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Rajasthan Court September 1972 Judgments

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Sep 07 1972

Sohan Lal and anr. Vs. Smt. Manohar Bai and ors.

Court: Rajasthan

Decided on: Sep-07-1972

Reported in: AIR1973Raj160; 1972()WLN894

Kan Singh, J. 1. This is a defendants'second appeal arising out of an action for enforcement of certain rights of easement in respect of a 'Medi' fan apartment in the upper storey) and directed against the appellate judgment and decree of the learned District Judge. Bhilwara dated 27-1-1966. 2. The parties were neighbours andwere living at Bhilwara. The plaintiffs have their shop marked A in the site plan attached to the plaint. On the roof of this shop the plaintiffs have their 'Medi' marked B. On the back side of the shop is the 'Gwadi' or house of the defendants. It is plaintiffs' case that their ingress to the 'Medi' lies through the defendants' 'Gwadi' from over the staircase marked E and the open space on the roof marked DH. The wav is shown as MN in the map. The plaintiffs' case further was that there was a door on the western side of the 'Medi' which abutted the open space on the roof DH. The plaintiffs proceeded to say that this door existed for the last 60 years and they were...


Sep 05 1972

Chittar Singh and ors. Vs. State of Rajasthan and anr.

Court: Rajasthan

Decided on: Sep-05-1972

Reported in: 1972WLN835

L.S. Mehta, J.1. This is a revision-petition filed on behalf of Chittar Singh and 9 others, against the order dated August 20, 1971, of Mr. Rama Kant, learned District Magistrate, Bhilwara.2. The succinct facts of this case are that there existed some dispute between Bhura on the one side and Chittar Singh and his partymen, on the other, regarding some agricultural land, situate in village Sethunia; Bhura apprehended breach of the peace. He, therefore, made an application on 18-12-1967, Under Section 107, Cr. P.C. in the court of first Class Magistrate, Bhilwara, against as many as 21 persons, including the 10 petitioners. A case was then registered under Section 107, Cr. P.C. on February 16, 1968. Thereafter notices were issued under Section 112, Cr. P.C. the same day to show cause as to why they should not be bound over to keep the peace and be of good behaviour for a period of one year. That period expired Thereafter proceedings continued. On April 15, 1969, orders were passed to th...


Sep 04 1972

Jagannath and ors. Vs. Satya NaraIn and ors.

Court: Rajasthan

Decided on: Sep-04-1972

Reported in: AIR1973Raj13; 1972()WLN709

Kan Singh, J.1. This is an appeal bythe defendants directed against the 'judgment and decree of the learned District Judge, Partabgarh (Camp Chittorgarh) end. inter alia, raises the question whether the suit was barred by the provisions of Section 29 of the Raiasthan Public Trusts Act. 1959 (Act No. 42 of 1959), hereinafter referred to as the 'Act'.2. The suit was filed on 27-8-1962 by the Panch Mahesihwaris of Chittorgarh and it concerns a temple known as Shri Laxmi Narainii's temple situated at Chittorgarh. It was for an injunction requiring the defendants Jagan Nath and Laxmi Lal to hand over certain articles of the temple which were in their custody as Puiaris of the aforesaid temple and further refrain from performing the work of 'Sewa 'Pooia' in the temple.Stated in brief the plaintiffs' case was that the temple belonged to the Maheshwari Community and was being managed through their Panch as. The latter had employed the defendants for performing the 'Sewa Pooia' at the temple an...


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