Rajasthan Court November 1958 Judgments
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Rameshwar and ors. Vs. Jethabhai
Court: Rajasthan
Decided on: Nov-18-1958
Reported in: AIR1960Raj13
K.L. Bapna, Ag. C.J.1. This is an appeal under Order 43 Rule 1 of the Civil Procedure Code against an order of the learned Civil Judge of Balotra, dated 6th August 1954 in suit No. 30/50. 2. The plaintiffs-appellants are Ramkaran, his son Bhanwarlal, Rameshwar and Ramrakh and the defendant respondent is Jethabhai son of Nensi Gujrati residing at Bombay. The case set out by the plaintiffs in their amended plaint is that the plaintiffs were carrying on business at Karachi and became displaced persons on the formation of Dominions of India and Pakistan. It was alleged that the defendant carried on business at Bombay under the name of Nensi Deosi and there was a branch of it at Karachi. This branch came to be closed on the formation of Dominions of India and Pakistan. It was alleged that on 20th September 1946 there was a contract between the parties by which it was agreed that the plaintiffs will cave delivery or 225 bags of Khopra at a certain rate to be delivered at the end of three mon...
Shah Jawaharlal Vs. Shah Chhaganlal and ors.
Court: Rajasthan
Decided on: Nov-07-1958
Reported in: AIR1959Raj197
Bhandari, J. 1. This second appeal has been referred to a Division Bench by Ranawat J., as it involves an important point of law relating to res judicata and has come before us for hearing.2. For the proper understanding of the case, the following pedigree table is given: SHAH SHANKARLAL | ___________________________________________________ | | | Pannalal Chokchand Maganlal widow | | Lalkunwarba | Jawaharlal | (Deft. No.1) ___________________________________________________________________ | | | | Chagganlal Kesrimal Shantilal Kantilal (Plaintiff) (Deft.No.2) (Deft.No.3) (Deft.No.4)3. On 4-4-1942, Chhaganlal filed the present suit in the court of Sadar Devani Raj Devgarh, Parlapgarh State, It is alleged in the plaint that in Smt. 1956, a partition had taken place amongst the three sons of Shankarlal by which one house situated opposite the house of Bhuraji in the town of Partapgarh was allotted to the share of Maganlal while another house situated in Gopalganj was jointly allotted to ...
Katha Bhatt Nand Kumar Vs. Chotey Lal
Court: Rajasthan
Decided on: Nov-06-1958
Reported in: AIR1960Raj19
K.K. Sharma, J.1. A very interesting point of law arises in this appeal. The plaintiff-appellant's father Ghisi Lal purchased half a share in a shop situated in Tripolia Bazaar, Jaipur along with some other property from Mst. Chameli as per sale-deed dated 12-4-1947. Mst. Chameli's share in the shop was occupied by the defendant Chhotey Lal as a tenant under Mst. Chameli at a monthly rental of Rs. 13/-The plaintiff-appellant gave a notice to the deferudant which was served on him on 8-5-1947.The plaintiff brought a suit out of which this appeal has arisen for arrears of rent of 31 months from 12-4-1947, the date of purchase to the date of the suit. He was met by a pica of the defendant that a sum of Rs. 495/11/- had been paid by the defendant to Mst. Chameli's mukhtar-i-am Radha Krishna on 6-4-1947 which included advance rent of Rs. 2087- for 16 months from Phagun Sudi 15, Sambat 2003 to Jeth Sudi 15, Sambat 2005, corresponding to 21-6-1948.2. The first court found that this advance re...
Chhaganlal Vs. Kesarlal and ors.
Court: Rajasthan
Decided on: Nov-04-1958
Reported in: AIR1959Raj97
D.S. Dave, J. 1. Both the cross-appeals arise out of the same suit and therefore they are disposed of together. They are directed against the judgment and decree of the learned Civil Judge, Tonk, dated the 27th February, 1953, modifying the decree of Munsif Tonk dated 31-10-52 in a suit for mandatory and perpetual injunction. 2. The dispute between the parties relates to a house which is situated in the town of Niwai in a locality which is known a Khari Kui Ka Bas. It is common ground between the parties that different portions of the said house are occupied by the parties to the suit. There are two chowks in this house. The property which is in possession of the plaintiffs is situated in the inner chowk. There was an open passage leading from the first chowk, to the second chowk. 3. It was averred by the plaintiffs that the said passage between the two chowks was joint property of the parties, that defendant No. 1 Chhaganlal in collusion with defendant No. 2 Ratanlal started construct...
Hazarimal Vs. Sonraj
Court: Rajasthan
Decided on: Nov-03-1958
Reported in: AIR1959Raj84
D.M. Bhandari, J.1. This is a civil second appeal on behalf of the defendant against the judgment and decree of the Civil Judge, Balotra dated the 24th of September. 1953 reversing the judgment and decree of the Munsif, Bhinmal, dated the 25th of March. 1953.2. The defendant executed a Hundi in favour of Punamchand Genaji on Achlaji Lakhmaji of Bombay on Jeth Badi 7th Smt. 2001. Punamchand Genaji indorsed this Hundi in favour of Chhogaji Khushalji. He also named Fauzaji Khushalji as drawee in case of dishonour of the Hundi by Achlaji Lakhmaji. The Hundi was dishonoured by Achlaji Lakhmaji and Chhogaji Kushalji received payment from Fauzaji Khushalji.Punachand Genaji, thereafter, made payment to Fauzaji Khushalji and received back the Hundi. Subsequently, he transferred his rights under the Hundi to the plaintiff Sonraj who brought the suit under the Hundi. The suit was decreed by the lower appellate Court.3. In this appeal it is argued on behalf of the defendant that Fauzaji Khushalji ...
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