Court : Punjab and Haryana
Decided on : Mar-16-1973
Reported in : AIR1974P& H64
ORDER1. The facts giving rise to this revision petition are these. Shrimati Indira Wati filed a suit for partition and accounts against Reghunath Sahai and Nathu Ram. A preliminary decree was passed in this case on 30th November, 1960. Dissatisfied with the same, the defendants filed an appeal in this Court, which was dismissed on 6th April, 1966. At the time of the preparation of the final decree on 29th November, 1966, a compromise was effected between the parties, under which in lieu of the claim made by the plaintiff, Rs. 10,000/- were paid to her in Court and it was agreed by the defendants that they would further pay Rs. 50,000/- in two instalments of Rs. 25,000/- each. The first instalment had to be paid on or before 31st December, 1966, and the other on or before 31st March, 1967. On that very date, the Court ordered that a court-fee stamp of Rs. 994/- for the preparation of the decree-sheet be supplied by the plaintiff. A stamp of Rs. 980/- was, however, produced before the Co...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Sep-14-1973
Reported in : AIR1974P& H124
1. The minor Rupinder Kaur, aged about 5 years, has been produced before me in Court today. She is properly dressed and appears to be in good health. Her present state of health could not possibly have been brought about since I passed my last order directing the production of the child in Court. I have questioned the child. She states that she is studying in a Government school in her village and that her mummy is looking after her. The father of the child is also present and assures me that he is discharging all his obligations towards the child as the father. He also assures me that his second wife is looking after the child properly.2. Shrimati Iqbal Kaur respondent is also present. She has produced before me album containing some photographs of a minor girl of about 1 to 3 years of age. As observed by the learned Guardianship Judge, it cannot be said with certainty that the photographs are of Kumari Rupinder Kaur. The respondent has not brought any small present for the child whic...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-16-1973
Reported in : AIR1974P& H52
ORDER1. This revision petition is directed against an order, dated 14th June, 1972, of the Subordinate Judge First Class, Rohtak, whereby he allowed the plaintiff to abandon his claim with regard to the non-agricultural property in suit, and also permitted the plaintiff to amend the plaint not only for deleting those portions that related to the abandoned claim, but also to state with clarity that the vendor was a profligate, etc., and the sale was effected without necessity. There is an observation in the impugned order to the effect that the plaint is rejected with regard to that part of the property in respect of which the claim had been abandoned by the plaintiff.2. Same material facts may be noted.3. The plaintiff is the son of Pt. Nand Lal. He claimed the usual declaration that the sale effected by his father and uncles in favour of the other defendants was void qua his rights as it was made without consideration and without any legal necessity. The sale in question embraced in i...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Aug-17-1973
Reported in : AIR1974P& H184
ORDER1. This petition for revision of the order dated the 2nd of June, 1973, passed by Shri V. K. Jain, Additional District Judge, Karnal, has arisen thus,. Murti Shri Krishan Maharaj (the respondent before me and hereinafter referred to as the idol) filed a suit against the three petitioners for possession of 75 Kanals 16 Marlas of land situated in village Bani, Tehsil Thanesar, District Karnal. The suit was decreed on the 12th of February, 1973. The idol took out execution of the decree and a warrant for the delivery of the land was issued by the Executing Court on the 15th of February, 1973. The warrant was executed on the 17th of February, 1973, when physical possession of an area measuring 10 Kanals 7 Marlas out of the disputed land was delivered to the idol. The rest of the area was under crop and symbolical possession thereof was delivered to the idol on the same day.2. On the 20th of February, 1973, the petitioners applied to the Executing Court for stay of execution. The order...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Nov-08-1973
Reported in : AIR1974P& H202
1. This regular second appeal has been filed by the plaintiff under the following circumstances:According to the fard jamabandi, copy Exhibit P-2, the parties are joint owners of khasra No. 27/27 having an area of 19 kanals. The land is described as gair mumkin ihata chah, Rangawala well. Karam Singh, the contesting defendant-respondent No. 1, owns a half share in the land while the other half is owned by the others. The plaintiff-appellant has a 5/16th share in that other half.2. The parties have so far been irrigating their land from a single persian wheel fitted on this well. The plaintiff-appellant now wants to have another persian wheel as, according to him, one wheel is not found sufficient to irrigate the fields of all the joint owners. Karam Singh resists the setting up of a second persian wheel on the well on the ground that more area out of the joint land would be required for the bullocks who have to work the second wheel. A co-sharer may claim only those rights in the joint...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Aug-29-1973
Reported in : AIR1974P& H302
1. The plaintiff has filed this appeal against the judgment and decree dated 25th May, 1962 of Sub-Judge Ist Class, Gurgaon, dismissing his suit for the recovery of Rs. 6,720/- as principal and interest on the basis of a pronote dated 7-4-1960 on the finding that the execution of the document and the passing of the consideration had not been proved.2. Shri Bakhtawar Lal defendant, who died during the trial, was described by the plaintiff to have incurred this loan as a Manager of Karta of the Joint Hindu Family comprising of himself and his two sons Din Dayal and Kesho Dayal, defendant-respondents Nos. 2 and 3. The blanks in the printed forms used for the execution of the pronote marked 'Y' and receipt marked 'X' have admittedly been filled in the hand of Shri Din Dayal defendant-respondent. The case of the defendants, however, was that they did not comprise any Joint Hindu Family and that no debt had in fact been advanced to them by the plaintiff. Bakhtawar Lal and Din Dayal had denie...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Oct-19-1973
Reported in : AIR1974P& H196
..... proceedings which culminated in the issue of this corrigendum.4. the transfer or conveyance of any property which is evidenced by a registered deed is a bilateral act which cannot be changed by the unilateral act of one of those parties to the prejudice of the other. an order passed by the rehabilitation authorities could be treated as binding on the parties .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : May-11-1973
Reported in : AIR1974P& H186
1. This order will dispose of two cross-appeals Regular Second Appeals Nos. 1272 and 1609 of 1963. 2. On 15th February, 1957, Dharam Singh sold the land in dispute to Moman for Rs. 4,104/-. This sale led to a suit for declaration and possession filed in January 1962 by Radha Krishan, the minor son of the vendor. His allegations were that he was the son of the vendor, that the parties were governed by custom, that the land in dispute was ancestral and that the sale effected by his father was not for legal necessity. 3. The suit was resisted by the vendee, who controverted the allegations made by the plaintiff. 4. The trial Judge decided all the points in favour of the plaintiff, but held that the sale had been made for legal necessity and on that finding, he dismissed the suit. 5. When the matter came in appeal before the learned District Judge, Sangrur, he reversed the finding of the trial Judge regarding the necessity for the sale and held that the vendee had not been able to establis...
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