Orissa Court April 1954 Judgments
State of Orissa Vs. A. Krishna Rao
Court: Orissa
Decided on: Apr-29-1954
Reported in: AIR1955Ori46; 1955CriLJ593
Panigrahi, C.J. 1. This is a reference made by the District Judge, Cuttack, under Section 14, Legal Practitioners Act, in a proceeding against the opposite party Sri A. Krishna Rao who is a Pleader. In Misc. Case No. 25 of 1953, the Pleader appeared on behalf of his client, Sri M. Subba Rao and filed a memo of appearance representing that he had already filed a Vakalat for his client in the lower court. That Miscellaneous Case was an application filed by the plaintiff in Money Suit No. 188 of 1953, for transfer of that suit which was then pending inthe Court of the First Munsif, Cuttack. Shri M. Subba Rao was the defendant in that suit. The transfer application came up for hearing before the District Judge on 8-7-1953 and after arguments had been heard the case was posted to the next day for orders. The Court had also noticed that the Pleader had not filed any Vakalatnama for the defendant in the lower court and that the statement made by the Pleader that he had already filed it was in...
Tag this Judgment!Udaya Naik Vs. Lokanath Naik and ors.
Court: Orissa
Decided on: Apr-27-1954
Reported in: AIR1954Ori195; 20(1954)CLT407
Narasimham, J.1. This is a defendant's appeal against the concurrent decisions of the two lower Courts decreeing the plaintiffs' suit for declaration of title and recovery of possession of some raiyati lands described in Schedule A-1 of the plaint and a portion of a residential building (Schedule B-1) situated in village Bandhapali, P. S. Dhama, in the district of Sambalpur.2. Plaintiff No. 1 had a brother named Balamakund to whom the disputed property originally belonged. The appellant-defendant No. 1 is their sister's son. Balamakund was issueless and had brought up defendant no. 1 in his house though he did not formally adopt him as his son. On 11th of April 1938 Balamakund executed an unregistered deed of gift (Ext. E) giving away all his properties to defendant No. 1. The consent of the Gaontia to the transfer was obtained on the document itself and similarly the consent of the plaintiff who was the next heir of Balamakund was also obtained on the same document.Balamakund died a f...
Tag this Judgment!Sm. Mahani Dasi and ors. Vs. Pareshnath Thakur and ors.
Court: Orissa
Decided on: Apr-22-1954
Reported in: AIR1954Ori198; 20(1954)CLT545
Panigrahi, C.J. 1. This second appeal by the plaintiffs is directed against the judgment of the District Judge, Cuttack, affirming a decision of the Second Munsif. Cuttack, in a suit filed under Order 21, Rule 63, Civil P. C. The plaintiffs' case was that plaintiff No. 1 Mahani Dasi and Chandamani Dasi, mother of plaintiffs Nos. 2 to 4, obtained on 6-7-1932, a transfer of a mortgage deed executed by one Kapur Chand (deceased husband of defendant No. 2) and his brother Kanhailal (defendant No. 3) in favour of one Hanuman Bux and Ratiram on 14-4-1927, for the sum of Rs. 3800/-. The plaintiffs filed Mortgage Suit No. 17 of 1934, in the Court of the Subordinate Judge, Cuttack, against defendants 2 and 3 and obtained a mortgage decree, in execution of which the mortgaged properties were put to sale and purchased by the plaintiffs.During the pendency of the mortgage suit, the plaintiffs had the two plots, now in dispute, namely C. S. plots 140 and 216, attached before judgment on 23-9-1934. ...
Tag this Judgment!Saleb Khan and anr. Vs. Madar Saheb Pir and ors.
Court: Orissa
Decided on: Apr-21-1954
Reported in: AIR1954Ori239; 20(1954)CLT487
Narasimham, J. 1. These two analogous appeals arise out of the reversing judgment of the Additional Subordinate Judge of Cuttack setting aside the judgment and decree of the Munsif of Kendrapara and decreeing the plaintiff's suit for recovery of possession of two small house sites.2. The plaintiff is a Pir represented by its present Mutawalli Alimulla. The wakf in favour of the Pir was created by the father of Alimulla named Ramjanulla some time in 1908 by a wakf-nama (Ext. 1). The total property dedicated to the Pir in that wakfnama is 14.8 acres (including the disputed house sites) and it was expressly stated in the deed of dedication that the surplus income from the wakf property may be appropriated by the Mutawallis.After the death of Ramjanulla, his wife (Ali-mulla's mother Hazara Bibi) became the Mutawalli and managed the wakf property till her death on 4-12-1933. During her period of management she executed two kabalas (Ext. A-1 dated 6-12-1922 and Ext. A dated 7-9-1925) in favo...
Tag this Judgment!Ashalata Panigrahiani Vs. Anand Dal Behera
Court: Orissa
Decided on: Apr-09-1954
Reported in: AIR1955Ori16; 20(1954)CLT444
Panigrahi C.J. 1. This appeal raises a short point of jurisdiction, The appellant is the decree-holder who obtained a decree for money against the respondent on 7-9-1937, and the last execution petition filed was E. P. No. 561 of 1948. The decree-holder attempted to have the movable properties of the judgment-debtor attached, but as the judgment-debtor bolted the door the warrant was returned unexecuted. The decree-holder then applied for the arrest of the Judgment-debtor who applied for time for payment but failed to pay anything towards the decretal dues. Ultimately a warrant of arrest was issued and the judgment-debtor was arrested. But this process also proved fruitless as the judgment-debtor was rescued forcibly by his relations and he escaped from the custody of the process-server.Thereafter, the decree-holder filed a petition under Sections 195 and 476, Criminal P. C., for prosecuting the judgment-debtor and this petition was registered as Misc. Case No. 62 of 1950 on 22-4-1950....
Tag this Judgment!Nanakram Das and ors. Vs. Nagarmal and ors.
Court: Orissa
Decided on: Apr-06-1954
Reported in: AIR1956Ori95; 21(1955)CLT231
Narasimham, J.1. This is a defendants' appeal against the concurrent decisions of the two lower Courts decreeing the plaintiff's suit for eviction of the defendants from two houses situated at Rajagangapur and for other consequential reliefs.2. The plaintiffs alleged that the defendants were their monthly tenants in respect of the two houses, and that the house rent was originally fixed at Rs. 5-12-0, but it had been raised to Rs. 10/- per month, and as the defendants were in arrears of house rent, they were given due notice to quit on or before 1-9-47, and that they failed to vacate the house in accordance with the notice. The plaintiffs further claimed damages at Rs. 1-8-0, per day for the unlawful occupation of the houses from the date of expiry of the notice.3. The defendants took the plea that the notice was not validly given, that the tenancy was an annual tenancy, and that they were therefore entitled to one year's notice. They also urged that the damages claimed were exhorbitan...
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