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Judgment Search Results Home > Cases Phrase: mediation Court: punjab and haryana Year: 1962 Page 1 of about 26 results (0.033 seconds)

May 10 1962 (HC)

Kishan Singh Munsha Singh Vs. the State

Court : Punjab and Haryana

Decided on : May-10-1962

Reported in : AIR1963P& H170; 1963CriLJ469

i.d. dua, j.1. kishan singh son of munsha singh of village jamshed chathial, district hoshiarpur, appeals to this court from his conviction under section 302/34, indian penal code, and sentence of death imposed upon him by the additional sessions judge, hoshiarpur, for the murder of parkash chand patwari.2. the prosecution story is that munsha singh, father of kishan singh accused, made a will in his favour. and on the death of the testator mutation in respect of his succession was under the consideration of itie revenue authorities. it may be mentioned that kishan singh accused was munsha singh's son from his first wife, the second wife being jaswant kaur. this will was attested by waryam singh p. w. 4. a couple of days before the murder of parkash chand patwari, the mutation proceedings came up for hearing before the naib tehsildar in village keshopur. waryam singh and other attesting witnesses along with the scribe of the will appeared before the revenue officer and parkash chand deceased as patwari put up the papers before the said officer. as kishan singh's step mother was not present he was asked to produce her on the next hearing. the case was accordingly adjourned.kishan singh suspected that parkash chand patwari was instrumental in creating obstacles in these mutation proceedings and according to the prosecution he is stated to have expressed his suspicions in express words to waryam singh after the adjournment of the mutation proceedings. kishan singh is also stated .....

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Mar 06 1962 (HC)

Kehar Singh Vs. Jeon Singh Partap Singh

Court : Punjab and Haryana

Decided on : Mar-06-1962

Reported in : AIR1962P& H465

pandit, j.(1) this is a plaintiff's appeal against the decree of the subordinate judge. 1st class, barnala dismissing his suit for the recovery of rs. 6,000/-.(2) according to the allegations of kehar singh, plaintiff, jeon singh defendant, owed him rs. 5,400/- and in lieu thereof on 14-3-1955 he mortgaged his land measuring 37 bighas and 17 biswas with possession with the plaintiff for rs. 6,000 after having received rs. 600 in cash from him by an unregistered deed, exhibit p. d. on 15-3-1955 the defendant got a report regarding this mortgage entered in the roznamcha of the patwari, which bore the thumb-marks of both the plaintiff and the defendant. the defendant failed to give possession of the land to the plaintiff after the execution and completion of the deed and he also did not get the mutation sanctioned. he did not even return the amount of rs. 6,000/- to the plaintiff, which necessitated the filing of the present suit for its recovery.(3) the suit resisted by the defendant, who controverted all the allegations made by the plaintiff. he pleaded that neither he owed any debt to the plaintiff nor did he execute any mortgage-deed in his favour. according to him, if any deed was proved to have been executed, the same was without consideration.(4) on the pleadings of the parties, the following issues were framed:--1. whether the defendant had executed mortgage-deed for rs. 6,000/- on 14-3-1955 in favour of the plaintiff, but had failed to deliver possession of the property .....

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Nov 06 1962 (HC)

Bhagat Gobind Singh Vs. Punjab State and ors.

Court : Punjab and Haryana

Decided on : Nov-06-1962

Reported in : AIR1963P& H319

mehar singh, j.1. this judgment will dispose of three civil writ petitions nos. 68, 935 and 938 of 1962, the first under articles 226 and 227 and the remaining two under article 226 of the constitution, in which, although other matters have been raised, but the main question for consideration is the constitutional validity and 'vires' of section 19-e of the punjab security of land tenures act, 1953 (punjab act 10 of 1953), which section has been added to this principal act by section 7 of the punjab security of land tenures (amendment and validation) act, 1962 (punjab act 14 ol 1962), and section 32-kk of the pepsu tenancy and agricultural lands act, 19s5 (pepsu act 13 of 1955), which section has been inserted in this principal act by section 7 of the pepsu tenancy and agricultural lands (amendment and validation) act, 1962 punjab act 16 of 1962), the provisions of both the sections in either act being verbatim the same.2. in civil writ no. 68 of 1962 the petitioner is bhagat gobind singh and there are 18 respondents, of whom the first four respectively are the punjab state, the financial commissioner, the commissioner, jullundur division, and the collector, jullundur, and the remaining 14 are alienees from the petitioner.3. the father of the petitioner owned 53 standard acres in villages paddi jagir and bir sher singh on this side before the partition of the country and, of course, continued to do so even after that and in lieu of his land left in what is now pakistan he was .....

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Jun 01 1962 (HC)

Arya Printinidhi Sabha, Punjab Jullundur Vs. Dev Raj Vir Bhan and anr.

Court : Punjab and Haryana

Decided on : Jun-01-1962

Reported in : AIR1963P& H208

mahajan, j.1. this second appeal is directed against the concurrent decision of the courts below dismissing the plaintiff's suit. the plaintiff is the arya pratinidhi sabha, punjab, jullundur a registered society under the societies registration act (no. 21 of 1860). the property in dispute belonged to one girdhari lal. the defendants are related to him in the third degree. the following pedigree-table discloses their relationship:- dewan chand _____________________|___________________________ | | ganga ram shiv dayal ______|____________ ____________|____________ | | | | vir bhan jai bhan girdhari lal bihari lal | | = died issueless dev raj | smt. dhan devi widow defendant sukhdeo | no. 1 defendant smt. rukmani daughter no. 2 girdhari.girdhari lal was a resident of sujanpur, tahsil pathankot, district gurdaspur. it seems that he was possessed of considerable property, but in the present dispute we are concerned with land measuring 558 kanals 19 marias. he made a will on the 16th of june, 1914. by this will he bequeathed his entire property to his wife dhan devi. she was to enjoy its income for her life but was not entitled to alienate the same. after her death, a residential house and two shops described in the will were to go to the daughter, smt. rukmani. she too was not entitled to alienate them and after her death they were to devolve on her children.10 ghamaons of land i.e., 80 kanals was to vest in arya samaj sujanpur after the death of smt. dhan devi and the balance of .....

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Jan 11 1962 (HC)

Blanda and ors. Vs. Duni Chand Khazana

Court : Punjab and Haryana

Decided on : Jan-11-1962

Reported in : AIR1963P& H34

d.k. mahajan, j. 1. in this second appeal theinterpretation of section 14(2) of the hindu succession act, 1956, is involved. 2. the ]and in dispute was held by smt. rohban at the time when the hindu succession act came into force. she had got this land by gift from her father-in-law. the gift was an oral gift and its terms are recorded in the mutation (exhibit p. 2) that followed. it is stated in this mutation that the land was given to her for her maintenance and she had no right to sell or mortgage the same. after the coming into force of the hindu succession act, she gifted this land to the defendants. this led to the present suit by the collaterals of her father-in-law on the ground that she had no right to gift this property to the defendants in view of the terms of the gift because she merely held a limited estate in the donated property. the defence was that by reason of section 14 of the hindu succession act she had become the absolute owner of the donated property and, therefore, could make a valid gift. the trial court found for the collaterals and held that she held merely restricted estate and, therefore, decreed the suit. on appeal the learned district judge bas taken a contrary view and has reversed the decision of the trial court and dismissed the suit. the plaintiffs have come up in second appeal to this court. 3. the first question that arises for determination is as to what is the nature of the estate the lady got from her father-in-law. did she get a full .....

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Mar 06 1962 (HC)

inder Singh Des Raj and ors. Vs. Harnam Singh Gian Singh

Court : Punjab and Haryana

Decided on : Mar-06-1962

Reported in : AIR1962P& H450

dua, j.(1) this is a regular second appeal by the defendants from the judgment and decree of the learned district judge, ferozepore, accepting the appeal of the plaintiff and dismissing that of the defendants and after reversing the judgment and decree of the court of first instance passing a decree in favour of the plaintiff with costs of both the courts.(2) harnam singh plaintiff (respondent in this court) had instituted the suit out of which this appeal arises for a declaration that he was the sole owner of the land specified in the heading of the plaint and situated in tehsil and district rahim yar khan bahawalpur state (now in pakistan) and that he alone was entitled to 57 standard acres and 13 1/2 units of land to be allotted by the rehabilitation department in lieu of the land left in pakistan and that the defendants had no connection whatsoever with the said land. the plaintiff claimed to be the owner of 1306 kanals 11 marlas situated in village sarbhori chaks nos. 101/p and 103 in bahawalpur state in lien whereof 57 standard acres and 13 1/2 units were allotted to him in village jalalbad, tehsil zira. the defendants had also preferred a claim in respect of the same land namely, chaks nos. 101/p and 103 situated in village sarbhori and got allotment of land in lieu thereof in jullundur district. on a complaint having been made by ladha singh, and wadhawa singh that double allotment had been made in lieu of the aforesaid land left in village sarbhori, the allotment in .....

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Jan 11 1962 (HC)

Murid Khan and ors. Vs. Usman Khan and ors.

Court : Punjab and Haryana

Decided on : Jan-11-1962

Reported in : AIR1962P& H475

(1) whether the transaction of oral sale requiring compulsory registration under section 54 of the transfer of property act is saved by the doctrine of part performance is the question which falls for determination in this appeal.(2) the plaintiffs respondents brought a suit for redemption of agricultural land which they had mortgaged in favour of the defendants appellants on 20th of april, 1950 for rs. 508/-. subsequently by an oral sale the equity of redemption was also sole to the appellants on 5th of may, 1955 for a sum of rs. 492/-. the provisions of section 54 of the transfer of property act were extended to punjab on 1st of april, 1955 and on the assertion that the oral sale was invalid the plaintiffs sought redemption of the suit property on payment of rs. 508/-.(3) the trial judge passed a preliminary decree for redemption on payment of rs. 1192/- with interest and the defendants having also failed in their appeal have come again to this court in second appeal.(4) mr. jagan nath seth, the learned counsel for the appellants, has contended that the defendants being still in possession of the land the doctrine of part performance should have been applied in their favour although the transaction of sale required registration under section 54 of the transfer of property act. admittedly, there is no writing to evidence the oral sale. it has been held in a division bench authority of this court (khosla and dulat jj.) in new delhi municipal committee v. h. s. rikhy, air 1956 .....

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May 30 1962 (HC)

Harnam Kaur W/O Chanan Singh and anr. Vs. Sher Singh Attar Singh

Court : Punjab and Haryana

Decided on : May-30-1962

Reported in : AIR1963P& H402

h.r. khanna, j.1. this appeal filed by harnam kaur and another is directed against the judgment and decree of learned additional district judge, ludhiana, whereby, he affirmed the declaratory decree granted in favour of the plaintiff-respondent by the trial court.2. harnam kaur, widow of chanan singh a jat, resident of village rajewal, tehsii samrala, district ludhiana, executed a registered will dated 4-1-1954 in respect of her estate in favour of mohinder kaur, grand-daughter of sher singh brother of chanan singh, sher singh thereupon brought the present suit for a declaration that the aforesaid will executed by harnam kaur, who was impleaded as defendant no. 1, in favour of mohinder kaur, defendant no. 2, would not affect the reversionary rights of the plaintiff after the death or re-marriage of harnam kaur. according to the plaintiff, the parties were governed by customary law and the property comprised in the will was ancestral of chanan singh qua the plaintiff.the suit was contested by harnam kaur and mohinder kaur. according to them, chanan singh, husband of harnam kaur, made a gift of two-third share of the property in dispute in favour of harnam kaur during his lifetime and thus made her full owner of two-third share. the will in favour of mohinder kaur was stated to have been made in lieu of services and was stated to be valid under customary law. following issues were framed by the trial court:1. whether harnam kaur holds the property in dispute as a limited owner? .....

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Feb 26 1962 (HC)

Naro Vs. Harbans Lal and anr.

Court : Punjab and Haryana

Decided on : Feb-26-1962

Reported in : AIR1962P& H457

tek chand, j.(1) mst. naro mother of dina bandhu deceased has filed this letters patent appeal from the decision of dulat, j., in regular second appeal no. 592 of 1954, who allowed the appeal of the defendant-appellant, set aside the decree passed by the district judge, hoshiarpur, and affirmed the decree of the trial court dismissing the plaintiff's suit, but left the parties to bear their own costs throughout.(2) the facts giving rise to this suit are that one madhu sudan, a brahman of tika dhanotu, village dodamb, tahsil kangra, sole 39 kanals 19 marlas of land by a registered deed of sale dated 2nd of june, 1936, (exhibit d-1) in favour of pala ram, father of defendant no, 1 harbans lal. this sale was for rs. 2,500/- and the mutation of sale was sanctioned at no, 251 on 15th of january, 1937. the suit was instituted by dina bandhu, the younger of the two sons of the alienor, madhu suda, on 20th/21st of march, 1951, nearly 15 years after the sale which was impugned. he became major on 24th of june, 1948m and the suit has thus been instituted within three years of his having attained the age of majority. the plaintiff prayed for a decree for possession of the land in dispute alleging that the sale effected by his father, madhu suda, was of ancestral land and was without consideration and necessity and, therefore, not binding upon him. his elder brother, ishri parshad, who was major at the time of the sale, had given his consent and he was on this ground impleaded as a pro .....

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Sep 26 1962 (HC)

Rattan Chand Deceased Represented by His Widow Smt. Satya Devi and anr ...

Court : Punjab and Haryana

Decided on : Sep-26-1962

Reported in : AIR1963P& H182

ordermahajan, j.1. the short question that requires determination in this second appeal is one pertaining to the interpretation of section 49 of the indian registration act. there has been and is a conflict of judicial opinion as to the ambit and scope of this section and in view of this i have thought it proper to refer this matter for decision to a larger bench.2. the facts giving rise to this second appeal ate that on the 26th of february, 194g, defendants 1 and 3 bhagirath and jagan nath orally sold 43 kanals 19 marlas of land to plaintiff rattan chand for a sum of rs. 3,000/-. a document exhibit p. 5, evidencing the sale of the property, the price settled and how it was to be paid was executed. it is recited in this document that a sum of rs. 200/- had been paid in cash and the remaining sum of rs. 2,800/- would be paid at the time when the mutation of sale is sanctioned. it appears that later on the vendors found a better purchaser in the person of another rattan chand, to whom they sold the property on the 20th march, 1946, for a sum of rs. 4,500/-. the plaintiff who is the previous vendee having come to know of the second sale gave notice to his vendors and the subsequent vendee on the 29th of march, 1946, informing that the property had already been sold to him and, therefore, could not be transferred a second time, but in view of the fact that the sale had already taken place on the 20th of march, 1946, the present suit was filed for specific performance of the .....

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