Rajasthan Court August 1973 Judgments
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Capstan Meter (India) Ltd. Vs. the State of Rajasthan
Court: Rajasthan
Decided on: Aug-20-1973
Reported in: AIR1974Raj63; 1973()WLN762
ORDERC.M. Lodha, J.1. The short point arising for decision in this revision application is whether the petitioner is entitled to exclude the time taken for obtaining copy of the award for reckoning the limitation for making an application for reference under Section 18 of the Rajasthan Land Acquisition. Act. 1953.2. The contention of the learned counsel for the petitioner is that by virtue of Section 29 of the Indian Limitation Act the applicability of Section 12 of the Limitation Act is not excluded in the present case. It has been argued that the limitation for making such an application is prescribed by a special law namely the Rajasthan Land Acquisition Act, 1953 (hereinafter called the Act) and this period of limitation as prescribed in the Act is different from the period prescribed by the Schedule to the Limitation Act. The second branch of the argument of the learned counsel is that even though there is no specific provision for such an application under Section 12 of the Limit...
Sardar Singh Vs. Mehant Bhagwandas
Court: Rajasthan
Decided on: Aug-20-1973
Reported in: 1973(6)WLN768
C.M. Lodha, J.1. This is a revision petition by the defendant against the order of the Additional District Judge, Dholpur dated 6-4-1972 by which the learned Judge allowed the nonpetitioner's application for amending the plaint.2. The nonpetitioner filed an application to institute a suit as a pauper. This application was rejected on 17-11-1971 and 15 days' time was granted to the nonpetitioner to file the requisite court fee. It appears that on the request of the plaintiff-nonpetitioner time to make up deficiency in the court fee was extended upto 14.1.1972. But on 11-1-72 the plaintiff made an application for amendment of the plaint by introducing certain changes in the cause of action as well as in valuation of the suit and submitted accurst-fee stamp of Rs. 200/- being the deficit court fee payable on the amended plaint The learned Judge, as already stated above, allowed the amendment of which the piti-tioner is now aggrieved before me.3. Learned Counsel for the petitioner has argu...
Permanand and anr. Vs. Smt. Anandi Bai and ors.
Court: Rajasthan
Decided on: Aug-16-1973
Reported in: AIR1974Raj65; 1973()WLN643
Kan Singh, J.1. This is a defendants' second appeal arising out of, a suit for eviction from certain premises described in para-1 of the plaint.2. Smt. Anandi Bai, the plaintiff-respondent, 'had purchased the property in question from one Govind Ram on 4-8-66. Defendant Dharamdas was the tenant of Govind Ram and In consequence of the purchase of the property by Smt. Anandi Bai he became her tenant. The plaintiff sued the defendant Dharamdas and sought the relief of eviction on two grounds' (1) 'that of default and (2) that the property was bona fide and reasonably required by the plaintiff for residence. Prior to the filing of the suit the tenancy was terminated by the plaintiff by a notice dated 25-1-67. It may be mentioned that during the pendency of the suit Dharamdas died and his legal representatives Permanand and Jhamandas were brought on record in his place.3. The defendant-tenant contested the suit. It was averred by him that he was in occupation of the suit premises on the sec...
NaraIn Chand Mehta Vs. Krishna Kumar
Court: Rajasthan
Decided on: Aug-07-1973
Reported in: 1973(6)WLN546
Kansingh, J. 1. This is a plaintiff's second appeal directed against the appellate decree of the learned Additional Districe judge No. 1 Jodhpur and arises out of a suit tor ejectment.2. The subject matter of the suit is a shop forming part of a building situated outside Jatori Gate, Jodhpur known as Ramnath Chand Mehta Bhawan. It comprises a residential bungalow and two wings in which there are ten shops abutting the road. The property was owned by Shri Thanchand Mehta, Advocate Shri Thanchand Mehta had introduced the defendant-respondent as a tenant on the suit shop on 1-4-56 on a monthly rent of Rs. 32/-The defendant was running an Optician's shop there. Subsequently on 22-9-56, Shri Thanchand Mehta made a gift of the shops including the suit shop in Ramnath Chand Mehta Bhawan to his son Shri Narain Chand Mahta, the plaintiff. Thereafter the defendant started paying rent to Shri Narain Chand. Shri Narain Chand Mehta passed his LL.B. Examination in 1965 and was enrolled as an Advocat...
Chirmoli and anr. Vs. Jaganlal and anr.
Court: Rajasthan
Decided on: Aug-01-1973
Reported in: 1973(6)WLN857
Kan Singh, J.1. This is a tenant's second appeal arising out of a suit for eviction of the tenant from certain premises and raises a question about the applicability of Section 59 A of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950, hereinafter called the ''Act'.2. The defendants had taken on rent a shop situated at Hindaun on 12-5-58 and executed a rent note for the same which is Ex. 1 on record. The monthly rent was Rs. 44/-. Earlier to the present suit the plaintiffs had filed a suit against the defendant appellants for their eviction from the shop on the ground of default and also on the ground of bonafide reasonable necessity of the landlords for the premises During the pendency of the suit, however, the Act was amended and in accordance with the amendments the defendant-appellants paid the arrears of rent and consequently the ground of default was deleted by the plaintiffs and the suit went to the trial on the ground of reasonable and bona fide necessity of the l...
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