Rajasthan Court July 1962 Judgments
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Lalchand and anr. Vs. Nenuram and anr.
Court: Rajasthan
Decided on: Jul-25-1962
Reported in: AIR1963Raj69
D.M. Bhandari, J.1. This is a Civil Second Appeal in a suit for ejectment and arrears of rent.2. The case set out by the plaintiffs is that the defendants had executed the rent note (Ex. 1) in their favour on the 15th of October, 1946, after taking on lease the house property situate at Jodhpur and mentioned in detail in Para No. 1 of the plaint. The defendants failed to pay rent for a long time and therefore two notices were served on them for ejectment and arrears of rent and ultimately the suit was brought on the 30th of October, 1950, in the Court of the Munsiff, City, Jodhpur for ejectment and arrears of rent. Two of the defendants, namely Nenu Ram and Shyam Lal contested the suit, while the case proceeded ex parte against Mst. Soni who died during the pendency of this appeal and her name has been struck off. The main defence raised by the contesting defendants is that on the I5th of October, 1946, the defendants had mortgaged the suit property with the plaintiffs for Rs. 5,500/-/...
Pamandas and ors. Vs. Mst. Lachhmi Bai and anr.
Court: Rajasthan
Decided on: Jul-20-1962
Reported in: AIR1963Raj35
I.N. Modi, J.1. This is a defendants-tenants' second appeal in a suit for ejectment.2. The material facts leading up to this appeal may shortly be stated as follows. It is admitted that the suit house was declared evacuee property under the Administration of Evacuee Property Act, 1950. (Act No. 31 of 1950), and the defendant Lilaram (who having died is now represented by his heirs Pamandas and others, the present appellant's) was admitted as a tenant therein by the Custodian. Thereafter the plaintiffs purchased the property in question at a departmental sale held by public auction on the 2nd June, 1955. They obtained a sale-certificate on the 14th August, 1958.It was mentioned in the sale-certificate that the sale would take effect from the 9th June, 1955. The plaintiffs gave the defendant a notice to quit on the 9tn December, 1958. Thereafter they filed the present suit for ejectment on the 29th June, 1959. The plaintiffs brought their suit for ejectment on a number of grounds out of ...
Jassuram and ors. Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Jul-18-1962
Reported in: AIR1963Raj72
Bhandari, J.1. These 85 writ petitions are disposed of by this judgment as they are similar on facts and common questions, of law arise for consideration in all of them.2. All the petitioners claim to be tenants in Tehsil Nohar, which formed part of the former Bikaner State before the State of Rajasthan was formed. Until the repeal of the Bikaner State Tenancy Act (Act No. II of 1945 (hereinafter called the Bikaner Tenancy Act) by the Rajasthan Tenancy Act (Act No. 111 of 1955 (hereinafter, called the Act) which came into force on the 15th October 1955, the status of the petitioners as tenants was governed by the provisions, of the Bikaner Tenancy-Act. So far as the State lands (sic) were concerned, that Act recognised occupancy tenants, Khatedar tenants, tenants for fixed terms and the tenants who did not fall in these three classes. That law also recognised occupancy tenants in respect of private lands.The common case of the petitioners is that they were tenants of the one kind or th...
Gorulal and anr. Vs. Gopichand
Court: Rajasthan
Decided on: Jul-18-1962
Reported in: AIR1963Raj149
I.N. Modi, J.1. This is a second appeal by the 'defendants Gorulal and Damodar, father and son, against the judgment and decree of the Senior Civil Judge, Jaipur City, affirming the judgmentand decree of the Additional Munsiff, Jaipur City, in a suit for rent and eviction.2. It is admitted between the parties that the defendants appellants bad taken the shop in suit with a Chobara on it from Rampratap and Badrinarain on a rent of Rs. 6/- per mensem by a rentnote dated the 4th January, 1944, Ex. 1. It is further admitted that Rampratap and Badrinarain had made a gift of the suit property to Mst. Shantidevi, wife of the plaintiff Gopichand and that on her death, Triveni Devi, her daughter, succeeded to the property and that the latter also 'died unmarried on the I4th of April, 1957. On the 30th December, 1955, a notice was served on behalf of Mst. Triveni Devi on the defendants terminating their tenancy and asking them to hand over possession of the suit property. Eventually, the plainti...
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