Orissa Court January 1962 Judgments
Parfulla Kumar Das Vs. House Rent Controller and ors.
Court: Orissa
Decided on: Jan-24-1962
Reported in: AIR1962Ori173
R.K. Das, J.1. This is an application under Article 226 of the Constitution for issuing an appropriate Writ to quash the proceedings for eviction of the tenant-petitioner under Section 7 of the Orissa House Rent Control Act, 1958 (Orissa Act 31 of 1958), herein after called the Act, pending before the House Rent Controller (hereinafter called the Controller) in H. R. C. No. 44 of 1960.2. The petitioner and his father (opposite party No. 4) were occupying the suit premises as monthly tenants of holding No. 150 in Ward No. 13 in the town of Cuttack under the landlords Harihar Satpathy and others. The said landlords sold the suit premises to opposite party Nos. 2 and 3 by a registered sale-deed dated 19-12-1959. After the said purchase, opposite party Nos. 2 and 3 became the owners of the suit house and called upon the petitioner and opposite party No. 4 to vacate the suit house, to deliver possession to them and also to pay arrears rent due on them, The tenants having failed to comply wi...
Tag this Judgment!Vysyaraju Kasiviswanadham Raju and ors. Vs. Provas Chandra Poddar
Court: Orissa
Decided on: Jan-19-1962
Reported in: AIR1962Ori154
Narasimham, C.J.1. This is a petition under Article 133 of the Constitution for leave to appeal to the Supreme Court against the Division Bench decision of this Court an A. H. O. No. 2 of 1960 (reported in AIR 1962 Orissa 149), dismissing the suit of petitioner No. 1 (T. S. No. 143 of 1955 filed in the Court of the Munsif of Berhampur) for eviction of a tenant (opposite party respondent) from his house situated in Berhampur Town.2. The plaintiff (petitioner No. 1) is admittedly the owner of the suit house and his title as owner is never under challenge. The opposite party was admittedly a monthly tenant. The rent of the suit house was raised to Rs. 120/- per month by the Orissa House Rent Controller acting under the provisions of the Orissa House Rent Control Act, 1050 (Act XI of 1951). After the expiry of the Act, the plaintiff brought a suit for eviction of the opposite party after giving him the usual notice to quit. He also claimed damages for use and occupation of the house, at th...
Tag this Judgment!Ramkrishna Panda Vs. Arjuno Padhano and ors.
Court: Orissa
Decided on: Jan-15-1962
Reported in: AIR1963Ori29
S. Barman, J. 1. The plaintiff is the appellant, -- In this second appeal, -- from a confirming decision of the learned District Judge, Berhampur, whereby he confirmed a decision of the learned Munsif, Aska, and dismissed the plaintiff's suit against the defendants which, originally, was for permanent injunction with the alternative prayer for possession subsequently converted to suit for possession, in the circumstances hereinafter stated.2. The plaintiff's case, -- shortly stated, -- was this: The suit lands stood recorded in the name of the plaintiffs father in 1941; in 1942 plaintiff's father died; in 1953 the final record-of-rights dated October 2, 1953 shows that the suit lands stood in the name of the plaintiff (Ext. 1). The defendants challenged the said entry in the record-of-rights, and filed a revision in the Board of Revenue on the basis of an unregistered sale deed dated February 20, 1942 stated to have been executed by the plaintiff's father in favour of the defendants: t...
Tag this Judgment!State of Orissa Vs. Sailabehari Chatterji
Court: Orissa
Decided on: Jan-10-1962
Reported in: AIR1963Ori73
Narasimham, C.J. 1. This is an appeal by the defendant (State of Orissa) against the judgment of the Additional Subordinate Judge of Cuttack, decreeing the plaintiff-respondent's suit for damages for wrongful discharge from Government service and for other reliefs.2. The respondent was appointed as sub-deputy Collector by the Government of Orissa on11-12-39 (Ext. 2). After serving in various posts,he was promoted as Deputy Collector on 3-2-1946,posted to Koraput as Sub Divisional Officer andSpecial Assistant Agent on 4-5-58 and transferredto Sundargarh as Sadar Sub-divisional Officer on18-10-48 and confirmed as Deputy Collector witheffect from 1-1-1949.3. A case under S, 406 I. P. C. was pending in his file against one Batakrushna Sahu from March 1949 and in connection with that case it was alleged that the respondent, through his Bench Clerk, demanded a bribe from one Gopal Sahu, uncle of Batakrushna Sahu. As respondent's reputation for honesty was not good, the then Additional Magist...
Tag this Judgment!Dandapani Gouda Vs. State of Orissa
Court: Orissa
Decided on: Jan-10-1962
Reported in: AIR1962Ori140
Narasimham, C.J. 1. The petitioner was serving as a Sub-Registrar under the Government of Orissa, until he Was placed under suspension on 27-6-1951 in consequence of certain allegations of corruption made against him while serving at Patrapur in the District of Ganjam. After his suspension a regular departmental enquiry was commenced against him and on 2-8-1952 nine charges were framed against him (see Annexure B) and he was called upon to show cause why he may not be suitably punished. He showed cause, and it appears that some sort of departmental enquiry was held but the findings arrived at were not communicated to him. But on 22-8-1956 (see Annexure D) Government directed his reinstatement in service pending disposal of the departmental proceedings against him. He was then reinstated in service. Eventually on 20-4-1959 Government decided that the period of suspension already undergone by the petitioner shall be treated as substantive punishment (see Annexure E), that it will not be ...
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