Orissa Court August 1953 Judgments
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Kama Sahu and anr. Vs. Krishna Sahu
Court: Orissa
Decided on: Aug-25-1953
Reported in: AIR1954Ori105; 21(1955)CLT409
Mohanty, J.1. Defendants are the appellants. It appears that D-1, (the husband of D-2) Satyabadi Sahu, Krishna Sahu and Laxman Sahu are four brothers. The family had some lands at, different places including lands in village Chandipadaro. Appellant 2 (D-2) had purchased, some homestead lands with a house thereon at Chatrapur. Satyabadi and his other brothers wanted, to take an interest in that homestead land of D-2, treating it to be a portion of the joint family property, but failed.It also appears that it was so arranged between the present plaintiff, Krishna Sahu and Satyabadi on the one hand, and the defendants-appellants on the other, that Krishna and Satyabadi would separately take the homestead land and the house of D-2 at Chatrapur in exchange for their lands that would fall to their share in the village Chandipadaro. Accordingly on 27-7-43, D-2 executed sale-deeds one in favour of the present plaintiff and another in favour of Satyabadi with respect to her homestead land and t...
Rusi Biswal Vs. Nakhyatramalini Devi and ors.
Court: Orissa
Decided on: Aug-24-1953
Reported in: AIR1954Ori65; 19(1953)CLT397
ORDERPanigrahi, C.J.1. This is a revision directed against an order of Sri M.A. Khan, Magistrate First Class, Jajpur, dated 31-12-52, whereby he examined an accused person under Section 342, Cr. P. C., after the examination of the defence witnesses had been completed.The petitioner is the complainant in a case under Sections 447 and 426 I. P. C. There were five accused persons, of whom the first accused Nakhya-tramalini Dei (.Opposite party 1) is a purdanashia lady. She was being represented at the trial by 'Mukhetear, M. M. Jena, and her personal attendance was dispensed with under Section 205, Cr. P. C. On 17-10-52, the Mukhtear was examined on her behalf. But unfortunately, it appears that he did not sign the statement he made under Section 342.The case was posted to 30-12-52, for the examination of defence witnesses and some of them were examined on that date. The case came up for arguments on the next day, namely, 31-12-52. On that day, it was brought to the notice of the Court th...
Parikhit Thapa Vs. Nidhi Thapa and ors.
Court: Orissa
Decided on: Aug-18-1953
Reported in: AIR1954Ori31
Mohapatra, J. 1. This is a plaintiff's Second Appeal against the reversing Judgment of Shri B. Misra, Additional Subordinate Judge, Sambalpur dated 6-1-50 which arises out of a suit brought by the plaintiff for a declaration of his title and for confirmation of his possession or in the alternative for recovery of possession on the basis of a sale by the defendants 1, 2 and 3 on 11-3-1942 for a sum of Rs. 22/-. The plaintiff further alleges that defendants 1, 2 and 3 executed an unregistered deed of sale in favour of the plaintiff on that date but particularly relied upon the factum of delivery of possession of the disputed land by defendant 1, 2 and 3 in his favour to complete the transaction of sale. Thedefence was an attack on the genuineness of the transaction, i. e, the unregistered deed of sale. They further took up the plea that there was no delivery of possession as alleged by the plaintiff.Both ,the Courts below have concurrently found in fact that the unregistered deed of sale...
Shyamsundar Nath Suthoo Vs. Raghunath Jiew Thakur and ors.
Court: Orissa
Decided on: Aug-13-1953
Reported in: AIR1954Ori78; 19(1953)CLT475
Mohapatra, J. 1. It is the unsuccessful plaintiff in both the Courts below who has filed this appeal against the judgment and decree dated 11-8-48, of Sri T.V. Rao, First Addl. Subordinate Judge of Cuttack, confirming the decision of the trial Court after remand. The plaintiff has brought the suit for declaration of his right, title and interest in respect of three mouzas Ahmedpur, Gokulpur and Rangidaspur, as proprietor and for confirmation of his possession. The plaintiff's case is that Raja Raghunath Raj, who owned nine annas sis pies interest in all such villages, executed a mortgage transaction (Ext. 5a) on 14-8-1880 in respect of his interest in the said mouzas for a sum of Rs. 1400/-in favour of the plaintiff's ancestor who obtained a final decree on the basis of the said mortgage on 1-3-1887 and in. execution of the said mortgage decree the properties were purchased on 17-6-1895 by the mortgagee-decree-holder, that is the plaintiff's ancestor; he had also taken delivery of poss...
Gopi Tihadi Vs. Gokhei Panda and anr.
Court: Orissa
Decided on: Aug-04-1953
Reported in: AIR1954Ori17
Panigrahi C.J. 1. This appeal arises out of a simple suit for recovery of a sum of money but raises an interesting question of law.2. The plaintiff was on the look out for a bride for his brother, Manu Tihadi, and defendant 2 who is distantly related to him, brought forward a proposal for getting the daughter of defendant 1 married to the plaintiff's brother. On 6-3-44 both the defendants approached the plaintiff who accepted the proposal and it was settled that the plaintiff should pay Rs. 650/-to defendant 1 for the marriage expenses in consideration of defendant 1's giving his daughter in marriage to plaintiff's brother. The Maha-prasad Nirbandha or betrothal took place at the village temple on 11-5-44 and the plaintiff paid the stipulated sum of Rs. 650/- to defendant 1,It was agreed that on the next day defendant 1 would send his daughter to the plaintiff's house for the marriage ceremony. The plaintiff also sent a 'palki' the next day for bringing the bride. Defendant 1, however,...
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