Court : Madhya Pradesh
Decided on : Mar-05-1964
Reported in : AIR1965MP275
P.K. Tare, J. 1. This appeal is by the defendant against the decree, dated 10-1-1959, passed by Shri S.L. Sharma, Second Additional District Judge, indore, in Civil Suit No. 14 of 1961, decreeing the first respondent's suit for redemption of it mortgage, dated 26-11-1929 which he had executed in favour of the appellant, Devisahai. 2. The first respondent, Sardar Govindrao is owner of the suit house. He executed a possessory mortgage in favour of the appellant on 26-11-1929 for a consideration of Rs. 10,000/-. Subsequent to the mortgage, certain other developments have taken place on the strength of which the appellant contests the mortgagor's right to redeem. According to the appellant, the mortgagor had agreed to sell the mortgaged properly to him for a consideration of Rs. 50,000/-; and in pursuance of the same, a sale deed was actually executed and duly signed on 10-10-1950. But before presentation of the sale deed for registration, the mortgagor changed his mind; and by using the o...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Feb-13-1964
Reported in : AIR1967MP14
1. This is a reference by the first Civil Judge, Second Class, Indore, under Order 46, Rule 1, Civil Procedure Code for deciding the question whether if a Bhumi-swami is dispossessed of any land held by him as Bhumiswami otherwise than in due course of law, he can file a suit under Section 9 of the Specific Relief Act, 1877, (hereinafter referred to as the Act), for recovering possession of the land.2. The reference arises out of a suit filed by one Nathu under Section 9 of the Act against Dilbande Hussain and three other persons for possession of certain land on the allegations that he was in possession of the land in suit as Bhumiswami and that the defendant had dispossessed him without any right otherwise than in due course of law. The defendants, while admitting that the plaintiff is recorded as a Bhumiswami of the disputed land, raised the objection that under Section 250 of the Madhya Pradesh Land Revenue Code, 1959, (hereinafter referred to as the Code), read with Section 267 (x...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Nov-28-1964
Reported in : AIR1965MP126; 1965MPLJ318
Sharma, J.1. By this petition under Section 491 (a) (b) of the Code of Criminal Procedure the petitioner challenges the legality of his brother Santokhsingh's detention under an order passed by the District Magistrate, Raipur, in exercise of the powers conferred upon him by Clause (b) of Sub-rule (1) of Rule 30 of the Defence of India Rules, 1962 read with the Government of Madhya Pradesh Home Department Order No. 33-4314/I-X(W)62, dated the 20th November, 1962.2. Although a number of grounds have been set out in the petition, the only ground which was pressed before us at the time of the hearing, was that the District Magistrate had not, at any time after the amendment of Rule 30 of the Defence of India Rules under Notification No. G. S. Rule 1818, dated 28-l2-1962, been authorised to exercise on behalf of the State Government the power to detain any person with a view to prevent him from acting in any manner prejudicial to the maintenance of supplies essential to the life of the comm...
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