Rajasthan Court December 1963 Judgments
Thakar Lal Vs. Nathulal and ors.
Court: Rajasthan
Decided on: Dec-16-1963
Reported in: AIR1964Raj140
Modi, J.:1. This is a special appeal by an auction purchaser against a judgment and decree of a learned single Judge of this Court dated the 25th August, 1960, and raises an interesting question of law, namely, whether an auction-purchaser is entitled to recover back the purchase money from the decree-holder after the confirmation of a sale in his favour if it is discovered in a suit brought by a third party that the judgment-debtor had no saleable interest in the property purchased by the auction purchaser, and, therefore, he is deprived of the possession of such property.2. The facts leading up to this appeal lie in a narrow compass. Mst. Rama respondent No. 1. obtained a money decree against Mst. Gulab. The former haying died during the course of the present appeal, is now represented by Nathulal and others. The judgment-debtor Mst. Gulab also having died is represented in this appeal by respondents Nos. 5 to 7. Respondents Nos. 2 and 3 are certain other decree-holders against Mst. ...
Tag this Judgment!Gulabchand Palliwal Vs. Govind Sahai and ors.
Court: Rajasthan
Decided on: Dec-09-1963
Reported in: AIR1964Raj155
Modi, J.1. This election appeal raises an interesting question as to the interpretation of Section 82(b) of theRepresentation of the People Act, 1951 (No. 43of 1951) as amended up to date, hereinafter calledthe Act.2. The appellant before us as also respondents Nos. 1 to 4 stood as candididates for the Rajas-than Legislative Assembly from the Gangapur Assembly Constituency at the General Election of 1962. The former stood on the Congress ticket while the contesting respondent (Shri Govind Sahai), stood from the Jan Sangh ticket. There was one more, candidate at this election namely Shri Damodar Prasad Sharma whose nomination paper was duly accepted under Section 36(8) of the Act. Thereafter the latter withdrew his candidature under Section 37 with the result that he did not contest at the actual poll. It is further admitted between the parties that Shri Damodarprasad Sharma became an election agent of the contesting respondent Shri Govind Sahai at the said election.As a result of the p...
Tag this Judgment!Ghanshyamdas Vs. Gambhir Mal and ors.
Court: Rajasthan
Decided on: Dec-06-1963
Reported in: AIR1965Raj155
Jagat Narayan, J.1. These are two connected execution second appeals, by one of the judgment-debtors named Ghanshyam Das, arising out of the execution of a decree for money passed by the Sudder Adalat of the then State of Jaisalmer on 27-12-45. 2. No codified law was in force in that Shite but justice was administered in accordance with the principles underlying the laws which were in force in British India. Under notification No. 925/1554-G/46 dated 1st March 1946 the Code of Civil Procedure and some other Acts in force in British India were adopted 'with due adaptation to local conditions in regard to the constitution and power of the Courts and such recognised customs or old practice as is not immoral or is opposed to public policy'. One of the modes for executing a money decree which was in vogue in that State was that on the application of the decree-holder for execution, immovable property of the judgment-debtor was attached on the former's nishan-dehi and the decree-holder was p...
Tag this Judgment!Ramjilal Vs. Board of Revenue and anr.
Court: Rajasthan
Decided on: Dec-06-1963
Reported in: AIR1964Raj114
Dave, C.J.1. This is an application under Article 226 of the Constitution of India. It is directed against the decision of the learned Members of the Board of Revenue Rajasthan passed in second appeal on 23rd December, 1961.2. Briefly stated, the facts giving rise to it are as follows:--The petitioner's father Gangasahai and one Pusharam, who were descendants of a common ancestor Bhudarmal, were Khatedars of Khasra Nos. 765, 766, 769, 873, 874 and 946, in all measuring 13 bighas 2 biswas, situated In village Giglana, Tehsil Behror. Gangashai died in the life-time of Pusharam. On Pusha Ram's death in March 1945, respondent No. 2 Kirparam, who claimed to be his adopted son, got the said land mutated in his name. The petitioner contested the mutation proceedings commenced at the instance of Kirparam, but he was not successful. In the meanwhile, the landlords of the said fields took possession of them and so Kirparam had to file a suit for recovery of the possession of the said fields agai...
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