Court : Orissa
Decided on : Jan-10-1949
Reported in : AIR1951Ori268
..... have undoubtedly a wider import.12. the question as to whether the determination of the boundary of a village (whether a boundary dispute existed or not) under section 13, madras survey & boundaries act, 1923 will affect title to a piece of land lying within the said boundary would depend very much on the nature of the claim to that land & ..... pltf. to claim arrear rent for the lands in dispute, (ii) the lower appellate ct. further erred in its interpretation of schedule 3, madras survey & boundaries act, 1923 & that the said section operates as a complete bar to the resp's claim of the disputed lands as part of his inam lands of village gurrebanda,7. point no. (i)-the ..... zamindar & not part of the inam lands of the resp. his finding was mainly baaed on some documents of the zamindar showing realisation of jeroyati rent in gurrebanda village from 1884 & also some documents exs. e. 2 b-l, r. 2 & e-l) signed by the resp's father himself showing payment of sent for jeroyati lands as distinct .....
Tag this Judgment!Court : Orissa
Decided on : Jan-25-1949
Reported in : AIR1950Ori250
..... also been taken by the patna high court in a similar case and there is no reason to think that the terms of the bihar act are far different from the provisions of the orissa act. section 13, bihar act lays downs : 'no order for recovery of possession of any house shall be made so long as the tenant pays, or ia ..... from computation and consequently the tenancy would terminate on the 11th of the succeeding month. this argument appears to me to be fallacious. in the first place, section 110, t. p. act applies only to cases where there is an express agreement limiting the period of the lease from a particular day. in the case of periodic leases, such as ..... allegation, the tenancy commenced on the nth of a month and the notice purports to terminate the tenancy with effect from 10th august 1943. reliance is placed on section 110, t. p. act, which lays down that where the time limited by lease of immovable property is expressed as commencing from a particular day in computing the time, such day .....
Tag this Judgment!Court : Orissa
Decided on : Jan-28-1949
Reported in : AIR1949Ori31
..... lands may be appropriately described for the purpose of discrimination. the services rendered in lieu of rent is nothing but rent. rent is defined in the orissa tenancy act in section 3(16) as whatever is lawfully payable or deliverable to the landlord on account of the use or occupation of the land held by the tenant;, and ' ..... has been rendering services but in default of such. service would be liable to pay rent for that land to his landlord within the meaning of section 3 clause (23), orissa tenancy act. keeping this in mind, if you, read the revisional settlement entries, they do not at all come in conflict with the entries in the ..... of decisions not a. single one of which had to deal with section 117, orissa tenancy act, in support of the view that, they have taken. the mere reading of section 117, orissa tenancy act, would afford a smashing reply to such a contention. according to this section, the latest settlement entry will have the statutory, presumption of correctness until .....
Tag this Judgment!Court : Orissa
Decided on : Feb-02-1949
Reported in : AIR1949Ori35
..... readiness with evidence either documentary or oral. mullick j. observes:if however the plaintiff does not fail to appear but fails to produce his evidence or to perform any other act necessary for the progress of the suit, the court may proceed to decide the suit forthwith.6. therefore, according to that learned judge, is party may not fail to appear ..... though be fails 'to proceed with the evidence. according to this learned judge, with whom i agree with very great respect, so long as a party performs any act necessary for the progress of the suit, he, does appear in the suit. to move for an adjournment is none the less necessary for the progress of the suit in .....
Tag this Judgment!Court : Orissa
Decided on : Feb-21-1949
Reported in : AIR1950Ori241
..... standing in kind of fiduciary relation to each other as principal and agent in the way in which the present plaintiff and his sheristadar are related. sections 211 and 212, contract act, relating to the duty of an agent to the principal has to be borne in mind in judging whether or not the loss occasioned by ..... are required for purposes of execution and decrees, the indent and the pay-slip after being prepared in the office and checked by the head clerk of the section go to the sheristadar who sanctions them for payment. the concerned clerk draws the money thereupon and after utilising the money and filing the execution petition prepares the ..... circumstances. the plaintiff-maharaja in the coarse of administration of his estate and collection of rents, obtains decrees for arrears of rent as against defaulting tenants. one section of his office staff attends to the steps necessary to be taken for realisation of these decrees by execution in various courts. monies are drawn from time to .....
Tag this Judgment!Court : Orissa
Decided on : Feb-22-1949
Reported in : AIR1951Ori342
..... & putting it in the possession of his of his successor appointed by them. this power is however exclusively vested in the revenue officers by section 58, c. p. t. act & section 95 of that act expressly bars the jurisdiction of the civil ct. over such matters. there is no other consequential relief that; the pltfs. could pray for & ..... of service were left to be regulated by village customs which were embodied in the wazib ul arz prepared by the settlement officer under section 79 of that act which by virtue of section 82 of that act should be presumed to be correct. but the lambardar is not an independent authority. his appointment & dismissal rests with the revenue ..... cannot be said that the province of orissa is not a proper party. secondly, it was urged that a declaratory suit of this type is barred by section 42, specific relief act, , inasmuch as the pltfs. have not prayed for any consequential relief. strictly speaking, no consequential relief can be validly prayed for in the civil ct .....
Tag this Judgment!Court : Orissa
Decided on : Mar-01-1949
Reported in : AIR1950Ori225
Panigrahi, J.1. The plaintiffs, who have lost in both the Courts below, are the sons of one Fakir Charan Rai who held a revenue-free or muafi grant of the village of Nunia Jampalli in Bargarh Sub. Division of Samblpur district. The defendants are purchasers of Fakir's interest at a court sale in execution of a money decree obtained against the plaintiffs' father.2. The plaintiffs alleged that the village of Nunia Jampalli was granted by HaharajaChhatar Sai to the family of one Lambodar Bai, an ancestor of the plaintiffs, on a permanent and hereditary tenure for doing pujaseba, in the temple of Sri Samaleawari at Samblpur. It is alleged that the grant being one burdened with service and being a Denottar grant, is inalienable and that the court sale in execution of a decree obtained against the plaintiffs' father is void. The plaintiffs admit that the village was being enjoyed in three shares, i.e., an 8 annas share belonging to one Joydeb Bai, a 5 annag 4 pies share belonging to Fakir B...
Tag this Judgment!Court : Orissa
Decided on : Mar-08-1949
Reported in : AIR1951Ori240
..... statute itself regarding the value to be attached to previous settlement entries and there is no provision corresponding to the proviso to sub-section (3) of section 117, orissa tenancy act. in the orissa tenancy act, however, there is an express statutory provision regarding the relative value to be attached to the earlier and later settlement entries and ..... of correctness, however, attaches only to the current settlement record, of-rights and as regards the previous record-of-rights the proviso to sub-section (3) of schedule 17, orissa tenancy act, gays that such entry shall be admissible as evidence of the facts existing at the time such entry was made. therefore, an entry in ..... elaborately in his judgment in this case.15. as pointed out by them, in the face of clear statutory provisions in section 117, sub-section (3) and the proviso thereto, of the orissa tenancy act, specifying in unambiguous terms the exact value to be attached to entries in the current record-of-rights and the entries .....
Tag this Judgment!Court : Orissa
Decided on : Mar-08-1949
Reported in : AIR1951Ori327
..... submitted to them.15. the case in ghanaya v. mehtab, a. i. r. (21) 1984 lah, 890: (16 lah. 377) is cited to show to show that section 35, evidence act, is not intended to apply to the opinions of public official based on or inferences drawn from the allegations made before them in course of inquiries conducted by them ..... impugned on that account if otherwise it is admissible. there can be no doubt, that reports of public officials made in discharge of (their official duties are admissible under section 85, evidence act with reference to statements therein of relevant facts or facts in issue. this is well-) established by a number of p. c. cases, vide muttu ramalinga v. ..... seal. though the document appears to be an old one & from the date it bears, must have been more than 30 years old, the presumption available under section 90, evidence act, does not apply to this document. the trial ct. has not accepted this document on the ground that it was not produced from appropriate custody as it was .....
Tag this Judgment!Court : Orissa
Decided on : Mar-25-1949
Reported in : AIR1952Ori223
..... the mohammedan government as the official domain or savaram and labelled them private lands, but also created another kind of private lands which is defined in the proviso to section 185 of the act. the proviso indicates that 'all land which is proved to have been cultivated as private land by the land-holder himself, by his own servants or hired labour ..... estate, under exts. 8 and 8(a). but the acquisition of a ryoti interest in ryoti land will not convert the character of the land into private land. section 8 of the act prevents a merger of the interests. the lessee of the private land is called a tenant of the private land as distinct from a ryot of a ryoti land ..... cents which the mustajar alone was entitled to cultivate, would also be cultivated by the executants according to their share in the village. ex. 1/j/1881, 1/i/1884 and 1/m/1884 are similar muchalikag for faslis 1291, 1294 and 1295. the plaintiff has also filed exs. 1, 1/a, 1/b, 1/c, which are muchalikas for the period .....
Tag this Judgment!