Rajasthan Court September 1975 Judgments
Moti Lal and ors. Vs. Sardar Mal and ors.
Court: Rajasthan
Decided on: Sep-08-1975
Reported in: AIR1976Raj40; 1975()WLN831
Kalyan Dutta, J. 1. This second appeal to directed against the judgment and decree of the learned District Judge, Jodhpur, dated 8th July, 1966 by which the two appeals NOS. 25 of 1962 and 131 of 1962, filed by the defendants against the preliminary decree and the final decree passed in a suit for redemption by the Additional Civil Judge, Jodhpur, were dismissed with costs and the cross-objections filed fey Sardar Mal and has son Sudan Mal were partly accepted and the amount of mesne profits at the rate of Rs. 60 p.m. with effect from the date of final decree till the date of tine judgment of the learned District Judge, was added in the decree as payable by the defendants to the plaintiffs. 2. The relevant facts giving rise to the suit for redemption, out of which this appeal arises, may be described as follows :-- 3. Sardar Mal and his son Surjan Mal filed a suit for redemption of a shop in dispute situated in Sire Bazar. Jodhpur, on the basis of a mortgage-deed (Ex. 25) executed by M...
Tag this Judgment!Gyan Chand Vs. Kunjbeharilal and 3 ors.
Court: Rajasthan
Decided on: Sep-06-1975
Reported in: 1975WLN(UC)351
S.N. Modi, J.1. This is a second appeal by one of the three defendants, namely, Gyanchand in a suit for eviction and arrears of rent.2. The relevant facts giving rise to this appeal are like this : There is a shop in Jaipur City Tripolia Bazar, Jully described into para No. 1 of the plaint. It belongs to the plaintiffs. This shop was let out to the appeallant and his two brothers Padamchand and Taracband on 1-9-61 at a monthly rent of 60/-. The plaintiffs served a notice of eviction under Section 106 of the Transfer of Property Act on the three tenants terminating their tenancy. The tenants did not vacate the suit premises. The plaintiff respondents therefore instituted a suit in the Court of the Munsif East, Jaipur City. They chaimed eviction of the three defendant tenants on three grounds-(1) that the defendant-tenants neither paid nor tendered rent for more than six month from Magh Sukhlal, Sat, 2021, (2) that the shop was required by the plaintiffs for their own use and occupation ...
Tag this Judgment!Kalulal and ors. Vs. Shri Mannalal and ors.
Court: Rajasthan
Decided on: Sep-05-1975
Reported in: AIR1976Raj108; 1975()WLN731
J.P. Jain, J. 1. The legal representatives of Shri Kishan original plaintiff have filed this appeal against the appellate decree dated August 20, 1974 of the Additional District Judge, Udaipur, affirming the judgment and decree of the Civil Judge, Udaipur, dated 12-4-67 passed in Civil Suit No. 80/1964.2. There is some property known as 'Talia' in Mouza Fatehnagar Tehsil Mavli. This property has been shown in the map Ex. 2 attached to the plaint. Shri Kishan plaintiff alleged that the property shown in pink colour towards the south of the 'Talia' had been constructed by him and a portion of the 'Talia' towards the north shown bounded by dotted red lines is lying vacant. But according to him the foundation in that part of the land has been dug and filled up to the plinth level. The land thus shown within red dotted lines, is the land in question. It measures approximately East-West 52' and 30' North-South. The plaintiff stated that he is the owner of the entire land and has been in poss...
Tag this Judgment!Shankar Lal Vs. Prem Sagar
Court: Rajasthan
Decided on: Sep-05-1975
Reported in: 1976CriLJ662; 1975()WLN476
ORDERP.D. Kudal, J.1. This is a criminal revision under Section 401, read with Section 397, Criminal P.C. against the order of the learned Additional Sessions Judge, Baran dated 14-4-1975, arising out of order dated 21-9-1974, passed by the learned Judicial Magistrate, Baran.2. The facts of the case, in brief, are that Truck No. RJG 418 initially belonged to Devi Lai D. W, 1, who later on transferred it in favour of Ishak Ali D. W. 2 for a sum of Rs. 33,501/-. The accused Shankar Lai advanced a part of this consideration, and Rs. 15,000/- were borrowed from the Fair Finance Company of Delhi under Hire Purchase Agreement. Ishak Ali was the hirer and Shankar Lai was the guarantor. The contention of the accused Shankar Lai was that he was the real owner of the truck, while Ishak Ali was only a 'benamidar.' Ishak Ali plied the truck for some time, and later on, on 16-6-1969, he delivered the truck to Prem Sagar, under an arrangement. The truck was involved in an accident near Nasirabad. Th...
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