Orissa Court January 1950 Judgments
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Padma Charan Behera and ors. Vs. Rangadhar Das
Court: Orissa
Decided on: Jan-20-1950
Reported in: AIR1951Ori40
ORDERRay, C.J.1. The petitioners have been found having seized a few heads of cattle which belonged to the opposite party and impounded them. The seizure but not the detention hasbeen adjudged illegal by the Honorary Magistrate. The Magistrate has awarded a compensation of Rs. 75 distributing the same as between the petitioners equally. Thus each petitioner has been awarded a liability to pay a sura of Rs. 15 to the complainant-opposite party. Several contentions have been raised by Mr. Dasgupta the learned counsel for the petitioners. They are : (i) That the Magistrate had no jurisdiction to hear and dispose of the complaint; (ii) That neither in the petition of complaint nor in the evidence, the complainant made any mention of the loss or, at any rate, the items or heads of such loss, and in the absence of such allegations and proof, no compensation beyond the fines paid to the pound-keeper, being a sum of Rs. 7/8 should have been awarded to the Complainant and lastly, (iii) that the...
Sri Ramachandra Mardaray Deo Vs. Bhalu Patnaik and ors.
Court: Orissa
Decided on: Jan-18-1950
Reported in: AIR1950Ori125
Narasimham, J.1. These six revision petitions are against the order of the District Munsif of Aaka rejecting six execution petitions Nos.269, 271, 272, 273, 276 and 277 of 1944 on the ground that they were barred by limitation. The revision petitions were first heard by my Lord the Chief Justice sitting singly and he was pleased to refer to a larger Bench in view of the doubt entertained by him regarding the correctness of two Division Bench decisions of the Patna High Court reported in Banwari Narain v. Ramhari Narain, A. I. R (29) 1942 pat. 335: (197 I. C. 217) and Mohammad Sadique Mian v. Mdkabir Sao, A. I. E. (29) 1942 Pat. 410 : (21 Pat. 866).2. The material facts which are not in dispute are as follows: Execution petn. no. 269 of 44 arose out of a Small Oause Court suit which was disposed of on 1st August 1944 and the remaining five execution petitions arose out of Small Cause Court suits which were disposed of on 8th August 1941. In all those suits, the decrees were actually dra...
Mitru Thapa and ors. Vs. Mst. Gurubari Goudani and ors.
Court: Orissa
Decided on: Jan-17-1950
Reported in: AIR1950Ori150; 16(1950)CLT64
Ray, C.J.1. This is an appeal by defendants 1, 2 and 3 in a suit for recovery of possession on declaration that the said defendants are mere trespassers. The disputed lands amounting: to 3.33 acres of arable lands described in Schedule of the plaint belonged originally to one Bala Bagatia whose widow is defendant 4. Be died, sometime in 1931 leaving behind his widow (defendant 4), his three daughters (plaintiffs 1, 2. and 3) and his predeceased daughter's sons (defendants 1, 2 and 3). The disputed lands had been mortgaged with possession on 26th February 1924 by way of security for a loan of Rs. 190 to one Akula Sahu. In pursuance of the condition of mortgage, Akula was to enjoy the usufruct in lieu of the interest as they accrued. Akul con. tinued to remain in possession as mortgagee till 9nd January 1943 when it wag redeemed. Akul returned the mortgage bond with an endorsement of satisfaction of that debt. It has been the plaintiffs' case, which has been found to be true by the learn...
Baji Mahapatra and ors. Vs. Indian Dominion
Court: Orissa
Decided on: Jan-13-1950
Reported in: AIR1951Ori146; 16(1950)CLT35
ORDERPanigrahi, J.1. The petitioners four in number are the marfatdars of Sri Kasi Baijunath Mahadev Temple at Majhika in Angul and have been convicted under section 6 of the Orissa Temple Entry Act of 1946 and sentenced each to a fine of Rs. 50/-. The case against them is that on 8-9-48 they obstructed certain worshippers belonging to the 'Excluded Classes' from entering into the temple. Previous to the date of the occurrence there had been some meetings to consider whether 'Excluded Classes' would be permitted to enter into the temple. But it does not appear from the evidence if any definite decision was arrived at. On the day of occurrence certain members of the 'Excluded Classes' tried to get admission into the temple and being frustrated in their attempt complained to the Sub-Divisional Magistrate who deputed P. W. 1 to see that no breach of the peace occurred and that the members of the 'Excluded Classes' gained entrance into the temple. P. W. 1 on arrival at the spot asked Budhi...
Mani Sahoo and After Him Hadibandhu Sahoo Vs. Lokanath Misra and ors.
Court: Orissa
Decided on: Jan-05-1950
Reported in: AIR1950Ori140; 16(1950)CLT45
Narasimham, J.1. This is a plaintiff's appeal against the judgment of the Additional Subordinate Judge, Puri dismissing his suit for a declaration of his right in respect of twelve annas interest in a house standing on plot no. 1068 in the town of Puri and for other consequential reliefs.2. The said plot is within the town Khasmabal of Puri Collectorate and was settled by the Khasmahal with one Gadadhar Sahu who constructed & building thereon. One of the points agitated in the lower Court was that the house was the exclusive property of Gadadhar Sahu, But this was decided against the defendants (vide para. 7 of the lower Court's judgment) and this decision was not challenged in appeal. It may therefore be taken as well-established that the lease-hold property and the house standing on the said plot were the joint property of Gadadhar Sahu and his three brothers who admittedly were members of a Hindu joint family at all relevant times.3. The plaintiff is a businessman and moneylender of...
Sm. Amruti Dei Vs. Sm. Saradamoni Dei and anr.
Court: Orissa
Decided on: Jan-04-1950
Reported in: AIR1950Ori143
Panigrahi, J.1. This is an appeal by defendant 3 in a suit by a reversioner for a declaration that the alienation made by the mother of the plaintiff is invalid and for possession of the lands described in sch. 'Ga' attached to the plaint.2. The plaintiff Saradamoni Dei is the daughter of one Bhola Nath Singh who died leaving a widow by name Ushamoni and two daughters, viz., the plaintiff and another who is now dead. The widow Ushamoni died in the year 1944 leaving the plaintiff as the Bole surviving heir of Bhola Nath. Defendant 3, who is the appellant before us, purchased the properties described in Soh. 'Ga' from Ushamoni by a sale deed dated 18-8 37 (EX. A) for BS. 170. The alleged purpose of this sale was the payment of a debt contracted by Ushamoni from one Anangabhim for the marriage of her second daughter, and to pay off arrears of rent on those lands.3. Admittedly the properties stood in the name of Ushamoni and her name had been recorded in the Current Settlement Khatian(hhat...
Biswakesan Ramanuj Das Vs. Krushna Chandra-auction Purchaser and anr.
Court: Orissa
Decided on: Jan-03-1950
Reported in: AIR1951Ori148
Narasimham, J.1. This revision petition is against the appellate order of the Additional District Magistrate of Cuttack exercising the powers of a Collector under the Orissa Tenancy Act dismissing an appeal filed by the petitioner against the order of the Rent-Suit Deputy Collector, Jaipur, rejecting his petition for restitution.2. The material facts are as follows: The petitioner was a tenure-holder (Madhyasatwadhikari) in respect of 12 acres 50 decimals of rent-free 'Lakhraj Bahel' iands in mouza, Barunia, khata No. 12 appertaining to touzi No. 18. Only cess was payable in respect of the property amounting to Rs. 6-3-0 per annum to the zamindar Pandit Shyamsundar Nath Satho (opposite party 2). The zamindar obtained an ex-parte decree for arrear cess against, the petitioner on 22-2-43 and in execution of the same put the property to sale. On 4-6-43 the entire property was purchased by opposite party 1 for a paltry sum of Rs .45/- and the sale was confirmed on 12-7-43 and delivery of p...
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