Orissa Court November 1953 Judgments
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Narayan Bajoria and ors. Vs. Fagu Swain
Court: Orissa
Decided on: Nov-27-1953
Reported in: AIR1954Ori240
ORDERPanigrahi, J. 1. Heard counsel for the parties. This is a fit case which, in my opinion, ought to be allowed. There has been some dispute among the co-sharer-landlords of some lands which are the subject-matter of proceedings under section 145 Cr. P. C. Fagu Swain is alleged to be the tenant of some of the cosharers and claims to have raised the crop which was removed by the other cosharers. A criminal case under Section 379 I. P. C. started at the instance of Fagu Swain is now pending against the rival landlords and their servants. The trying magistrate was moved for adjourning the case till the disposal of the proceedings under Section 145, Cr. P. C. That prayer having been rejected the petitioners have now come up to this court and renewed their prayer for staying the proceedings in the theft case until the disposal of the Section 3.45 proceedings. The dispute is essentially one between rival landlords relating to possession of the land, from which the crop appears to have been...
Gangadhar Vs. Dindayal and anr.
Court: Orissa
Decided on: Nov-13-1953
Reported in: AIR1954Ori142; 20(1954)CLT181
Panigrahi, C.J.1. The litigation giving rise to this second appeal has had a chequered career. The plaintiffs sued for a declaration that the registration of defendant No. 1 as the thikadar of village Jhidki in Tahsil Nawapara is contrary to law and that plaintiff No. 1, Gangadhar Kumbhar (who is the appellant before us) is entitled to be the sole thikadar of the village which forms the subject-matter of the suit. The plaint allegations are that the father of the parties, the deceased Bhakti Kumbhar, was the last recorded thikadar of the village and that Gangadhar plaintiff 1 and Dinabandhu father of plaintiff No. 2 are the sons of the deceased Bhakti Kumbhar by his firstwife and that the defendants Dinadayal and Kalana are the illegitimate sons of Bhakti through a mistress kept by him.It is further alleged that the village Jhidki having been carved out of the impartible Khariar estate is inalienable and impartible and that succession is regulated by the rule of primogeniture. Gangadha...
Gumani Puntia Vs. Khetrabasi Puntia and ors.
Court: Orissa
Decided on: Nov-11-1953
Reported in: AIR1954Ori189
Narasimham, J. 1. This appeal is by defendant No. 1 against the appellate judgment of the District Judge of Balasore reversing the judgment of the Munsif of Bhadrak and decreeing the plaintiffs' suit for declaration of title and confirmation of possession in respect of about 2.294 acres of raiyati lands situate in villages Ajmatpur and Bargade in Bhadrak sub-division.2. The disputed properties appertain to khata No. 41 of Ajmatpur and khata No. 119 of Bargada and originally belonged to one Nalu Puntia after whose death in 1924 his widow Mauli Bewa became the limited owner. The total properties which devolved on Mauli Bewa after her husband's death consisted of 3-66 acres of which .01 cent. was homestead in which her residential house wag situated. On 21-5-27 Mauli Bewa executed a sale deed (Ext. 6) conveying 3.65 acres of her properties in favour of defendants 3 to 5 who are the sons of her maternal uncle for a sum of Rs. 250/-. By this sale deed, she practically transferred all her pr...
Purna Chand Sahu Vs. Chamra Bariha and ors.
Court: Orissa
Decided on: Nov-10-1953
Reported in: AIR1954Ori114; 20(1954)CLT425
Mohapatra, J.1. This application for leave to appeal to Supreme Court has been filed by defendant No. 1 against the confirming judgment and decree dated 7-11-1949 of Sri P.C. Dey, Subordinate Judge of Sambalpur. The suit is for recovery of possession of sir lands attached to the Thikadari tenure of which defendant No. 3 was the ex-Thikadar and defendant No. 2 Lal Sadananda Singh is the Zamindar. Plaintiff No. 1 is the son of ex-Thikadar Raghu Bariha (defendant No. 3) and plaintiff No. 2 is the uncle of plaintiff No. 1 belonging to the junior branch of the family which had a common ancestor.The Zamindar (defendant No. 2) filed O. S. No. 16/33 in the Munsif's Court against defendant No. 3 alone for realisation of arrears of rent or Rs. 375/- and odd and for ejectment of defendant No. 3. The suit was decreed on 5-6-33. Defendant No. 3 was directed to pay up the decretal dues within three months, failing which he was to be evicted. The present defendant No. 2 having taken delivery of posse...
Abdul Majid Vs. Ganesh Das Kalooram Ltd. and anr.
Court: Orissa
Decided on: Nov-10-1953
Reported in: AIR1954Ori124
Mohapatka, J.1. This is a plaintiff's Second Appeal against the judgment and decree dated 8-11-1950 of Sri A.R. Guru, Additional District Judge of Cuttack, dismissing the plaintiff's suit after reversing the judgment and decree dated 31-3-1949 of Sri B. K. Misra, Munsif of Kendrapara. The appeal arises out of a suit for recovery of Rs. 3141/710/- on the allegation that defendant No. 1 being the purchasing agent under the Government of Orissa and defendant No. 2, the agent of defendant No, 1, the plaintiff supplied 971 maunds of paddy in three instalments in the months of October and November, 1948, to defendant No. 2 acting as agent of defendant No. 1, the value of the paddy being Rs. 4005767-. Defendant No. 2 made a cash payment of Rs. 1005/6/- towards the aforesaid value of the paddy supplied by the plaintiff and for the remaining amount of Rs. 3000/- defendant No. 2 drew three cheques on 20-11-1948 to be drawn from the deposit account of defendant No, 1 in the Darjeeling Bank Ltd. (...
Balabhadra Sadangi Vs. Radha Krishna Patnaik and anr.
Court: Orissa
Decided on: Nov-07-1953
Reported in: AIR1956Ori142; 22(1956)CLT16
Narasimham, J. 1. This is an appeal from the judgment of the District Judge of Berhampur reversing the judgment of the Munsif of Aska and dismissing the execution petition of the appellant, decree-holder on the ground that it was time-barred. 2. The decree was obtained against one Michu Patnaik who is now dead. The first execution was E, p. No. 22 of 1945 filed against the said Michu Patnaik on 8-1-45 and closed on 24-1-45. The second execution was E. P. No. 40 of 1948 filed on 21-1-48 against the said Michu Patnaik and closed on 27-1-18. The third execution (E. P. No. 30 of 1951) Was filed on 11-1-51 against the legal representatives of the said Michu Patnaik and closed on 10-4-51. The present execution (E. P. No. 242 Of 1951) was filed on 5-5-51 against the legal representatives of the judgment-debtor. It is admitted that Michu Patnaik died on 12-1-48 prior to the filing of the second execution petition (E. P. No. 40 of 1948). 3. If the second execution petition (E. P. No. 40/48) be ...
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