Rajasthan Court March 1951 Judgments
Bakhtawarsingh and ors. Vs. the State
Court: Rajasthan
Decided on: Mar-26-1951
Reported in: AIR1951Raj145
ORDERBapna, J.1. This is a revn. by five accused, Bakhtawarsingh, Gardsing, Tulchha, Nanura & Badri, who were convicted by the First Class Mag., Sujangarh for an offence Under Section 323, I.P.C. & sentenced to a fine of Rs. 250 each. The appeal by the accused was disallowed by the Ses. J. at Churu.2. The ease for the prosecution is that the complainant Surja was in possession of a field in the boundary of village Gopalpura & when he began to plough it on 17-7-1947, the five accused, who are stated to be employees of the Thakur of Gopalpura, committed trespass & assaulted Surja & his son Deepa with lathies & began to cultivate the field themselves. The occurrence took place at about 2 P. M. & a report was made at police station, Sujangarh at 6 P. M. by Surja. The police after investigation made a report to the Ct. of First Class Mag., Sujangarh that the field was in possession of the Thakur of Gopalpura & it was Surja who wanted to dispossess the Thakur & commit trespass & caused injur...
Tag this Judgment!Prabhashankar and anr. Vs. Nagawat Ratichand
Court: Rajasthan
Decided on: Mar-20-1951
Reported in: AIR1951Raj149
ORDERBapna, J.1. This is a revision by the defendant, against a decree of the Civil Judge, Banswara in exercise of Small Cause Court powers. Various grounds have been taken by the learned counsel for the petitioner but an additional ground was taken in the course of hearing, viz. that the suit was instituted originally as a Small Court suit(sic.) in the Court of Civil Judge at Banswara and thereafter, after a certain stage it was tried by the Civil Judge in exercise of Small Cause Court powers which was contrary to law. This contention is correct. On persual of the record it appears that the suit was instituted in the Court of Civil Judge, Banswara, on 7th of June, 1948 and that the proceedings continued till 22nd of July, 1950 when it was taken on the Small Cause Court side of the Civil Court and thereafter tried as such. Under Section 30 of the Rajasthan Small Cause Court Ordinance (no. VIII of 1950) this was not permissible if a suit is instituted or proceedings have commenced in an...
Tag this Judgment!Dalu Vs. Juharmal and anr.
Court: Rajasthan
Decided on: Mar-16-1951
Reported in: AIR1952Raj91
Bapna, J.1. This is a second appeal in a suit for redemption of a mortgage.2. The appellant sued the respondents for redemption of a mortgage alleged to have been effected by Kela Bhajja in favour of Daya Ram. According to the plaint, a plot of land 17 bighas and 14 biswas bearing Survey Record No. 207 in village Rewara, Tehsil Rashmi, was mortgaged somewhere about Samvat 1956 for Rs. 25/-. It was alleged that the defendants who are the sons and heirs of Daya Ram had not only paid themselves off, but had enjoyed an excess income of Rs. 2,200/- since the date of the mortgage. It was alleged that the plaintiff Dalu was the heir and legal representative of the mortgagor and redemption was prayed without any payment of money or such payment of money to which the defendants may be entitled under the mortgage. The defendants denied the mortgage and set up their own title on account of a sale alleged to have been executed by Megha Sawai Ram in favour of Sola. It was alleged that they were in ...
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