Rajasthan Court March 1974 Judgments
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Shankerlal Vs. Union of India (Uoi)
Court: Rajasthan
Decided on: Mar-12-1974
Reported in: 1974WLN112
C.M. Lodha, J.1. This it a plaintiff's appeal arising out of a suit for declaration that the order of Divisional Engineer, Telegraphs. Ajmer Division Ajmer dated 12.7.1960 marked Ex. 13 terminating the plaintiff's service is void and that he still continues in the service and is entitled to all the benefits thereof. A money decree for Rs. 5853.72 paisa was also prayed for on account of arrears of pay and allowances for the period commencing from 12.7,1960 upto the date of the suit, i. e. 12.9.1963.2. The facts of the case lie within a narrow compass. The plaintiff was appointed as officiating clerk on a temporary basis in an existing vacancy by an order dated 24.41954 (Ex. 1) He was declared successful in the examination (prescribed for clerks and R.M.S. Sorters before being declared quasi-permanent or confirmed) by an office order dated 11.2.1960 (Ex 2) On 25 4.1960 a notice was issued to the plaintiff by the Sub-Divisional Officer, Telegraphs, Bikaner Sub-division, Bikaner to show ca...
Shyam Sunder and ors. Vs. the State of Rajasthan
Court: Rajasthan
Decided on: Mar-12-1974
Reported in: 1974WLN527
K.K. Mathew, J.1. This is an appeal, by special leave, against the judgment and decree of the High Court of Rajasthan, setting aside a decree for recovery of damages under the Fatal Accidents Act, 1855 (hereinafter referred to as the Act).2. Navneetlal was a resident of Udaipur. He was in the employment of the state of Rajasthan and was, at the material time, working in the office of the Executive Engineer, Public Work Department, Bhilwara as a Store Keeper. In connection with the famine relief work undertaken by the department he was required to proceed to Banswara. For the purpose, he boarded truck No RJR-131 owned by department from Bhilwara on May 19, 1952 & reached Chittorgarh in the evening. Besides himself the there were Fateh Singh, Fundilal and Heera Singh, the driver, clearner and a stranger in the truck. On May 20, 1952, they resumed the journey from Chittorgarh at about 11 A M. and reached Pratapgarh in the same evening. The truck started from Pratapgarh to Banswara at abou...
Babulal and ors. Vs. Kanhaiyalal
Court: Rajasthan
Decided on: Mar-11-1974
Reported in: AIR1975Raj136
C.M. Lodha, J.1. This is a defendant's second appeal arising out of a suit for arrears of rent and ejectment.2. The plaintiff-respondents' case as set out in the plaint is that the premises in question which consist of a shop and a Medi, situated in village Deoli were rented out to the defendant Chiranjilal (who is now dead and represented by his legal representatives Babulal and others appellants) by one Gadmal receiver of the firm Daulatram Chandanmal on Kartik Sudi 1, S. 1998 on a monthly rent of Rs. 5/4/-. It is further alleged that the partition commissioner of Ladha's estate, appointed by the Calcutta High Court sold the premises in question to Chhajulal Banshi Lal by a registered sale deed dated 6-2-1947 and Chiranjilal attorned in favour of the vendees Chhajulal Banshilal. The plaintiff goes on to state that since Chiranjilal did not pay rent to Chhajulal Banshilal, the latter filed a suit in the Court of Sub-Judge, Kekri for arrears of rent amounting to Rs. 172/10/- and the sa...
Pratap Singh Vs. Union of India (Uoi) and anr.
Court: Rajasthan
Decided on: Mar-11-1974
Reported in: 1974WLN505
D.P. Gupta, J.1. The facts of this case lie in a narrow compass. The petitioner was selected for the post of Sub-Inspector Grade II in Railway Protection Force, Western Railway in August, 1966. He was called upon to under go a training for the period of 15 months and also to execute a bond dated September 20, 1966 The leraned Counsel for the parties are agreed that Ex. R/1 may be taken to be the correct copy of the bond. After undergoing training, the petitioner was appointed as the Sub-Inspector on probation for a period of two years vide order Ex R/3 dated November 25, 1967 with effect from November 1, 1967 The petitioner's case is that Shri Chandgi Ram, Inspector Railway Protection Force was transferred sometime in April, 1968 and Shri Madan Gopal took over charge of the said post as the immediate senior officer of the petitioner and he bore malice and ill-will against him and made certain false reports against him as a result of which the Security Officer, Ajmer gave him a notice d...
MartIn and Harris Pvt. Ltd. Vs. Prem Chand
Court: Rajasthan
Decided on: Mar-07-1974
Reported in: AIR1974Raj136; 1974(7)WLN140
Beri, C.J.1. M/s. Martin & Harris Private Limited is the tenant-defendant whose defence was struck off by the order of the learned Munsif, Jaipur City (West), by his order dated December 30, 1972, under Section 13 (61 of the Rajasthan Premises (Control of Rent & Eviction) Act, 1950 (hereinafter called 'the Act'). Feeling aggrieved by that order the tenant moved a revision-application before this Court. Kan Singh. J., who heard the matter, on examination of the decided cases came to the conclusion that there was a conflict in the reported decisions of this Court and he has therefore, referred two Questions for the opinion of a larger Bench.2. In order to appreciate the background, in which these two questions arise, it will be relevant to recall the broad facts of the case. The tenant took on lease a portion of the premises called 'Khinduka Bhavan' situate in New Colony, Jaipur, for three years, by means of a registered lease-deed dated August 1, 1963, on a monthly rent of Rs. 200/-. An...
Banwarilal Sharma Vs. Ram Swaroop
Court: Rajasthan
Decided on: Mar-05-1974
Reported in: AIR1974Raj178; 1974(7)WLN192
Gupta, J. 1. The plaintiff, who claims to be the owner of the premises consisting of a room and a tin shed situated in 'C' Scheme in the city of Jaipur, alleged that he had let out the premises to the defendant on April 1, 1957, on a monthly rent of Rs. 4/- and a rent-deed was executed in respect of this tenancy by the defendant in favour of the plaintiff on April 1, 1957. As the defendant did not make payment of the rent from August 1, 1962, the plaintiff filed a suit on August 27, 1965, in the Court of Judge. Small Causes, Jaipur City, for the recovery of Rs. 144/- as arrears of rent @ Rs. 4/- per month and Rs. 9/- as house tax, in all for Rs. 153/-.2. The defendant resisted the suit and denied the execution of the alleged rent deed by him in favour of the plaintiff and also took the defence that the alleged rent-deed was an unregistered document and as such was inadmissible in evidence for want of registration. TheJudge, Small Cause, Jaipur City, by his order dated March 3, 1966 hel...
Rafeeq and ors. Vs. the State of Rajasthan
Court: Rajasthan
Decided on: Mar-05-1974
Reported in: 1974WLN214
B.P. Beri, C.J.1. The above mentioned three revision-applications are directed against the judgment of the learned Additional Sessions Judge, Gangapur City, dated December 18, 1972, whereby he maintained the conviction and sentence of all the three applicants before me as awarded by the learned Additional Munsif-Magistrate, Karauli.2. The facts which it is necessary to recall for the purposes of disposing of these petitions briefly stated are these. In between the night of 23rd and 24th of March, 1971. two idols which where fitted in the 'Chhatri' of Gopalji at Keladevi and pictures of Keladevi and Madan Mobanji were stolen from Kela Devi temple. The matter was reported in the police. In course of the investigation, accused Kherati alias Pappal gave information that he had given the tools to one Aziz, the applicant before me, and Rafeeq and Shabbir also gave information to the police that the pictures were given by them to Aziz. On such information having been received by the police un...
The Mahalaxmi Tent Factory, Jodhpur Vs. Kamla Devi and ors.
Court: Rajasthan
Decided on: Mar-04-1974
Reported in: AIR1975Raj13; 1974(7)WLN295
ORDERP.N. Shinghal, J. 1. These revision petitions relate to the validity of the amendments which have been made in Orders XVIII and XXVI of the Code of Civil Procedure, hereinafter referred to as 'the Code', by Notification No. 3/S. R. O./S. O. 119 dated November 29, 1973, published in the State Gazette, extraordinary, dated December 1, 1973. The learned counsel for the petitioners has advanced his arguments in all these petitions together, and I shall dispose them of bv a common Judgment as suggested by him. 2. It has been argued by the learned counsel that Rule 5 of Order XVIII of the Code forms a part of the body of the Code, and that the new Rule 19 of that Order, which has been inserted by the aforesaid notification, is invalid as it is inconsistent with that rule. The argument has been based on the provisions of Section 128(1). 3. Section 121 deals with the effect of the rules in the First Schedule of the Code. It provides that the rules (in the First Schedule) 'shall have effec...
Smt. Barkat Bai Vs. Bhanwarlal
Court: Rajasthan
Decided on: Mar-04-1974
Reported in: AIR1975Raj32; 1974(7)WLN217
C.M. Lodha, J. 1. This is a defendant's appeal arising out of a suit for ejectmentand arrears of rent in respect of the ground floor (except a shop) of a building known as 'Kothar Building' situated in the town of Jhalawar near the southern gate of the fort. 2. The plaintiff-respondent's case as set out in the plaint was that the building in question belonged to Raj-mata Smt. Mahendra Kumari of the erstwhile State of Jhalawar and had been gifted to him by a gift deed D/- 15-4-1958 registered on 15-5-1958. The defendant had been occupying the premises in dispute, admittedly from before the alleged gift on a monthly rent of Rs. 3.50 np. The plaintiff alleged that rent for the period from 15-5-1958 to 30-9-1958 amounting to Rs. 15.75 had been remitted to him by money order (Ex. 25). and he claimed a decree for arrears of rent from 1-10-1958 to 28-2-1959 for a period of 5 months Rs. 17.50 np. and damages for the month of March 1959 Rs. 3.50. total Rs. 21/-. He further alleged that the prem...
Bhagwati Lal and ors. Vs. Bhorelal and ors.
Court: Rajasthan
Decided on: Mar-01-1974
Reported in: AIR1974Raj225; 1974(7)WLN232
C.M. Lodha, J.1. This appeal raises an interesting question ,as to the interpretation of Section 4(1) of the Partition Act (IV of 1893) (which will hereinafter be referred to as 'the Act').2. Plaintiff Moola and defendants Nos. 1 and 2 Potu and Loharey were members of an undivided family. Moola's father Bholuram and defendants Potu and Loharey's father Kundan were first cousins. The family owned a house in Karauli. Moola had half share and Potu and Loharey had jointly half share in the house. Defendants Nos. 1 and 2 mortgaged their undivided half share with Fakiralal and Ghisiya Lal for a sum of Rs. 1,500 by a registered mortgage deed dated 17-5-1967. The whole of the house was, however, in possession of Gannulal and Devilal whom it had been rented out, about 10 years prior to the mortgage, Plaintiff Moola filed the present suit in the Court of Munsiff. Karauli on 22-1-68 for partition and separate possession of his half share in the house. On 16-3-1968, defendants Nos. 1 and 2 redeeme...
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