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Judgment Search Results Home > Cases Phrase: mediation Court: punjab and haryana Year: 1965 Page 1 of about 42 results (0.027 seconds)

Apr 06 1965 (HC)

Partap Singh Vs. State

Court : Punjab and Haryana

Decided on : Apr-06-1965

Reported in : AIR1966P& H246; 1966CriLJ688

..... , criminal procedure code for it admits of no doubt that immediate or direct possession is on any interpretation actual possession within the meaning of the said provision we will also assume that mediate possession of the government through an allottee is actual possession within the contemplation of the said provision does that then destroy the jurisdiction of the magistrate to act under section ..... to possession maintained therein the dictionary meaning of the word 'actual' is real or existing in fact. the word, therefore, connotes possession as a fact. 'possession' has two meanings, namely, mediate possession and immediate possession. the distinction between two categories of possession is that possession held by a person through another may be term ed as ..... mediate while that which is acquired or retained directly or personally may be distinguished as immediate or direct.we need not go into the question as to what is the precise .....

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Jan 21 1965 (HC)

Jamna Bai and anr. Vs. Union of India and anr.

Court : Punjab and Haryana

Decided on : Jan-21-1965

Reported in : AIR1965P& H395

..... provision it was observed in amba. prasad v. mohboob ali shah, air 1965 sc 54 that the word 'occupant' signifies occupancy and enjoyment, and mediate possession (except where the immediate possessor holds on behalf of the mediate possessor) is of no consequence. although ram singh v. sita ram, 61 pun lr 132 was a case under s. 13 of the east punjab .....

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May 06 1965 (HC)

Smt. Tulsan and anr. Vs. Sahib Ram Chet Ram

Court : Punjab and Haryana

Decided on : May-06-1965

Reported in : AIR1966P& H262

1. in order to understand the controversy, which has led to the present litigation, it is necessary to reproduce the following pedigree-table:(see pedigree table on next page) the property in question had been given as a grant to mata din by his highness the maharaja of the erstwhile state of patiala. mata din is stated to have made a will of his entire property giving one-third each to his two brothers chet ram and badeshi ram and the remaining one-third to his widow smt. anantia. the mutation of succession was sanctioned jointly in the names of these three legatees. on badeshi ram's death, ram sewak, his son, inherited one-third estate and became joint owner with chet ram and smt. anantia. on chet ram's death, sahib ram plaintiff succeeded his father. smt. anantia made a will on 5-3-1945 of her entire property in favour of ram sewak. smt. anantia died in 1949 and her estate was mutated to the extent of two-third share in favour of ram sewak and one-third in favour of sahib ram plaintiff. phiku ram | -------------------------------------------------------------------------------------- | | | anantia sardar smt. tulsan = badeshi chet ram (widow) mata din defendant no. 2 ram | (died issueless) | sahib ram (plaintiff) ------------------------------------------------ | | mst. natho = ram sewak mst shanti | hari kishan (adopted by mst natho widow of ram sewak)sewak died on 12-12-1952. mutation of his succession was sanctioned on 19-2-1953. smt. natho on 30-3-1954 executed a .....

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Sep 20 1965 (HC)

Mange and ors. Vs. Des Raj and ors.

Court : Punjab and Haryana

Decided on : Sep-20-1965

Reported in : AIR1967P& H270

d. falshaw, c.j.1. this is an appeal filed under clause 10 of the letters patent by mange and others, plaintiffs in the original suit, against the order of a learned single judge dismissing their second appeal and upholding the order of the additional district fudge accepting the defendants' appeal and dismissing the suit.2. the facts are that by a registered deed dated the 30th of may, 1893 hasti gifted 37 bighas 6 biswas of land and a house to some of his collaterals, the share of bahala, the ancestor of the plaintiffs, being one-third while the remaining two-thirds went to ganga ram, majla and jug ram, the ancestors of the defendants. the donor was a resident of a village called deeghal while the donees resided in a village called bhupania and it was stated in the deed that if the donees who resided in bhupania did not settle in deeghal they would not be entitled to alienate the property by way of sale or mortgage. this was followed by a mutation in 1896. when hasti died in 1904 ramji lal son of bahala and predecessor of the plaintiffs tried to claim a further 70 bhighas of land left by hasti on the ground that the other donees had not settled in deeghal, but this attempt was unsuccessful and me land was mutated in the names or all the donees, and all me land once owned by hasti has continued to be shown in their names and names of their descendants as joint owners ever since.3. there seems to be no doubt that the whole of the land at deeghal has remained in possession of .....

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Mar 04 1965 (HC)

Santa Singh Gopal Singh and ors. Vs. Rajinder Singh Bur Singh and ors.

Court : Punjab and Haryana

Decided on : Mar-04-1965

Reported in : AIR1965P& H415

grover, j.(1) this is a second appeal which has been referred by a division bench to a larger bench for decision owing to the importance of the main point involved in it relating to the applicability of the doctrine of lis pendens embodied in s. 52 of the transfer of property act, 1882, to the facts of the present case.(2) it is necessary to recapitulate the facts. one sham singh owned a little more than 892 kanals of land. he died more than 40 years ago leaving behind two daughters, mst. premi and mst. khemi, and a widow mst. malan, mst. premi died before the year 1936 leaving tow sons mohinder singh and rajinder singh. in 1936 mst. malan gifted one-half of the property to which she had succeeded on her husband's death to mohinder singh and rajinder singh and one-half, to mst. khemi. the donees entered into the possession of the land. this gift was challenged in 1940 by santa singh and others who were collaterals of sham singh by a suit for declaration and possession of that land on the ground that they were preferential here of sham singh. this suit had a chequered career. it was stayed under the indian soldiers (litigation) act, 1925 because mohinder singh and rajinder singh were serving in the army and it was not revived till 1946. it appears that at the time of the partition of the country in 1947 some of the plaintiffs, who had admittedly become muslims, had gone away to pakistan. the plaint was, 'therefore, amended and the suit proceeded to trial. meanwhile in 1945 mst .....

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Nov 23 1965 (HC)

Puran Singh Basawa Singh and ors. Vs. Hazara Singh Punjab Singh and or ...

Court : Punjab and Haryana

Decided on : Nov-23-1965

Reported in : AIR1966P& H312

1. one dalip singh who owned 25 bighas and 6 biswas pukhta of land in village mauran died and in the end of august, 1950, mutation no 560 was sanctioned in favour of the present appellants who claimed to be collaterals in the sixth or seventh degree of the deceased in june 1953 hazara singh and other respondents, filed the suit out of which this appeal has arisen for possession of the aforesaid area of land on the ground that they were the real heirs and successors of the last owner, namely. dalip singh the sole issue which had to be decided was whether the plain tiffs were the reversioners of dalip singh in preference to the defendants the trial judge found that the plaintiffs were lineal descendants of mehta. who was a third degree collateral of bija singh, the lineal ancestor of dalip singh whereas the defendants were mere trespassers on these findings the suit was decreed in appeal the learned district judge reversed the decree of the trial court on the finding that the plaintiffs had fail ed to prove their collateral relationship with the deceased he also found that the defendants were unable to show any connection with the deceased, but that they were entitled to retain possession as against the plaintiffs who had failed to establish their right. a regular second appeal was brought to this court which was decided by mehar singh j. on 28th november. i960 he disagreed with the learned district judge and affirmed the view of the trial court that the plaintiffs had .....

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May 05 1965 (HC)

Pritam Dass Vs. Nand Ram

Court : Punjab and Haryana

Decided on : May-05-1965

Reported in : AIR1966P& H88

shamsher bahadur, j.1. the simple question for determination in this appeal is whether the letters of administration in respect of a will which was found to be fictitious in contested litigation between the concerned parties should be annulled, obtained, as they were, without notice to the other party?2. the origin of the protracted litigation of which the present appeal is an aspect is the death on 24th of february, 1935, of mahant jai parkash of udasi sect owning extensive properties of two udasi deras, one at village manki in samrala tehsil of ludhiana district and the other in village hamirgarh in tehsil sunam of sangrur district. there were two rival claimants to the gaddi of the mahant and both of them are parties in this appeal. pritam dass appellant in this appeal (hereinafter called the appellant) set up his title by virtue of a will said to have been executed by the deceased mahant 13 days before his death, that is to say on 11th of february, 1965. anant ram respondent (hereinafter called the respondent) on the other hand, claimed to have been appointed a successor to the gaddi by mahant jai parkash himself and asserted his title as a result of installation to this office by the beikh itself on the 17th day after the death of mahant jai parkash. the first round of battle between the two claimants was fought before the revenue authorities and culminated in a mutation in favour of the appellant whose appeal was allowed on 15th of march, 1937. the respondent, though he .....

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Jan 29 1965 (HC)

Bhai Ardaman Singh Vs. the State of Punjab

Court : Punjab and Haryana

Decided on : Jan-29-1965

Reported in : AIR1965P& H354

grover, j.1. this is an appeal against the dismissal of a suit instituted on the 24th october, 1956, by bhai ardaman singh for a declaration to the effect that he is entitled to receive a sum of rs, 5,260/4/per annum as a grant to meet the expenses of the langer (free kitchen ) of shri gurdwara sahib bagrian perpetually and for recovery of rs. 26,783/6/- as arrears of the grant from 19th september 1951 to the date of institution of the suit.(2) it was alleged in the plaint that the maharajas of jind state had sanctioned some grants of revenue as muafi by way of charity amounting to rs. 5,300/- at different times for the expenses of the langer (free kitchen) of shri gurdwara sahib bagrian in favour of the ancestors of the plaintiff details of which were given in par 1 of the plaint.a fresh sanad in perpetuity was granted during the reign of maharaja ranbir singh of jind state regarding fixation of guzara (grant) in amount of rs. 5,300/- per annum for meeting the expenses of the aforesaid langer in favour of bhai arjan singh father of the plaintiff on 19th may, 1903. in accordance with this sanad after deduction of rs. 39/12/- the father of the plaintiff was entitled to receive a sum of rs. 5,60/4/ annually. after the death of bhai arjan singh mutation of the said grant was sanctioned in august, 1948. in paras 4, 5 and 6 of the plaint it was pleaded that in terms of the sanads the plaintiffs had been drawing every year on the 1st april a sum of rs. 5,260/4/- form the treasury .....

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Nov 29 1965 (HC)

Ude Chand and ors. Vs. Mst. Rajo

Court : Punjab and Haryana

Decided on : Nov-29-1965

Reported in : AIR1966P& H329

p.c. pandit, j.1. this order, will dispose of two connected letters patent appeals nos. 206 and 231 of 1961.2. one des raj was the owner of 65 bighas and 10 biswas of land and a house in village dharana. tehsil jhajjar, district rohtak. on his death, the land was mutated in favour of his widow, smt. rajo. in november 1954. ude chand and others, who were the collaterals of des raj. brought a suit for possession of this property on the ground that smt. rajo had contracted a karewa marriage with their brother kesho ram and had thus forfeited her rights in the property.the suit was resisted both by smt. rajo and kesho ram and they denied the alleged karewa during the pendency of this suit, a compromise was effected between the parties on 17-6-1955. whereby smt. rajo was allowed to continue in possession of 40 bighas of land till her lifetime and after her death it had to go to the collaterals and kesho ram in equal shares the remaining land viz., 25 bighas 10 biswas. was to immediately pass on to the collaterals and kesho ram in equal shares. as regards the house, it was agreed that it belonged to kesho ram, smt. rajo was left with another residential house which was, however, not the subject matter of the suit, but it was settled that she would have only a life interest therein and after her death it would also go to the collaterals and kesho ram in equal shares. it was also provided in the compromise that smt. rajo would not have the right to alienate the land and the house in .....

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Nov 05 1965 (HC)

Joginder Singh Harnam Singh Vs. Hardial Singh and ors.

Court : Punjab and Haryana

Decided on : Nov-05-1965

Reported in : AIR1967P& H385

orderi.d. dua, j.1. the facts giving rise to the present revision, as disclosed in the orders of the courts below, may briefly be stated. land measuring 21 kanals and 6 marlas belonging to lal singh respondent was mortgaged in favour of joginder singh petitioner, son of harnam singh, in this court for a sum of rs. 1,400/- and the necessary mutation was duly sanctioned on 10-8-1957. on 16-12-1957, mortgagor lal singh executed a bond in favour of the mortgagee for rs. 1,500, in which it was mentioned that he would pay the amount of this bond and redeem the land in suit.lal singh later sold the land to hardial singh and joginder singh, sons of sher singh, who applied to the revenue authorities for redemption of the land. the revenue officer made an order for redemption on payment of rs. 1,400/-. in pursuance of this order, the vendees wanted to take possession of the land after depositing the amount determined in the order. joginder singh instituted the suit out of which the present revision arises for permanent injunction restraining the vendees from taking possession of the land on the allegation that the mortgage amount was rs. 2,900/- and not rs. 1,400/-. in the alternative prayer for recovery of the remaining amount of rs. 1,500/-was also made. from the order of the trial court, it appears that before the revenue officer also, it was asserted by the mortgagee that the land had been mortgaged for rs. 2,900, but this plea was not application was made in the court .....

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