Orissa Court January 1967 Judgments
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Orissa Cement Ltd. Vs. Union of India (Uoi) Represented by the General ...
Court: Orissa
Decided on: Jan-10-1967
Reported in: AIR1967Ori160
Misra, J. 1. The only question involved in this appeal relates to limitation Defendant does not challenge the merit of the plaintiff's claim. Facts relevant to the question of limitation need only be mentioned There was a shortage in the consignment for 264 M S Rounds worth Rs. 4,655.10 paise A short delivery certificate (Ext 6) was furnished to the plaintiff on 23-2 1957 Plaintiff addressed letters (Exs 7 and 9 to 9/b) to the railway authorities on 26-6-1957 17-7-1957. 11-10-1957 and 24-12-1957 claiming compensation for the shortage incurred Defendant repudiated the claim for compensation by a letter (Ex 10) on 10-1-1958. Plaintiff sent a notice (Ex. 11) under Section 80 C. P C on 14-2-1958 to the defendant. On 21-2-1958 plaintiff reiterated its claim for shortage by a letter (Ex 12). Defendant repudiated the claim by a reply (Ex 13) dated 22-3 1958 On 14-4-1958 plaintiff flied Money Suit No 10/58 By then the period of 60 days from Ex. 11 had not expired The 60 days' time was to expir...
Akasam Chinna Babu Vs. Akasam Parbati and anr.
Court: Orissa
Decided on: Jan-10-1967
Reported in: AIR1967Ori163
Das, J. 1. The plaintiff-appellant is the husband of defendant-respondent No. 1, Akasam Parbati. They were married sometime in February 1956. It is the case of the plaintiff that after their marriage his wife lived with him for a short time and thereafter she was forcibly removed by defendant No. 2, her maternal uncle, to his house where she lived an adulterous life with him and gave birth to a daughter who is now about five to six years old. Their relationship continued to remain unhappy. A registered notice was sent on behalf of the appellant to defendants Nos. 1 and 2 alleging that they were living an adulterous life and in the said notice the plaintiff also disclaimed the parentage of the daughter horn to defendant No. 1 2. The defendant No. 1 denied the allegations and made counter-allegations of cruelty against the plaintiff in reply to the said notice dated 9-5-1959. The defendant No. 1 started a criminal case against the plaintiff and some Others alleging that they assaulted he...
State of Orissa Through the Land Acquisition Collector Vs. Amarandra P ...
Court: Orissa
Decided on: Jan-10-1967
Reported in: AIR1967Ori180
Misra, J. 1. The State of Orissa acquired 2.75 acres of land in village Gamdera for the Belpahar Refractory company (Respondent-2), hereinafter referred to as the: Company Out of the aforesaid land, 0.22 acre belonged to Respondent-1 The Land Acquisition Collector fixed the compensation at the rate of Rs 420 per acre and passed an award for 92.40 paise. On the objection of respondent-1, the Collector made a reference to the District Judge under Section 18 of the Land Acquisition Act for determination of compensation. The matter was ultimately heard by the learned Subordinate Judge. Sambalpur, who valued the disputed land at Rs. 3300/-. He also decreed a sum of Rs 495/- representing fifteen per cent of the basic . compensation towards solatium under Section 23(2) of the Land Acquisition Act Interest was granted at six per cent per annum from the date of. dispossession. Against the judgment of the learned Subordinate Judge the first appeal has been filed by the State of Orissa. 2. Mr. Mo...
Khalli Panda and anr. Vs. Dharam Gouda
Court: Orissa
Decided on: Jan-09-1967
Reported in: AIR1967Ori172
ORDERR.K. Das, J. 1. Petitioner No. 1 is the father of petitioner No. 2. They are occupying a house belonging to the plaintiff-opposite party in the town of Berhamjmr from 18-4-57. It was the case of the plaintiff that the rent of the said house was originally fixed at Rs. 70/-whereas the case of the defence was that the rent was fixed at Rs. 50/- (fifty). We are not however concerned at this stage with that part of the controversy. 2. The plaintiff filed Money Suit No. 51/ 65 in the Court of the Subordinate Judge, Berhampur, for realisation of arrears of rent covering a period of three years that is, from 15-6-62 to 15-5-65 claiming the rent at the rate of Rs. 100/- per month. 3. In the written statement the defendants took the plea that the rent payable was Section 30A and that it was neither Rs. 70/- nor Rs. 100/- as alleged by the plaintiff. 4. After filing of the money-suit the defendants-petitioners filed an application on 5-7-65 under Section 5 of the Orissa House Rent Control A...
Abani Kumar Goswami Vs. Ramgopal Patwari and anr.
Court: Orissa
Decided on: Jan-06-1967
Reported in: AIR1967Ori113; 33(1967)CLT148
Misra, J. 1. Plaintiff is the tenant of the disputed house belonging to defdt.-l (the landlord). On 3-10-1961 the landlord filed an application before the House Rent Controller, Cuttack, for eviction of the plaintiff under Section 7 of the Orissa House Rent Control Act, 1958 (Orissa Act XXXI of 1958) hereinafter referred to as the Act on the allegations that the plff. had sublet the house and that he required it for his own business. The tenant challenged both the grounds as frivolous. The House Rent Controller dismissed the application holding that the Landlord failed to substantiate any of the grounds. The A. D. M. Cuttack (defdt.-2) rejected the case of sub-letting but held that the landlord required the house in good faith for his own occupation. He accordingly passed an order of eviction (Ext. 4) on 1-10-63 directing the tenant to give vacant possession of the suit premisses to the landlord by 15-11-63. The tenant filed O. J. C. 344/1963 which was not admitted. The plff. filed the...
Fullamoni Dei and anr. Vs. Netrananda Sahu
Court: Orissa
Decided on: Jan-04-1967
Reported in: AIR1967Ori103; 33(1967)CLT876
Misra, J. 1. Kanhei Sahu had three sons Krupasindhu, Ramchandra and Bhagaban. Fullamoni (Plaintiff 1) is the wife of plaintiff 2. Deceased Ramchandra had five sons Mukunda (D. W. 2), Sadananda, Netrananda (defendant), Kshetramohan and Punananda. Jaykrishna, Basudeb and Banamali are the sons of deceased Krupasindhu. On 11-2-58 plaintiff 2 executed a registered adoption deed (Ex. B) reciting therein that he had adopted the defendant ten years ago. On 12-2-58, Just a day after, a registered partition deed (Ex, A) was brought into exist-nee to which plaintiff 2 and the sons of Krupasindhu and Ramchandra were parties. The properties were divided into three shares and the one-third share, to which plaintiff 2 was entitled, was allotted to plaintiff 2 and the defendant on a recital that the defendant had been adopted by plaintiff 2. The suit was filed on 8-2-61 on the averment that the plaintiffs did not adopt the defendant, that Ex. B was fraudulently procured and that the recital of adoptio...
Badridas Goenka and ors. Vs. Gopal Jew Thakur and ors.
Court: Orissa
Decided on: Jan-02-1967
Reported in: AIR1967Ori99; 33(1967)CLT995
G.K. Misra, J. 1. Plots 369 and 370 belong to the plaintiffs. Plot 371, belonging to the defendant, lies adjacent to plaintiffs land to the southwest. Plaffs. purchased their land by a registered sale deed (Ex. 3) on 30-4-1012. A Dharmahala was constructed near about the year 1916 as appears from the plan (Ex. 4). The dispute relates to the south-western wall of the plaff's. kitchen block. A two storeyed kitchen building stands on the wall. The wall had cornices to the western side and built on sufficient foundation protruding by four to five inches over the ground surface. Defendants cut the disputed wall on 7-6-58 and 22-6-58 to the extent of 7' x 10' x5' and cut the cornices and plaster and white-washed the same. Plffs. claim title to the wall which they have constructed when the original Dharmashala was built and also by acquisition of title by adverse possession due to long, continuous and undisturbed posession in their own right, title and interest for over 40 years. Defendants a...
Udayanath Sahu Vs. Ratnakar Bej and ors.
Court: Orissa
Decided on: Jan-02-1967
Reported in: AIR1967Ori139; 33(1967)CLT1163
G.K. Misra, J.1. Bisi Bej died 25 years ago. He had three sons Rajan. Ratnakar (Plaintiff 1) and Indramani. Rajan and Indramani died about 12 years ago respectively. Defendant 2 is the son of Rajan. Plaintiff 3 is the widow and plaintiff 2 is the son of Indramani. On 19-5-58 defendant 2 transferred the disputed property to defendant 1 by a registered sale deed (Ex. C) for Rs. 995. Plaintiffs assail this alienation as not binding on them as the family was an undivided joint family. Defendant 1 contested the suit alleging that plaintiffs and defendant 2 were separate, there was a parti-lion by metes and bounds soon after the death of Bisi, the disputed land fell to the share of defendant 2's father who was in exclusive possession of the same and the sale was valid.2. Both the courts below found that the defence story of partition by metes and bounds had not been established. Mr. Mohanty did not assail this concurrent finding. He, however, contended that there were enough materials on rec...
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