Court : Rajasthan
Reported in : AIR1951Raj74
..... against the transferor, but not against both, in respect of the same amount. the trial ct in giving a decree for rs. 10,000/- seems to have disregarded the actual settlement, made by the debtor with the transferor, which may not have been of advantage to the pltf, but instead gave a decree for a full amount of consideration, which could ..... applicable to the present suit filed on 24-7-1948, & that as soon as the debt had been assigned, the transferee had alone the right to recover the same, & any payment made by the debtor to the transferor after the filing of the suit should be held to be of no consequence as against the transferee. the above contention was also ..... of wards, which was not binding on him.4. khub chand filed a written statement on 7-2-1949, alleging that the assignment had been executed on a promise of payment of rs. 10,000/-, which sum was never paid by the pltf to khub chand, & that, therefore, the agreement of assignment was without consideration & void. it was also alleged .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1953Raj202
..... be recorded as tenants in the settlement papers. the cultivators who were threatened with deprivation of their lands and means of livelihood resisted these attempts and the situationcontinued to deteriorate. in may, 1952, two congressmen were murdered ..... share of the produce and with the approach of monsoon the law and order situation in the bhomia villages of khetri sub-division, particularly chinchdoli and saffragwar had become precarious. settlement operations were also to start in these villages and there were organised attempts on the part of the landholders to get cultivatory possession of tenants' lands so that they might .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1953Raj173
..... confined ourselves to the consideration of section 231, marwar land revenue act, which is as follows:'231. (1) unless it is otherwise expressly provided in the records of a settlement or by the terms of a grant made by his highness, the right to all minerals, mines and quarries shall vest in the government which shall have all powers necessary ..... compensation for infringement as may be determined by the deputy commissioner, or if his award is not accepted, by the civil court. it is urged that the manner of payment is not specified. we are of opinion that the said section lays down that the compensation shall be paid. this clearly means that the compensation will be paid in ..... by this court on 20-6-1952. we are assured that the state will now proceed to take steps under sub-section (4) for the determination of compensation, and its payment. if is, therefore, premature for the applicants to complain that sub-section (4) has not been complied with.15. the next point, that has been urged is that .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1954Raj65
..... of 1949. the conclusions of the committee are summarised in chapter xv at page 63. there are recommendations for interim arrangements in rajasthan pending the completion of settlement. these recommendations include a suggestion that the maximum rent payable by a tenant should not exceed, in the ease of irrigated land, one-fourth, and, ..... 'agricultural situation inindia', march, 1951, issue, at page 897 there isan article by shri dharam bir singh, headed'agricultural legislation in recent years reconstructing the land system'. at page 900-901he gives the maximum rents payable to landlordsin various states: '1. bombay.)1/4th of the produce or value2. hyderabad )thereof on irrigated ..... inasmuch as it obliterates this distinction, is a little in favour of those holding unirrigated lands. but, on the whole, it seems to us that, where payment is to be made in kind, the distinction between irrigated and unirrigated lands is not very material. 26. we come back;, therefore, again to the question .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1956Raj51
..... inder singh to purchase the 10 murabbas of land in dispute in lieu whereof the latter agreed to give her half share thereof and that as there was a mutual settlement later between her and her husband's brothers, she agreed to accept only 1/4th share in the whole land.this issue has been found by the trial court against .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1957Raj213
..... connection is section 231 of the marwar land revenue act the material portion of which reads as follows:'(1) unless it is otherwise expressly provided in the records of a settlement or by the terms of a grant made by his highness, the right to all minerals, mines and quarries shall vest in the government which shell have all powers necessary .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1957Raj136
..... stage in the exercise of its extraordinary jurisdiction. her singh in his reply has gone back on the objections that he had been raising all alone before thy settlement authorities, and contends like the board of revenue that the applicant has another remedy open, and therefore this application should be dismissed. he has also supported the ..... , and the main contention on his behalf is that the dispute between the parties was about proprietary rights to land, and should not have been decided by the settlement authorities, and in any case an issue should have been sent down for decision under section 36 of the rajasthan revenue courts (procedure and jurisdiction) act (no. ..... applicant claims that he was granted half illage of charli in tehsil ahore, dist. jalore by the jagirdar of abore whose younger brother he is some time thereafter settlement operations started in this village, and in july, 1951, during these operations, an entry is said to have been made ex parte in the revenue records in .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1957Raj267
..... force. the acceptance of this argument would mean this that some of the judgment-debtors by arriving at a settlement with the decree-holder may increase the liability of the remaining judgment-debtor, no matter that he is not a consenting party to such an arrangement. it is one ..... argument for adding to the burden of the plaintiff. it would indeed have been a different matter if the plaintiff had consented to take the entire responsibility for the payment of the decretal amount; but as to that, i have already arrived at the conclusion that i amnot satisfied that the defendants have succeeded in establishing any such ..... entitled in lieu thereof to get possession of the house and that the defendants had surrendered that benefit altogether and so they could not be made liable for the payment of money, once they had given up their claim for the possession of the house. i have carefully examined this argument which, plausible as it is, has no .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1958Raj26
..... but to create machinery by which, amicable settlement between debtors and creditors might be arrived at. section 8 (1) (a), therefore, clearly provided for a conciliation court or tribunal as that term is ..... as we have described above, for section 8 (1) (a) of the act provided that the government of jodhpur might, for purposes of amicable settlement between debtors and their creditors, establish debt conciliation boards.the intention of establishing these boards was not to create new tribunals for the adjudication of disputes, ..... harmonising, reconcilement. further at the same page 'court (tribunal) of conciliation means a court for composing disputes by offering to the parties a voluntary settlement, the case proceeding to a judicial court if this is not accepted.the function therefore of a conciliation tribunal or a conciliation board is composition of .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1958Raj161
..... is binding on all (whether worshippers or not) including even one who might have claimed a hereditary trusteeship and have brought a suit to enforce such a right before the settlement of the scheme and a decree framing a scheme is a bar to a suit by such a person, even though the denial of such a right of suit might ..... accepted by the court, in which case he would have no right of appeal it was contended by the applicant that he was entitled to have some voice in the settlement of the scheme for the management of the trust created by his ancestors. it was held that 'such a person should be added as a defendant in the suit in .....
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