Rajasthan Court July 1976 Judgments
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Saremal Ratanchand Vs. Juhar Mal Bhabutmal
Court: Rajasthan
Decided on: Jul-12-1976
Reported in: AIR1977Raj85; 1976(9)WLN332
S.N. Modi, J.1. This is a tenant's second appeal against the judgment and decree passed by the Additional District Judge. Sirohi, dated December 20. 1972, upholding the decree passed by Munsiff, Sirohi, dated December 23, 1971.2. The suit, out of which this appeal arises, was brought by the respondent-landlord against the appellant-tenant, on October 13, 1969, for the recovery of arrears of rent and ejectment from the suit premises. The grounds on which the eviction was sought were three-fold. Firstly, that the defendant had committed default in payment of rent for six months; secondly, that the landlord required the suit premises reasonably and bona fide for his personal use; and thirdly, that the tenant had sub-let a part of the demised premises without the permission of the landlord. The defendant resisted the suit. The trial court decreed the suit for eviction solely on the ground that the tenant had sub-let a part of the premises to one Moolchand without the premission of the land...
Babulal Vs. the State of Rajasthan and ors.
Court: Rajasthan
Decided on: Jul-08-1976
Reported in: 1976WLN(UC)221
Rajindar Sachar, J.1. This is a petition under Article 226 challenging the action of the respondents in seeking to realise Rs. 25,684/- from the petitioner by resorting to Section 256 of the Rajasthan Land Revenue Act (herein after called as 'the Act').2. The Government of Rajasthan invited tenders for the transportation of food grains during the famine year 1968-69, but no tender was received for Shergarh Tehsil. The petitioner's case is that be was asked by Mr, J. P. Chandnani, the then Additional Collector, to do the work of transportation at the old rate and he thereupon agreed to do so. The respondents however state that no such request was made to him, rather the petitioner himself applied as per his letter the 17th September, 1968 (Ex. 1) in which he offered to transport the food grains to Shergarh Tehsil at the old rate of 1967 during which period he had also worked. For the present controversy it is really net material under what circumstances the petitioner happened to transp...
Ved Prakash Vs. Anand Prakash
Court: Rajasthan
Decided on: Jul-08-1976
Reported in: 1976WLN(UC)246
S.N. Modi, J.1. This is an appeal by the defendant-tenant against the judgment of the District Judge, Kota, dated November 18, 1972 in a suit for ejectment.2. The eviction of the defendant-appellant from the f tilt premises was sought on the ground of his having constructed his own house in the same city. The issue that was tried was 'whether the defendant had constructed his own house in Kota and in this way the defendant is in possession of a vacant house for residential purpose and on this ground, the plaintiff U entitled to eject the defendant.' It is not in dispute that the defendant bad taken a loan from the Government under the Law Income Group Housing Scheme and constructed a house in Bhimganj Mandi, Kota. It was found by the appellate court that the defendant had constructed the new house and he had also resided in that house for some time. It was further found by the appellate court that after some time, the newly constructed house was let out to one Malhotra for Rs. 270/- pe...
Union of India (Uoi) Vs. Mohan Lal
Court: Rajasthan
Decided on: Jul-05-1976
Reported in: 1976WLN(UC)249
S.N. Modi, J.1. This second appeal by the defendant Union of India is directed against the appellate judgment of the Additional District Judge, Ajmer, dated September 9, 1974, reversing the decree of the trial court, which dismissed the suit.2. The admitted facts of the case are that the plaintiff respondent was a Railway employee during the relevant period and was working as Class IV relevant in the Western Railway. He was a confirmed permanent Class IV employee. The plaintiff was convicted on a criminal charge under Section 324 I.P.C by the Additional Munsiff Magistrate, Ajmer, on July 31, 1965, and was sentenced to pay a fine of Rs. 250/-, or in default of payment of fane to undergo rigorous imprisonment for three months. On March 2, 1967, the Divisional Electrical Engineer, Western Railway, Ajmer, removed the plaintiff from service with effect from March 3, 1967. The order of removal is Ex. 3 on the record and it reads as under,-'NoticeWhereas Shri Mohan Lal, Khallasi, T. No. 8059 ...
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