Orissa Court August 1951 Judgments
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MahimuddIn Vs. Panu Sahani and ors.
Court: Orissa
Decided on: Aug-28-1951
Reported in: AIR1952Ori64
Jagannadhadas, J. 1. These seven misc. appeals are against the orders in Misc cases Nos. 30, 65, 33, 34, 32, 64 and 31 respectively. Since all these misc. cases and appeals arise in the coarse of the execution of the same decree and involve a common question of law, they have been heard analogously both in the lower Court and here. They arise in the following circumstances, One Sk. Bhikari obtained a preliminary mortgage decree on 6 7-1936, which was made final on 25-11-39 against certain Sahanis on foot of a simple mortgage dated 22- 7-22. The mortgage is said to have comprised 21 lots covering an aggregate extent of 16.20 acres and the amount due under the mortgage decree by the date of the present execution filed in 1946 was near about Rs. 10,030. The decree-holder assigned the decree to the common appellant in all these appeals by a registered-deed, and it is the assigneethat is now executing the decree. In the course ofthis execution, these seven applicants intervened by petitions...
Janardan Saraj Vs. Nilkantha Saraf and ors.
Court: Orissa
Decided on: Aug-27-1951
Reported in: AIR1952Ori31
Panigrahi, J.1. This is an appeal by the unsuccessful plaintiff in a suit for partition and possession of eight annas share in the properties described in Ka, Kha, and Ga schedules of his plaint. The plaintiff is the son of one Ganda who had a brother named Khageswar. Defendants 1 to 3 are the sons of Khageswar. The plaintiff originally included, in schedule Kha of his plaint, some properties belonging to another branch, namely, those of his grandfather's brother, but he gave up his claim to these properties even in the Trial Court. The suit was therefore confined to the properties included in schedules Ka and Ga of the plaint. The plaintiff alleged that he was a year or a year and a half old when his father, Ganda, died and that he was living, ever since his birth, at Gopalpur, and that the properties jointly belonged to his father and his uncle Khagesar and were never partitioned. He accordingly claimed an eight annas share in the family properties. The plaintiff also relied upon Ex....
Gopinath Deb Vs. Govind Chandra and ors.
Court: Orissa
Decided on: Aug-21-1951
Reported in: AIR1953Ori95; 18(1952)CLT26
Panigrahi, J. 1. This appeal arises out of a suit for confirmation of possession of the plaintiff who purchased an occupancy holding in execution of a mortgage decree and took delivery of possession on 25-8-36. The defendant in the suit, who is the appellant before us, purchased the same holding on 15-11-43 in execution of a rent decree obtained against the recorded tenant. The plaintiff and defendant arc admittedly co-sharer proprietors of a mokadami tenure.2. It has been conceded by the appellant both in the Courts below and here, that the suit filed by him was not framed under Section 199, Orissa Tenancy Act, and that, therefore, the decree obtained in the rent suit had the effect of a money decree only. It is obvious that the plaintiff auction purchaser was not impleaded in the rent suit. The question, therefore, that arises for decision before us is whether the plaintiff, who purchased a non-transferable holding in execution of a mortgage decree must yield place to the defendant w...
Sm. Noili Dibya Vs. Madhusudan Tihadi and anr.
Court: Orissa
Decided on: Aug-20-1951
Reported in: AIR1952Ori159; 17(1951)CLT374
Panigrahi, J. 1. This appeal is directed against the order of the District Judge, Cuttack-Sambalpur, granting probate to the plaintiff (respondent No. 1) of a will executed by his father, the deceased Agari Tihadi. The appellant is the daughter-in-law of Sadru Charan Tihadi, the younger son of the testator, Madhusudan Tihadi being the elder son. Sadhu Charan predeceased his father leaving his widow Janjali Dibya and a son, Shyama, who was a minor at the time of his death. Shyama also died a minor, leaving Koili the appellant, his widow, surviving him. The testator, Agani Tihadi, executed the will in question on 18-12-1940 and died on 27-3-1942. The application for probate was filed in the Court of the District Judge, Cuttack, on 13-9-1944, by Madhusudan Tihadi. The ground taken, on behalf of the caveators, is that the will was brought about by undue influence and fraud practised by Madhusudan (respondent No. 1) and that it was not properly executed and attested. Under the terms of the ...
S.K. Ghosh and ors. Vs. Vice-chancellor, Utkal University and ors.
Court: Orissa
Decided on: Aug-17-1951
Reported in: AIR1952Ori1; 17(1951)CLT320
Narasimham, J.1. The petitioners are all students of the 2nd year M.B.B.S., Class of Shri Ramachandra Bhanj, Medical College, Cuttack. They appeared for the 1st M.B.B.S., examination of the Utkal University in Anatomy and Physiology in April 1951. The examination in Anatomy consisted of three parts, namely, (1) written (2) oral and (3) viva voce. The written examination consisted of two papers and it was held on the 9th and 10th April 1951. The practical examination was held on the 19th April, 1951 and the viva was held on the 28th April. The examinations were conducted by a Board of examiners which submitted the results to the Sydicate on the 21st April 1951. The Syndicate, instead of approving and publishing the results, passed the following resolution on that date.'Resolution No. 336: Considered the information received from the Vice-chancellor in connection with the First M.B.B.S., examination in Anatomy held on the 9th April, 1951 and on subsequent days and in this connection exam...
Khalli Rath Vs. Eppili Ramachandra
Court: Orissa
Decided on: Aug-17-1951
Reported in: AIR1953Ori74; 18(1952)CLT52
Panigrahi, J.1. This appeal arises out of execution proceedings started by me decree-holder (respondent) for delivery of possession of a house. The appellant was the defendant on a suit brought by the respondent for eviction from a house belonging to the latter and for recovery of arrears of rent. On 21-3-46 the parties filed a deed of compromises whereby it was agreed between them that the appellant would pay rent at the rate of Rs. 5/- per month for one year, namely till 31-3-47, as tenant, and at the end of the year he would vacate the house without notice. On that very same day, viz., 21-3-46 a decree was passed in terms of the above compromise. The appellant, however, did not vacate the house, as stipulated and the respondent started execution on 17-5-47.In the meanwhile the Orissa House Rent Control Act had been extended to the town of Russelkonda, where the suit house is situated, it is urged on behalf of the appellant that he is not liable to eviction, firstly, on a plain readi...
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