Orissa Court April 1967 Judgments
M. Malati and ors. Vs. M. Dharma Rao and anr.
Court: Orissa
Decided on: Apr-27-1967
Reported in: AIR1968Ori8; 33(1967)CLT789; [1967(15)FLR381]; (1968)ILLJ59Ori
Das, J.1. Appa Rao who was serving as a Railway guard died on 17-9-59. The plaintiff is his minor son through his predeceased first wife and M. Malati (defendant-appellant-1) is his second wife. At the time of death, Appa Rao left the following amongst his other assets.1.Savings Bank DepositAccount No. 35110 in the Khurda Post OfficeRs. 1600-002.GratuityRs. 5200-003.Provident Fund Deposit ...Rs.11664-78In respect of the Provident Fund amount he nominated his wife M. Malati. After the death of Appa Rao, M. Malati (defendant-1) withdrew the said amount and deposited the same in the name of her father (D-2) in the post office savings bank. Defendant-2 having died during the pendency of the suit, defendants 2 to 6 were added as his legal representatives.2. Plaintiff's case is that after his father's death, there was some dispute between him and defendant-1 and the mother of Appa Rao over the division of the assets left by his father. The matter was referred to the Panchayat who gave an awa...
Tag this Judgment!Nata Padhan and ors. Vs. Banchha Baral and ors.
Court: Orissa
Decided on: Apr-10-1967
Reported in: AIR1968Ori36; 33(1967)CLT974; 1968CriLJ336
G.K. Misra, J.1. The material facts may be stated in chronological order to bring out the points of controversy into bold relief. On 14-4-1950 defendants 1 to 3 filed an application under the Orissa Tenants Protection Act in Misc. Case No. 3 of 50-51 alleging that they were bhag tenants under late Gopal Satapathy and were in possession of the disputed lands on 1-9-1947. On 9-5-50 Gopal Satapathy executed a registered sale deed (Ex, 6) in favour of Biswanath Mohapatra (defendant-4) in respect of the disputed lands. On 13-5-1950 defendant-4 executed a Patta (Ex, 4) inducting the plaintiffs as bhag tenants for cultivating the disputed lands for one year. A proceeding Under Section 145, Cr. P.C. was started between the plaintiffs and defendants 1 to 3 in Misc. Case 4/51. Preliminary order was passed on 6-1-51. On 17-1-51 Misc. Case No. 3/50-51 was decided against defendants 1 to 3 by the trial court. By an order (Ex. A) dated 5-3-51 Misc. Appeal No. 205/1950-51 filed by defendants 1 to 3 a...
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