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Judgment Search Results Home > Cases Phrase: mediation Court: punjab and haryana Year: 1974 Page 1 of about 37 results (0.025 seconds)

Jan 31 1974 (HC)

Shiv Charan Singh and ors. Vs. Gram Panchayat, Narike

Court : Punjab and Haryana

Decided on : Jan-31-1974

Reported in : AIR1974P& H283

1. this appeal has been filed by the plaintiffs against the judgment and decree of the subordinate judge, first class, sangrur, dated may 1, 1969. 2. briefly, the facts of the case are that the plaintiffs are joint owners and in possession of the land in dispute. the naib tahsildar, malerkotla, mutated the land in dispute in favour of nagar panchayat narike vide mutation no. 78, on the ground that it was shamlat deh and vested in the nagar panchayat by virtue of the pepsu village common lands (regulation) act, 1954(hereinafter referred to as 'the pepsu act'). in fact, the land was not used for common purposes of the residents of the village and was not a shamlat deh. the plaintiffs who were earlier in possession of the land continued to be in possession thereof as owners even now. shiv charan singh and baljit singh, plaintiffs, filed an application, dated march 23, 1962, before the gram panchayat, stating that the land in dispute has been wrongly shown as shamlat deh and that the gram panchayat had no right to give it on lease. thereafter, the gram panchayat sought the advice of block development officer, malerkotla, on that matter. he wrote to it that the provisions of punjab village common lands (regulation) act, 1961(hereinafter referred to as 'the act') were applicable and that the gram panchayat should apply to the collector for obtaining possession of the land. land measuring 27 bighas and 6 biswas bearing khasra nos. 463, 464, 466 and 468, out of the land in dispute is .....

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May 31 1974 (HC)

Bhagwan Singh Vs. Hardial Singh and ors.

Court : Punjab and Haryana

Decided on : May-31-1974

Reported in : AIR1975P& H256

ordera. d. koshal, j. 1. this petition under section 115 of the code of civil procedure has been filed by bhagwan singh, one of the defendants in a suit for possession of 26 bighas 13 biswas of land situated in village chaunda on the basis of a gift deed and seeks the revision of an order dated the 29th of november, 1971 of the subordinate judge ii class malerkotla, refusing permission to the petitioner to produce secondary evidence of the contents of a document described as a deed of compromise.2. the parties are inter-related as shown in the following pedigree table:-- banjit singh | basant singh | ishar singh | ______________|______________ | | ram singh bhagwan singh defendant defendant no. 2 no. 1 ______________________|___________________________________ | | | | | hardial mukhtiar harbhajan didar jeet singh singh singh singh singh plaintiff plaintiff plaintiff plaintiff defendant no. 1 no. 2 no. 3 no. 4 no. 3it appears that the gift deed abovementioned was the subject-matter of a disputed mutation which was to come up for further proceedings before the concerned roving revenue assistant on the 28th of march, 1963. on that date ishar singh, his son ram singh and the latter's son jeet singh presented to the roving revenue assistant a document of which a certified copy was produced before the trial court. the contents of that copy, when freely translated, run thus:in the court of r. r. a., camp malerkotla.ram singh son of ishar singh, hardial singh, jeet singh, didar singh .....

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Feb 27 1974 (HC)

Swatantra Land and Finance Private Ltd. Vs. the State of Haryana

Court : Punjab and Haryana

Decided on : Feb-27-1974

Reported in : AIR1975P& H52

b.r. tuli, j.1. this petition has been referred to a full bench for decision in pursuance of the order made by a division bench of this court doubting the correctness of the decision of an earlier division bench in hari krishan khosla v. the state of pepsu, ilr (1958) 1 punj 854 = (air 1958 puni 490).2. the facts of the case are that the erstwhile state of punjab issued notifications for the acquisition of some land under sections 4 and 6 of the land acquisition act, 1894. (hereinafter called the act) situate in village itmadpur, tahsil ballabsarh. district gurgaon, for a public purpose, namely, construction of gurgaon canal feeder along agra canal from rd-30,000 to rd-79,200. the land acquisition collector announced his award on march 18. 1966. at ballabsarh, to the persons present and notices under section 12(2) of the act were issued to the other owners who were not present. the petitioner-company claimed that it had purchased some parcels of the acquired land through registered sale deeds dated march 28. june 28, november 11, 1963. and march 26. 1966. from the landowners. the managing director of the companv was informed that zamindars of the village were going to ballabgarh to receive compensation, from the sub divisional officer (civil), palwal. in respect of the land acquired bv the government for the gurgaon canal feeder. he went to ballabgarh and came to know that the entire land, which the company had purchased bv various sale deeds, still stood in the names of land .....

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Apr 08 1974 (HC)

Gurbux Singh and anr. Vs. Smt. Chinti and ors.

Court : Punjab and Haryana

Decided on : Apr-08-1974

Reported in : AIR1975P& H17

tuli, j.1. this appeal under clause 10 of the letters patent is directed against the judgment of a learned single judge d/- 3-9-1973, passed in s. a. no. 103 of 1963. the short point involved in this appeal is whether the gift-deed (exhibit p. 1) amounts to acknowledgment of subsisting mortgage by inder singh in favour of smt. bishni. the facts, which have given rise to the point of law involved in the case, arc that khazana mortgaged land measuring 22 bighas 9 biswas in favour of bhagwana on june 14, 1893, for rs. 650/-. the mutation in respect of that mortgage was sanctioned in 1894. jamabandi for the year 1912-13 (exhibit p. 31) shows that land measuring 17 bighas 15 biswas instead of 22 bighas 9 biswas was under mortgage with chirta son of bhagwana as mortgagee. the mortgagors of that land at that time were attru, dittu and naraina, sons of khazana, and inder singh and arjan singh, sons of harnam singh, another son of khazana, who died in 1898. dittu and naraina died issueless and after their death inder singh and arjan singh to the extent of one-half and attru to the extent of the other half were the mortgagors of the land. attru also died leaving behind smt. bishni, so that she became the mortgagor of one-half of the land of khazana. inder singh and arjan singh purchased mortgagee rights from china in respect of that land and became mortgagees thereof.2. attru son of khazana mortgaged 5 bighas 5 biswas of land for rs. 188/- in favour of balak ram and rama nand with .....

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Mar 14 1974 (HC)

Chandi Ram Vs. the State of Punjab and ors.

Court : Punjab and Haryana

Decided on : Mar-14-1974

Reported in : AIR1974P& H243

d.k. mahajan, j.1. when this petition was admitted, the admitting bench directed that the papers of the case may be laid before the learned chief justice for constituting a full bench as some portion of the decision in ganpat v. jagmal, (1963) 65 pun lr 652, had to be considered. that is how, this petition has been placed before us.2. the facts giving rise to this petition are as follows: 'the land in dispute belonged to munshi ram. munshi ram made an oral gift of the same to his three sons, harbans lal, mathra dass and kewal krishan, on the 16th of march, 1952. before the mutation could be attested, the punjab security of land tenures act punjab act 10 of 1953, (hereinafter referred to as the act) came into force with effect from 15th april, 1953. the mutation of the oral gift was sanctioned on 7th october, 1953. on 11th of january, 1967, chandi ram, the present petitioner, filed three applications for purchase of the land which had been gifted by munshi ram to his three sons under section 18 of the act. three applications were necessitated because there were three donees. these applications were made to the assistant collector. on the 6th september, 1967, harbans lal, mathra dass and kewala krishan field ejectment petitions against chandi ram pleading that they were small landowners and needed the land for self-cultivation. on the 28th march, 1969, the tenant's applications under section 18 of the act were allowed and the ejectment applications of the landowners were .....

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Apr 08 1974 (HC)

Baboo Ram and ors. Vs. Bachni

Court : Punjab and Haryana

Decided on : Apr-08-1974

Reported in : AIR1974P& H343

p.c. pandit, j. 1. the following pedigree table will be helpful in understanding the facts of this case:-- kapoora____________________|_____________________| |harnama telu ram| || shrimati bachni| (daughter) plaintiff__________|___________________________________| | | |babco ram banarsi dass karta ram ramji dassdefendant defendant defendant defendantno.1 no.2 no.3 no4in 1950, telu ram died and his estate was mutated in favour of the sons of harnama in 1952, even though the deceased had left a daughter shrimati bachni. that led to a suit in february, 1960, by bachni for possession of the property in dispute which consists of agricultural land, 18 kanals 131/2 marlas in area, and one house. her case was that telu ram, her father, had separated from his brother harnama somewhere in 1932. the property in question had come to the share of her father and being his daughter, she was entitled to the same. 2. the suit was resisted by the defendants, who, apart from denying the relationship of the plaintiff with the deceased, also pleaded that the property in question was coparcenary and by the rule of survivorship they were entitled to it. the plaintiff, being the daughter, could not get any share in the said property, she being not a member of the coparcenary. another plea taken was that when telu ram died, he had occupancy rights in the land in dispute, which devolved on them alone under section 59 of the punjab tenancy act, 1887. so far as the house was concerned, it was alleged .....

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Mar 14 1974 (HC)

Hazari and anr. Vs. Roop Narain

Court : Punjab and Haryana

Decided on : Mar-14-1974

Reported in : AIR1974P& H347

1. this is an appeal filed by hazari and another, plaintiffs against the judgment dated january 14, 1972 of the senior sub-judge, gurgaon dismissing their appeal with costs against the judgment and decree dated april 14, 1971, of sub-judge ii class, gurgaon, whereby he dismissed their suit for declaration against the defendant. 2.the following pedigree table will be useful in understanding the facts of this case:- bhiman_________________________|_________________________| | |hazari (plaintiff no. 1) kundan alias kundan lal ramji lal(plaintiff no. 2)|roop narain(defendant-respondent)3. the facts of this case are that ramji lal, who is the father of rup narain respondent-defendant was adopted as his son by his material grand-father rur mal, resident of rajasthan about 60 years ago. bhiman, the common ancestor of the parties to the suit died in or about the year 1910, but in spite of the adoption of ramji lal, the revenue authorities mutated the land of bhiman in equal shares in the names of his three sons, hazari, kundan and ramji lal on december 17, 1910, vide copy of the mutation order. exhibit d-6, ramji lal died and his shares in this land was mutated in the year 1921 in the names of his two sons, rup narain and shiv datt vide exhibit d-8. shiv datt son of ramji lal died without issue and on his death his share in the land was mutated in the name of his widow mst. kaushalya. the death of mst. kaushalya took place in the year 1946 and her share in this land was mutated by .....

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Apr 26 1974 (HC)

Sardara Singh and anr. Vs. Harbhajan Singh and ors.

Court : Punjab and Haryana

Decided on : Apr-26-1974

Reported in : AIR1974P& H345

mahajan, c.j.1. this is an appeal under clause x of the letters patent and is directed against the decision of a learned single judge of this court affirming on appeal the decision of the lower appellate court reversing the decision of the trial court.2. sardara singh, dara singh and chanan singh jointly owned a large tract of land in village ahrwan. the share of chanan singh in this land was 1/4th. he exchanged an area measuring 213 kanals 11 marlas out of the joint holding with harbhajan singh, sucha singh, har randhir singh and balbhadar singh, for 206 kanals 2 marlas, in the same village. this exchange was oral. a mutation of the exchange was entered and the same was attested on april 10, 1965. sardara singh and dara singh, filed a suit challenging this exchange and for possession of the land exchanged. they pleaded that the oral exchange was invalid and as it had been effected to injure their interests, it be set aside and the possession of the land decreed in their favour. this suit was contested by harbhajan singh, sucha singh. har randhir singh and balbhadar singh. they maintained that oral exchange was permissible and it suffered from no infirmity. they further pleaded that the exchange had not been obtained either by fraud or by misrepresentation. on the pleadings of the parties, the trial court framed the following issues:1. whether the transaction of exchange in dispute is liable to be set aside on the grounds mentioned in para no. 4 of the plaint? 2. whether the .....

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Jan 17 1974 (HC)

Mohinder Singh and anr. Vs. the Financial Commissioner Punjab and ors.

Court : Punjab and Haryana

Decided on : Jan-17-1974

Reported in : AIR1974P& H258

order1. this judgment will dispose of civil writs nos. 563, 564 and 565 of 1972 which are against the same order of the financial commissioner, punjab, chandigarh dated november 19, 1971.2. the facts as given in civil writ no. 563 of 1972 are the pal singh, father of the petitioners, was tenant of raja baldev singh, who was a big landowner. he cultivated land comprising khatauni no. 24 khewat no. 6, rectangle no. 9, killas nos. 9, 22/2, rectangle no. 22, killas nos. 2, 3/1, 3/2, 4/1, 4/2, 6/1, 7/1, 8/1, 9/1, measuring 35 kanals 11 marlas situated in village mahiud-din pur gazzi, tehsil dasuya, district hoshiarpur from kharif, 1951 till kharif, 1965. he died in february, 1965 and the petitioners continued cultivating the same till today. raja baldev singh gifted 25 standard acres 8 units of land in favour of respondent 5 sanjogta devi, widow of his pre-deceased son nardev chand, and the remaining land in favour of his son barjesh chander vide mutation nos. 142 and 141 dated october 28, 1958. the petitioners made an application, against respondent 5, to respondent no. 4, the assistant collector, 1st grade dasuya on march 12, 1965 for the purchase of the land above-mentioned. the assistant collector decided the application in favour of the petitioners on july 30, 1966(copy annexure 'b') and ordered that they could purchase the land in dispute on payment of rs. 2282.31 paise. respondent no. 5 shrimati sanjogta devi went up in appeal before the collector, hoshiarpur (respondent no .....

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Oct 14 1974 (HC)

Munshi Ram and ors. Vs. Radha Kishan (Decd.) and ors.

Court : Punjab and Haryana

Decided on : Oct-14-1974

Reported in : AIR1975P& H112

muni lal verma, j.1. smt. naraini mortgaged land, measuring 69 kanals, 13 mar-las, with radha kishan for rs. 634/- on phagun 7, 1994. bk. she died leaving behind her daughter smt. bhagi. she (smt. bhagi) too died leaving behind her sons, viz., ved parkash alias baldev raj (respondent 2), munshi ram and har bhag-wan. and two daughters, viz., smt. bhan devi and vidya devi. baldev raj died issueless. he had sold his share in the land to ranjodh singh, ranjit singh, ranbir singh and surjit kaur. har bhag-wan died leaving behind his widow, smt. barma devi, son mahesh chand, and daughters narma devi and bimla devi, who are respondents in this appeal. radha kishan had died during the pendency of this appeal and his adopted son sukhdevdass had been brought on record in his place.2. on august 9, 1966, radha kishan brought suit for possession of the aforesaid land, alleging that it had been mortgaged with him for more than sixty years back and he had been in its possession. it was averred that some of the mortgagors had made an application for redumption of the land under the provisions of the redemption of mortgages (punjab) act ii of 1913, which was dismissed by the collector, bhatinda. on december 19, 1963. and thereafter the suit brought by them under section 12 of the said act had been withdrawn and was consequently dismissed, and that the mortgagors had taken forcible possession of the land some time or about the year 1965. ranjodh singh, ranjit singh. ranbir singh and surjit .....

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