Orissa Court March 1951 Judgments
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Gour Charan Das Vs. Atal Behari Ray and anr.
Court: Orissa
Decided on: Mar-16-1951
Reported in: AIR1951Ori359; 17(1951)CLT298
Jagannadhadas, J.1. The deft. 2 is the applt. before us, the resps. being the pltf. & deft. l. During the pendency of these proceedings in the lower appellate Ct. the matter appears to have. been compromised between the pltf. & deft. 1 &. that is apparently the reason why the present second appeal is only by deft. 2. The appeal arises, under the following circumstances.2. Defts. 1 & 2 were the proprietors of a residuary Touzi no. 2463/R of the Cuttack Colleetorate. This residuary Touzi was put up for sale for arrears of revenue & purchased by the pltf. on. 11-9-44. The suit is by the said purchaser for recovery of Khas possession from the defts of certain lands of the extent of 1.90 acres within the; Touzi which have been recorded in the current settlement khatain Ext. 3 as being in the Khas: possession of the father of defts. 1 & 2 Under Section 26 (2) Orissa Tenancy Act. The pltf'a. case is that as a result of his purchase in Ct. auction, he has obtained also the right to the Khas po...
Durga Dei Vs. Sadananda Prusty and ors.
Court: Orissa
Decided on: Mar-14-1951
Reported in: AIR1952Ori182
Jagannadhadas, J.1. The 1st defendant is the appellant in this second appeal. The appeal arises out of a suit filed under Order 21, Rule 63, of the Civil P. C., which has been filed by the plaintiff-decree-holder against whom an adverse order was passed, on a claim filed by the 1st defendant. The suit was dismissed in the trial Court, but on appeal it was decreed against the 1st defendant and hence this appeal. 2. The suit property comprises two lots, specified in the plaint covering an extent of .010 acres which admittedly belonged to one Kinu Sahu. Defendant 1 is his daughter. D. 2 according to the plaintiff is the adopted son of Kinu Sahu and D. 3 is the son of D. 2. Kinu Sahu appears to have died sometime long prior to 1919. D. 2 borrowed a sum of Rs. 90/- from the plaintiff on a mortgage of certain property, other than the suit property, admittedly belonging to Kinu Sahu. The mortgage is Ex. 1 dated 5-5-1919. The palintiff filed subsequently a suit on that mortgage, obtained a dec...
Natabar Parichha and ors. Vs. Nimai Charan Misra and ors.
Court: Orissa
Decided on: Mar-09-1951
Reported in: AIR1952Ori75
Narasimham, J. 1. These two connected appeals are by some of the defendants, against the decision of the Subordinate Judge of Sambalpur decreeing the plaintiffs' suit for declaration of title, recovery of possession and damages in respect of certain property situate in Sambalpur District which originally belonged to one Lokanath Parichha. The said Lokanath Parichha died sometime in 1895 leaving three daughters through his first wife and a son named Satyanand through his second wife. The name of the second wife of Lokanath was Haripriya alias Srihari. But the parties differ as regards the name of his first wile, the plaintiffs asserting that she was Satyabhama alias Bhama, whereas the principal defendants urged that she was known as Malli. Satynnand succeeded to his father's property but died unmarried sometime in 1902 and then his mother Haripriya succeeded him with the limited interest known as a Hindu Woman's estate. She lived till 1942 and during this long period of nearly 40 years ...
Khetri Bewa Vs. State
Court: Orissa
Decided on: Mar-08-1951
Reported in: AIR1952Ori37; 17(1951)CLT220
1. This appeal was heard by my learned brothers Das & Panigrahi JJ. They differed in their opinions. Hence it was placed before me for placing it before a third Judge under the provisions of Section 429, Cr. P. C. This case has been proceeding since August, 1949 & all the while the accused has been in prison as she was charged under Section 302 & certain other sections of the Penal Code & convicted under Section 304, I. P. C. & sentenced to 4 years R. I. by Mr. D.N. Das, Ses J., Mayurbhanj Balasore & has never before been enlarged on bail. Notwithstanding that one of the learned Judges of this Court in a well reasoned judgment has adjudged her innocent of the offence, she has not yet been taken out on bail, probably there being none to look after her in this world. Under the circumstances, I felt the necessity of taking up the case, the only other Judge available & the third Judge being absent from the station on duty. Besides, I consider it fair to the learned Judges who heard this ca...
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