Rajasthan Court January 1974 Judgments
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Buddha Vs. Mangal and anr.
Court: Rajasthan
Decided on: Jan-10-1974
Reported in: 1974WLN(UC)164
C.M. Lodha, J.1. This is a plaintiff's second appeal in a suit for possession of an open piece of land described as 'Gwara', situated in village Anandpur Tehsil Behror.2. The plaintiff based his case on title and the defendants in their written statement asserted their own title and possession over the land. Both the parties relied on oral evidence. The trial court accepted the plaintiff's evidence regarding possession supported by a rough sketch Ex. 1, alleged to have been prepared by the Pastwari at the time of grant of the land to the plaintiff by the erstwhile Thikana Neemlan of the former State of Alwar, and decreed the plaintiff's suit. The learned first appellate court held that the oral evidence was not at all sufficient to prove either title or possession of the plaintiff over the land in dispute and the sketch Ex. 1 was of no evidentiary value in as much as it neither bore the seal of the Thikana, nor there was any thing in it to show that the land bad been granted by the Thi...
Bhag Chand Panju Ram and anr. Vs. Smt. Snehlata and ors.
Court: Rajasthan
Decided on: Jan-10-1974
Reported in: 1974WLN36
D.P. Gupta, J.1. These two appeals arise out of a motor accident, which took place on May 3, 1966 Shri Rajbahadur Singh reached Kota Junction on the fateful morning by train and took a cycle rickshaw from the railway station to go to Bundi bus stand at Kota in order to catch the bus for Bundi. He had been selected at a competitive examination for the Rajasthan Judicial Service, occupying the fifth position and after undergoing the necessary training at Alwar, he was posted as Munsiff-Magistrate, Bundi. It was his first assignment in the State service and he was to join his duties as a Munsiff-Magistrate on May 3, 1966, at Bundi. But destiny willed otherwise and while the rickshaw in which Shri Rajbahadur Singh was sitting, was proceeding from Brij Talkies crossing on the slope leading towards the Bundi bus stand, a passenger bus, bearing registration No. RJR 915 came from behind. The bus collided in the first instance with Jeep No. DLJ 1329, which was at that time parked towards the le...
Badri Prasad Vs. Jai NaraIn and ors.
Court: Rajasthan
Decided on: Jan-09-1974
Reported in: 1974WLN(UC)276
Kansingh, J.1. This is plaintiff's second appeal arising out of a suit for injunction and for demolition of certain construction made by the defendant respondents over a passage between the respective houses of the parties.2. The plaintiff averred that there was a 'Chowk' between the houses of the parties and the defendants Nos. 1 to 5 had unlawfully made an extension in their premises thereby encroaching the passage. The alleged encroachments were shown in the map Ex. 2 by red colour. Their measurements were mentioned in para 4 of the plaint. The defendants Nos. 1 to 4, who filed a joint written statement, denied to have made any encroachments. On the other hand, they claimed that the land exclusively belonged to them though they made a concession that the plaintiff had an easementary right of passage over their land.3. The principal issue that came up for decision before the learned Munsif, before whom the suit was filed, was about the alleged encroachment by the defendants over the ...
Bherulal and Co. Vs. the Rajasthan State Road Transport Corporation an ...
Court: Rajasthan
Decided on: Jan-08-1974
Reported in: AIR1974Raj84; 1974(7)WLN1
ORDER1. This is a motion for contempt of Court. 1-A. The petitioner had filed a writ petition which was No. 457 of 1973 in this Court challenging certain schemes under Section 68-C of the Motor Vehicles Act, 1939. He also moved a stay application along with the writ petition. The stay application was heard on 16-4-73 by a Single Bench of this Court presided over by Jain. J. Jain J. passed a detailed order granting stay in favour of the petitioner restraining the respondents from giving effect to the impugned schemes as also staying the hearing of certain objections by the Deputy Legal Remembrancer. Jain, J. further ordered that having regard to the urgency of the case the case along with connected writ petitions be listed for hearing on 9-7-73. Thereafter the respondents in the writ petition moved for reconsideration of the stay matter, but their prayer was rejected by Jain J. on 8-5-73. On 4-7-73, an application was moved before Hon'ble the Chief Justice for and on behalf of the Rajas...
Mirza Mahmood Beg Vs. Jeevan Lal and ors.
Court: Rajasthan
Decided on: Jan-08-1974
Reported in: 1974WLN(UC)19
C.M. Lodha, J.1. The subject matter of dispute in this appeal consists of two plots of agricultural, situated in village Rajodiya, Tehsil (sic). Rao Raja Ramnath Singh agreed to sell the land in question to the plaintiff-respondents Jeevanlal and Bhagwati (brothers) for Rs. 8000/- by a document dated 9.9 65 marked Ex. 1 on the record The plaintiffs case is that a part of the sale price, i.e. Rs. 660/- were piid to Ram Raja Ramnath Singh prior to 9.9.1965 and Rs. 1000/- were pard on 9.9.1965 at the time of execution of Ex. 1, & it was fur her agreed that the balance of the sale price, i.e. Rs. 400/- would be pard before getting the sale deed registered. The plaintiffs allegation is that even though the sale deed was not got registered the vendcr Ramnath Singh nevertheless handed over the possession of the land to them. But, subsequently their allegation is that the appellant Mirza Mahmood Bag started interfering with their possession over the land in dispute as a result of which proceed...
State of Rajasthan Vs. Laxman Singh and anr.
Court: Rajasthan
Decided on: Jan-08-1974
Reported in: 1974WLN(UC)61
J.P. Jain, J.1. This is an appeal by the State of Rajasthan against an order of the Special Judge for Rajasthan, Jaipur City, whereby the proceedings in the special criminal case No. 13/1971 (6/1968) against the three respondents were quashed and they were discharged for want of sanction Under Section 196A, Cr.P.C.2. This case has a chequered history but it is not necessary for us to trace it from the date the proceedings originated. It is enough to state the facts in short and from the time the three respondents, (1) Shree Laxman Singh Deputy Superintendent of Police, (Wireless Deptt.) Jaipur; (2) Shri Mahesh Chandra Sharma, Assistant Inspector Wireless Departrmnt, Jaipur during the relevant period, and (3) Shri Ram Prakash Agarwal Proprietor, Messrs Radionics, M.I. Road, Jaipur were put up on trial before the Special Judge Jaipur City, Jaipur for various offences. The learned Special Judge, Jaipur City by his elaborate order dated 24-9-68 examined the allegations made in the charge-s...
Nagar Palika, Rajgarh Vs. Prabhu Dayal
Court: Rajasthan
Decided on: Jan-07-1974
Reported in: AIR1974Raj87
C.M. Lodha, J. 1. The respondent Prabhu Dayal filed the suit out of which this appeal arises for recovery of Rupees 2,000/- on account of his salary for the period commencing from October 1959 to March 1963. The suit was filed on 27-4-1963. 2. The only point on which the suit was resisted was that since the suit had been filed after more than six months of the accrual of the cause of action, it was barred by limitation. In other words, a special period of limitation was pleaded as provided in Section 271 of the Rajasthan Municipalities Act, 1959, though the section as such was not mentioned in the written statement. The trial court came to the conclusion that the suit for arrears of salary for the period of three years prior to the date of filing of the suit was within limitation and passed a decree for the same. 3. Aggrieved by the Judgment and decree by the trial court the defendant Municipal Board, Rajgarh filed appeal but the same was dismissed. Hence this second appeal by the defe...
Satnam Singh and anr. Vs. Jagar Singh and ors.
Court: Rajasthan
Decided on: Jan-07-1974
Reported in: 1974WLN(UC)12
S.N. Modi, J.1. This is an appeal against the judgment and decree of the Additional District Judge, Ganganagar, dated 8-10-71 decreeing the plaintiffs' suit for specific performance of the contract dated 22-1-65 and the contract dated 4-2-66.2. Shorn of all details, the relevant fasts necessary for the disposal of this appeal are as follows: On 22-1-65 Pathanasingh entered into an agreement to sell 9 bighas of land situated in Chak 4 HMH to the plaintiff respondents for a sum of Rs. 10,350/- and received a sum of Rs. 500/- as earnest money. This agreement was subsequently registered and a further sum of Rs. 7850/- was paid to the vendee at the time of the registration of the agreement. The remaining amount of Rs. 2000/- was paid to the vendor on 9-6-65. On 4-2-66 Pathanasingh entered into another agreement to sell six bighas of land situated in the same Chak for a sum of Rs. 8400/-. The sale-price of this agreement was also paid in full as in the case of the first agreement. One of the...
Mohanlal Vs. Megharam and anr.
Court: Rajasthan
Decided on: Jan-07-1974
Reported in: 1974WLN(UC)17
S.N. Modi, J.1. This is a first appeal against the judgment and decree of the Additional District Judge, Churu, in a suit for recovery of money.2. The plaintiff-respondent Megharam filed a suit against the appellant Mohanlal and his younger brother Ramchander, respondent No. 2, for recovery of Rs. 10,000/- on the bass of a promissory note dated 18.7.66. It was alleged in the plaintiff that defendants Mohanlal and Ramchander are real brothers and they carried on business jointly in the name and style of Mohanlal Ramchander at Derasar. Defendant Ramehar oder on 18. 7. 66 took a loan of Rs. 10,000/- from the plaintiff on behalf of both the defendants and executed a promissory note and also a receipt which are on the record as Ex. 1 and Ex. 2 respectively. The two defendants Mohanlal and Ramchander filed separate written statements. Both of then denied that they lived jointly. Ramchander admitted having executed the pronote and the receipt but pleaded repayment Mohanlal denied his liabilit...
Khuda Buksh Vs. Shiv Dutt and ors.
Court: Rajasthan
Decided on: Jan-07-1974
Reported in: 1974WLN(UC)275
C.M. Lodha, J.1. This is a plaintiffs' second3 appeal arising out of a suit for redemption of a house situated near Sodagaron-ki-Masjid in the city of Jodhpur.2. The plaintiffs' case as set in the plaint was that their ancestors mortgaged the house in question in samwat Year 1938 in the month of Srawan for a sum of Rs. 110/- 'Bijai sahi' in favour of the defendants' ancestors. It was prayed that a decree for possession of the house by redemption may be granted on payment of Rs. 90/- equal to Rs. 110/- 'Bijai Sahi' coin prevalent in the former State of Jodhpur. The alleged mortgage was denied by the defendants, and they also pleaded bar of limitation.3. After recording the evidence produced by the parties the trial court dismissed the suit, and its judgment and decree were upheld by the learned District Judge, Jodhpur. Hence this appeal.4. It may be stated at the very outset that this appeal does not involve any question of law. The only question for decision is whether the mortgage set...
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