Rajasthan Court July 1994 Judgments
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Askaran Vs. Madan Lal
Court: Rajasthan
Decided on: Jul-04-1994
Reported in: AIR1995Raj130
Milap Chandra Jain, J. 1. This appeal has been filed against the order of the learned District Judge, Bikaner dated March 25, 1992 by which he has dismissed the plaintiff-appellant's application moved under Order 39, Rules 1 and 2 and Section 151, C.P.C. for adinterim injunction, seeking stay of the execution of the decree passed in suit No. 95/87 against him on 10-9-87.2. On May 18, 1991, the plaintiff-appellant has filed a suit for declaration and redemption against the defendant-respondent in the Court of the District Judge, Bikaner with the averments in short, as follows: He was in need of some money. He approached the defendant to lend it. He told him (plaintiff) that he had to mortgage his house but a sale-deed and a rent-note have to be executed for it in his favour instead of a mortgage-deed. Accordingly, he executed a sale-deed showing sale consideration of Rs. 10,000/- and rent-note showing monthly rent @ Rs. 150/-. The defendant also executed a document agreeing to resell th...
Kavita Gupta Vs. Vinod Kumar Gupta
Court: Rajasthan
Decided on: Jul-04-1994
Reported in: II(1994)DMC457
N.C. Kochhar, J.1. The petitioner No. 1 is the wife of the respondent, Shri Vinod Kumar Gupta, and the petitioner No. 2 is his son, aged about 9 years. The filed a petition under Section 125 of the Code of Criminal Procedure ('the Code'), before the learned Judge, Family Court, Jaipur, for grant of maintenance on the ground that they were unable so maintain themselves and that the respondent was having sufficient income, besides his residential house and bad neglected to maintain them. It was prayed that the petitioner No. 1 be granted maintenance at the rate of Rs. 1,000/- per month and the petitioner No. 2 be granted maintenance at the rate of Rs. 700/- per month. On receipt of the notice, the respondent contested the petition.2. After recording the evidence produced by the parties and hearing their learned Counsel, the learned Trial Court held that the respondent had neglected to maintain the petitioners and that his income from salary was Rs. 2,470/- p.m., but that the petitioners ...
Firm Khetsi Dass Sheoji Ram, Sardarshahar and ors. Vs. Mohani Devi and ...
Court: Rajasthan
Decided on: Jul-04-1994
Reported in: 1994(2)WLC551; 1994(2)WLN126
Milap Chandra Jain, J.1. This revision petition has been filed by the tenant against the order of the Civil Judge, Churu dated February 19, 1994 by which he has allowed the appeal and set aside the order of the Munsiff, Sardar Shahar dated October 07, 1985 fixing provisional rent @ Rs.400/- p.m. Under Section 7, Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (for short 'the Act') and has fixed provisional rent at the agreed rate of Rs.700/- per month.2. The facts of the case giving rise to this revision petition may be summarized thus. In the year 1983, the plaintiff- non-petitioners M/s Khetsidas Sheoji Ram and its two partners (tenants) filed a suit for fixation of standard rent Under Section 6 of the Act against the defendant-non-petitioners (landlords) with the averments, In short, that on May 05,1979, the suit shop was taken on monthly rent of Rs.700/-, it is exorbitant and excessive and the prevailing rent of the neighbouring shops ranges in between Rs.100-150/- p.m....
Ganga Ram and anr. Vs. Kanti Lal
Court: Rajasthan
Decided on: Jul-04-1994
Reported in: 1995(2)WLC112; 1994(2)WLN108
Milap Chandra Jain, J.1. This miscellaneous appeal has been filed against the order of the learned Additional District Judge No. 1, Udaipur dated October 25, 1993 by which he has allowed the appeal and set aside the judgment of the learned Additional Civil Judge No. 3, Udaipur dated November 9, 1989, decreeing the suit for arrears of rent @ Rs. 165/- per month with effect from October 15, 1975 with interest @ 6% p.a. and directing the adjustment of the amounts deposited in the court and the amount of Rs. 16,439.05 spent in construction by the defendant-appellants.2. The facts of the case giving rise to this appeal may be summarised thus. On October 4, 1977, the plaintiff-respondent filed a suit for the recovery of arrears of rent and ejectment against the defendant in respect of the suit shop situated in the town of Salumbar (Udaipur) with the averments, in short, that the suit shop is in possession and tenancy of the defendants on monthly rent of Rs. 265/-, they have not paid rent fro...
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