiff whose suit for recovery of possession of a house has been dismissed.2. The plaintiff is the son of one Jainarain who had a brother Rup Ram and mother named Achchunari Bewa. The plaintiff, his uncle Rup Ram and his grand mother Achchunari were living joint. They own some homestead lands in Khurda and paddy lauds in the adjoining villages. The plaintiff's case is that in or about the year 1924 there was an oral partition of the joint family properties between him and his uncle and that plot No. 533 consisting of 5.379 acres of land and the suit house and plot No. 534 which is the adjoining bari, were allotted to his share. The plaintiff further alleges that he was in possession of these plots, allotted to him, but that the properties stood jointly recorded in the settlement khatian in the names of the plaintiff, Rup Ram and Achchusnari. On 13-8-1.928 Rup Ram and Achehunari executed a 'nadabi deed (Ex. 2) in favour of t...
Gangadhar Nanda Vs. Sm. Annapurna Dei
Court: Orissa
Decided on: Nov-15-1949
Reported in: AIR1952Ori160
Ray, C.J.1. This is an application directed against an order of the District Judge of Cuttack, elated the 13th of October, 1949, rejecting the petitioner's prayer to withhold the granting of Succession Certificate to the Opposite Party No. 2.2. The history of the litigation is that one Kartick Chandra Nanda died leaving an estate behind, which comprised both moveable and immoveable properties and considerable amount of debts due to him and also bank deposits. Shortly after his death, the opposite party SM. Annapurna Debi put in a petition for issue of a Succession Certificate for collection of the debts due to the estate of the deceased. She claimed to be the only daughter and therefore the only heir of Kartick. She filed that application on the 4th of October, 1947. She did not cite the petitioner Gangadhar Nanda as one of the near relatives but had cited several other people. Before service of noticed on the persons cited was complete, this Gangadhar intervened in the proceeding star...
Prahalad Panda Vs. Province of Orissa
Court: Orissa
Decided on: Nov-14-1949
Reported in: AIR1950Ori107; 15(1949)CLT78
Das, J.1. This is an application under Section 491, Criminal P. C., by a friend of one Baishnab Charan Patnaik who has been arrested on 22nd August 1943 and kept in Cuttack Jail, complaining that the said arrest and the jail custody are illegal. For purposes of convenience, the said Baishnab Charan Patnaik may be treated as the petitioner and will be referred to as such in the following.2. The petitioner was originally detained under Section 2, Orissa Maintenance of Public Order Act, 1948, by an order of the Provincial Government dated 28th October 1948. The said order was due to expire on 38th April 1949. Before its expiry, however, the Provincial Government passed another order of detention against him on 20th April 1949 for a further period of six months, on substantially the same grounds as those on which the first order of detention was made. The validity of this second order of detention was challenged by an application made to this Court in Cr. Misc. Application No. 119/49. This...
Sm. Padmavati Jemma Vs. Ramchandra Ananga Bhim Deo and ors.
Court: Orissa
Decided on: Nov-09-1949
Reported in: AIR1951Ori248
Narasimham, J.1. The pltf. claims to be the illegitimate daughter of Sri Krupamaya Anauga Bhima Deo, the late Zamindar of Bodokhemidi estate which is an impartible estate under the Madras Impartible Estates Act, 1904. The principal deft. (deft. 1) is the present Zimindar of Bodokhemidi estate & is the legitimate son of Sri Krupamaya Ananga Bhima Deo. The other defts. are said to be tenants established on the suit lands by deft. 1. The pltf's case was that her father gave her certain landed property described in Schedule 'a' of the plaint situated in village Kattubati & known as 'Kheta Dholia' lands for her maintenance & that deft, l wrongfully resumed these lands & settled them with the other defts. She, therefore, prayed for being put in possession of the suit lands or eke for a decree directing deft, l to pay her either the value of the lands or else the annual Rajabhagam (rent) due from these lands. There was also an alternative prayer for a decree for maintenance at the rate of Rs....
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