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Rajasthan Court February 1979 Judgments

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Feb 05 1979

The State of Rajasthan Vs. Raghuveer Singh and ors.

Court: Rajasthan

Decided on: Feb-05-1979

Reported in: 1979WLN516

Chinnappa Reddy, J.1. The State of Rajasthan, defendant in Civil Suit No. 9 of 1963 in the Court of the Senior Civil Judge, Udaipur, is the appellant in this appeal filed pursuant to a certificate granted under Article 133(1)(a) of the Constitution of Lodia (as it stood prior to the 30th amendment). The plaintiff respondent took a building work on contract from the (sic) while Government of the State of Udaipur. He completed the work on 6th June, 1950 Despite demands and notices issued by the plaintiff a considerable amount due to him remained unpaid. He, therefore, filed the suit out of which the appeal arises to recover a sum of Rs. 3,19,458/11/- together with interest at the rate of 12%. The suit was contested by the State of Rajasthan. An interim decree for a sum of Rs. 66,517/- was passed on 7th November, 1955. After full trial a decree for Rs. 1,67,619/- (including the sum of Rs. 66,517/- for which a preliminary decree had already been passed) was passed on 11-6-1958/30-6-1958. T...


Feb 01 1979

Rajendra Prasad and anr. Vs. Girdharilal

Court: Rajasthan

Decided on: Feb-01-1979

Reported in: 1979WLN95

S.K. Mal Lodha, J.1. This is a revisional application under Section 115 C.P.C., by the decree-holders against the order of the learned District Judge, Bikaner dated March 6, 1974 by which he set aside the order dated October 4, 1913 passed by Munsif, Bikaifer in Execution Case No. 105 of 1972 by which the objection of the judgment-debtor with regard to the excitability of the decree was dismissed.2. The decree-holders-petitioners obtained a decree against the non-petitioner-judgment-debtor for arrears of rent and ejectment. The non-petitioner preferred an appeal in which a compromise was arrived at between the parties. As a result of the compromise, the decree passed by the learned Munsif was modified and the compromise was made part of the decree. It may be stated here that the landlords-petitioners sought ejectment on the ground of default in payment of rent The term's of the decree, which arc ?relevant for the disposal of this revision, are these.The appeal of the appellant is parti...


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