Orissa Court December 1954 Judgments
Chinnari Lakshmana Murty Vs. Banko Das and ors.
Court: Orissa
Decided on: Dec-19-1954
Reported in: AIR1956Ori79; 21(1955)CLT139
Mohapatra, J.1. The plaintiff has brought this second appeal against the reversing judgment dated 10-10-1950 of Sri K.K. Bose, Subordinate Judge of Berham-pur arising out of a suit for enforcement of a mortgage transaction dated 20-6-1924. The transaction (Ex. 2) was executed by one Agadhu and his two sons Kondho & Hadu. Kondho is pre-sent defendant 2 and Agadhu and Hadu are dead. Defendant 3 is Kondho's son and defendant 4 la the son of Hadu.Defendant 1 is a purchaser in execution of a mortgage decree on the basis of a subsequent mortgage, his purchase being of the year 1947. The mortgage transaction was in favour of Chinnari Narasaya Prusty and Kureahu Prusty.The plaintiff's allegation is to the effect that he is the adopted son of Kureshu Prusti and on the basis of a family arrangement between them, the mortgage transaction was allotted to the share of the present plaintiS. There is no dispute that the plaintiff is the adopted son of one of the mortgagees and on the basis of an arra...
Tag this Judgment!Niranjan Samal Vs. Tirilochan Kuar
Court: Orissa
Decided on: Dec-17-1954
Reported in: AIR1956Ori81
Mohapatra, J.1. Plaititiff's suit, for setting aside a compromise decree obtained in O.S. No. 292/44 of the Court of Munsif of Jaipur having been decreed by both the Courts below, the defendant has brought this second appeal. Sadhu Charan Bal, Nrusingh Charan Bal and others were the co-sharer-Sarbarakars in respect of three mouzas.As they fell into arrears of rent, the landlord obtained a decree for rent and in execution of the said decree for rent, the Sarbarakari tenure was put to sale -- the plaintiff being the purchaser on 29-9-1942. According to the plaintiff's case, after his purchase, Sadhu Charan Bal, simply with the intention of harassing the plaintiff, brought several civil suits and criminal cases in the names of different persons as against the plaintiff.O.S. No. 103 of 1945 was instituted by Sadhu's wife Manorama claiming eight annas interest in the Sarabarabari purchased by the plaintiff on the allegation that the plaintiff was merely a benamdar-purchaser for her to that ...
Tag this Judgment!Babulal Agarwala Vs. Vijaya Stores, Firm
Court: Orissa
Decided on: Dec-02-1954
Reported in: AIR1955Ori49; 21(1955)CLT1
Panigrahi, C.J.1. This appeal raises a question of some public importance. By an agreement, Ext. 1, dated 17-9-1843, the plaintiff-appellant entered into a contract with the defendant-firm of Messrs. Vijaya Stores, to supply paddy to the latter who was admittedly the purchasing Agent on behalf of the Government of Orissa. In pursuance of this agreement the plaintiff supplied 3346 maunds (1673 bags) of rice and 26 maunds (13 bags) of paddy between 30-9-1943 and 8-10-1943, though the contract was for the supply of at least 40,000 maunds of rice by 8-10-1943. The plaintiff also deposited a sum of Rs. 5000/- as security for the performance of the contract. The plaintiff revoked the contract by a letter Exhibit 3(a) dated 4-10-1943, on the ground that the agreement became impossible of performance owing to the failure of the defendant to obtain a license for the plaintiff.There was an exchange of some registered correspondence between the parties, and eventually the suit giving rise to this...
Tag this Judgment!Madan Gopal Rungta Vs. State of Orissa
Court: Orissa
Decided on: Dec-01-1954
Reported in: AIR1955Ori71; 21(1955)CLT292
Panigrahi, C.J.1. This is an application for leave to appeal to the Supreme Court, under Article 133 of the Constitution read with Section 109(a), Civil P. C. The applicant is the defendant in a suit filed by the State for possession of certain manganese mines in Keonjhar District and for recovery of mesne profits, the suit being valued at 41 lakhs of rupees. The applicant is in possession of the mines by virtue of a lease said to have been granted in his favour by the ex-Ruler of Keonjhar State and the lease will expire in another two years. It is alleged by the State that the lease was annulled by a Notification under the Extra Provincial Jurisdiction Act and that the applicant has not been granted any lease by them after the annulment. It is further alleged that the applicant has been causing damage and waste to the mines which could be prevented only by the appointment of Receiver.The learned Subordinate Judge, Keonjhar, before whom the suit is pending directed the appointment of a...
Tag this Judgment!Simhadri Sahu Vs. Balaji Padhi and ors.
Court: Orissa
Decided on: Dec-01-1954
Reported in: AIR1955Ori81; 21(1955)CLT170
Mohapatra, J.1. This is a judgment-debtor's miscellaneous appeal against an order dated 27-9-1951 of Sri R. C. Misra, Agency Subordinate Judge of Jeypore, passed under Section 47, Civil P. C., in Exn. Case No. 14 of 1951. The aggregate amount of the decree in execution is Rs. 3254-2-11 and the suit costs amount to Rs. 419-4-0. Previous to this execution case the decree-holder had brought Execution Case No. 1Z4/45 wherein some riaddy of the judgment-debtor was attached and the bailiff reported that -it was 14 garces 5 putties and 18 manas which was attached and kept in custody of decree-holder 1. The decree-holder filed an affidavit stating that it was only 1 garce 5 putties and 18 manas which was attached and not 14 garces and odd as the bailiff reported. Thereafter the Agency Subordinate Judge directed the Munsiff of Gunpur to make an inquiry and to report as to the actual measure of paddy attached. The Munsiff, however, reported supporting the contention of the decree-holder.The judg...
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