Orissa Court October 1961 Judgments
Khetramohan Baral and ors. Vs. Moni Behera and ors.
Court: Orissa
Decided on: Oct-12-1961
Reported in: AIR1962Ori128
Narasimham, C.J.1. This is a defendants' second appeal against the appellate judgment of the Additional District Judge of Cuttack-Dhenkanal in Title Appeal No. 44 of 1956 maintaining the; judgment of the Munsif, Second Court, Cuttack, decreeing the plaintiffs' suit (No. 211 of 1950) for a declaration that they Were cash-paying occupancy raiyats in respect of the disputed lands, and for other consequential reliefs.2. In the aforesaid suit there were 16 plaintiffs of whom plaintiff No. 4 . was one Dhadi Behera. All the plaintiffs are descended from a common ancestor named Panu Behera. The disputed plots were recorded in the current settlement as the occupancy holdings of one Ganeswar Mohanty and his co-sharers who , were the predecessors-in-interest of the defendants. The plaintiffs alleged that the settlement entries were in correct that the status of the defendants was that of tenure-holders and not that of occupancy raiyats and that the plaintiffs were the occupancy raiyats in respect...
Tag this Judgment!Khetramohan Baral and ors. Vs. Rasananda Misra and ors.
Court: Orissa
Decided on: Oct-12-1961
Reported in: AIR1962Ori141
Narasimham, C.J.1. These four second appeals were heard analogously and will be disposed of in one judgment. They arise out of the judgment and decree of the learned Additional District Judge of Cuttack-Dhenkanal confirming the judgment and decree of the Munsif, Second Court, Cutback, in four suits as described in the chart below :Number of suit in the trial court. 1Number of the appeal before the Addl. District Judge.Number of Second Appeal before the High CourtO.S.No. 208/50T.A. 41/56S.A 68/1959O.S.No. 209/50T.A. 42/56S.A. 69/1959O.S.No. 210/50T.A. 43/56S.A. 70/1959O.S.No. 212/50T.A. 45/56S.A. 72/19592. In the trial Court O. S. Nos. 208, 210, 211 and 212 of 1950 were all disposed of by one judgment. Though they were all tried analogously with T. S. No. 209 of 1950, a separate judgment was however delivered in T. S. No. 209 of 1950 by the learned Munsif. Five separate decrees were prepared in respect of all the aforesaid title suits. Five appeals were filed against the judgments and d...
Tag this Judgment!State of Orissa Vs. Bhourilal Agarwalla (Accused)
Court: Orissa
Decided on: Oct-11-1961
Reported in: 1962CriLJ835
S. Barman, J.1. This Government appeal is against the order of acquittal passed by the learned 1 Magistrate 1st Class, Rairangpur, District Mayurbhanj, acquitting the accused respondent herein of the charge of alleged refusal to give inspection and causing obstruction to search, punishable under Section 25(f) and (h) of the Orissa Sales Tax Act, 1947, in the circumstances hereinafter stated.2. The prosecution case, shortly stated, was that : On June 13, 1959 the Assistant Sales Tax Officer (P.W. 1) went to the shop of the accused respondent, disclosed his identity and wanted to have an inspection, of the books of account, and it is said that the Officer found certain black books which he did not seize; then the said officer asked the accused respondent to open two drawers of an almirah and demanded production of what was described as Ucchanti Khata (Jot note book); the accused respondent however, refused to comply with the officer's demand and. did not open the almirah or the drawers; ...
Tag this Judgment!Muralidhar Marwari Vs. Lalit Mohan Sahu and ors.
Court: Orissa
Decided on: Oct-10-1961
Reported in: AIR1962Ori86
R.K. Das, J.1. This appeal is by defendant No. 1 directed against an order dated 5-2-1960 passed by Sri B.K. Misra, Additional Subordinate Judge, Sambalpur, in Title Appeal No. 7 of 1960, confirming an order dated 5-8-1957 of Sri K.C. Kar Munsif of Deogarh in Title suit No. 13 of 1956. 2. Respondents 1 to 3 are the legal representatives of the original plaintiff Dasarathi Sahu who died after the judgment in the lower appellate Court. This is a suit for declaration of plaintiff's title and recovery of possession in respect of house property situate in the Deogarh town in the Ex-State of Bamra. Kunjabehari Majhi, defendant No. 3, owned some rooms standing on plot No. 1368 in Khata No. 296 with an area Order 19 in mouza Deogarh. By a registered sale deed dated 27-9-1949 (Ex. 1) he sold the suit rooms and the said plot to the plaintiff for a sum of Rs. 1200/- and gave formal delivery of possession by asking defendants 1 and 2, who were occupying different portions of the said houses as mon...
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