Rajasthan Court January 1977 Judgments
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Rooplal Vs. Sangram Singh
Court: Rajasthan
Decided on: Jan-07-1977
Reported in: 1977WLN(UC)456
A.P. Sen, J.1. This is a special appeal directed against the order of P.N. Shinghal J., in S.B. Civil Regular Second Appeal No. 332 of 1963 dated 6-8-1969 for the return of the plaint under Order 7 Rule 10 of the Code of Civil Procedure.2. The suit out of which this appeal arises, was filed by the appellant Rooplal, as plaintiff for declaration that the Sale-Deed dated 18-8-1951 (exhibit 2) executed by his father Bhooralal of certain lands which constituted joint family property, was not made for legal necessity or for the payment of any antecedent debt and was, therefore, not binding on him; & for possession thereof. The finding of the courts below that the impugned sale was not for legal necessity or for payment of any antecedent debt was not challenged before the learned Single Judge. That being so, the learned Single Judge held the sale to be void ab initio. He was of the view that the substantive relief which the plaintiff claimed was, in fact, for delivery of possession of the la...
Ram Kumar and ors. Vs. Additional Registrar Co-operative Societies
Court: Rajasthan
Decided on: Jan-05-1977
Reported in: 1977WLN(UC)3
M.L. Joshi, J.1. This is a writ petition under Article 226 of the Constitution of India by the petitioners whereby they have prayed for quashing the order of the Assistant Registrar Annexure 8 and that of the Additional Registrar Ex. 9 dated 28th of March, 1975 and 5th of April, 1976 respectively.2. The facts giving rise to this writ petition briefly stated are as follows : At all relavant times the petitioner Ram Kumar was the member of the Executive Committee of the Nagaur Swarnkar Namak Utpadak Sahkari Samiti. The petitioner No. 2 Smt. Hira Devi was the ordinary member of the Sahkari Samiti and petitioner No. 3 Fateh Chand was its President, The petitioner No. 4 was the Treasurer of the said Sahkari Samiti. At that time Mohanlal the respondent No. 4 was the Secretary of the said society. It appears that there were rival groups in the society and each one was making a bid to remove the members of the other side. On 30th of June, 1974 vide Ex. 3 petitioners were removed from the membe...
Amarjeet Singh and anr. Vs. Mst. Bhagwan Kaur and ors.
Court: Rajasthan
Decided on: Jan-05-1977
Reported in: 1977WLN(UC)1
S.N. Modi, J.1. This petition in revision arises out, of a suit for possession and cancellation of certain sale deeds relating to agricultural lands. The defendants contested the suit on the ground inter, alia that the suit was not triable by the civil court but was triable by the revenue court. One of the issue framed by the trial court reads as under:Whether the suit is not triable by the civil court but is triable by the revenue court.The Additional District Judge, Sri Ganganagar, in whose court the suit is pending, decided the about issue in favour of the plaintiffs on 19-5-71, but subsequently on 18-4-72 an application was moved on behalf of the defendant under Order 47 Rule 1 and Section 151, C.P.C. for reviewing the aforesaid order dated 19-5-71. The learned Additional District Judge allowed this application and recalled his earlier order dated 19-5-71 and held that the civil court has no jurisdiction to try the suit. It against this order that this revision petition has preferr...
Smt. Jethi Vs. Raman Lal and ors.
Court: Rajasthan
Decided on: Jan-05-1977
Reported in: 1977WLN(UC)120
S.N. Modi, J.1. This is a petition in revision directed against the order of the District Judge, Bikaner, dated August 1, 1974 where by he recast issue No. 11 and sent the case back to the trial court for recording evidence of the parties on the recast issue No. 11 and give its finding thereon within three months.2. The suit, out of which this revision petition arises, was filed by the petitioner Smt. Jethi for poraession of a house. She alleged that she was the owner of one-ninth share in the house. She claimed the possession of remaining eighth ninth share by way of pre-emption The suit was contested by Inder Chand who had purchased the house from Shankerlal son of Gangadas. According to the contesting defendant, the house exclusively belonged to Gangadas and he transferred it by 'tamliknama' or deed of settlement dated January 18, 1955. This 'tamliknama' was got registered on January 20, 1955,3. On pleadings of the parties, several issues were framed. Issue No. 11 ran as follows,:D;...
Teju and ors. Vs. Board of Revenue and ors.
Court: Rajasthan
Decided on: Jan-04-1977
Reported in: AIR1978Raj16
Sachar, J. 1. This writ petition challenges the impugned order of the Board of Revenue dated September 26, 1972 by which it held that the appeal of the petitioners has abated in entirety.2. Plaintiff respondent filed a suit against the present petitioners and some other defendants on the allegation that the petitioners had forcibly occupied the land which the plaintiffs clairn in their ownership. The disputed land was comprised in three Khatas, namely, Khata No. 116/1, Khata No. 117 and Khata No. 122-1. The defendants in their reply denied that they had forcibly occupied the land. On the contrary, they pleaded that they were in occupation of the separate pieces of land for a number of years. In the written statement, the possession of different defendants to different numbers was separately mentioned as being in their possession since long. The trial Court by its judgment dated April 20, 1956, dismissed the suit. The appellate Court accepted the appeal and remanded the case. However, t...
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