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Judgment Search Results Home > Cases Phrase: mediation Court: punjab and haryana Year: 1981 Page 1 of about 43 results (0.086 seconds)

Aug 21 1981 (HC)

Karam Singh Vs. Jagta and ors.

Court : Punjab and Haryana

Decided on : Aug-21-1981

Reported in : AIR1982P& H51

1. dalip singh was the last male-holder who owned about 57 kanals and 3 marlas of land in village golewal, tehsil garhshankar, district hoshiarpur. on his death, mutation was recorded in favour of karam singh defendant on the basis of a registered will dated 22nd aug. 1963 and he also entered into possession of the land left by dalip singh. jagta, son of dalip singh. filed the present suit for possession on the basis that the land held by dalip singh was ancestral that he was his sole heir being his son and that after the death of dalip singh. karam singh and his two brothers entered into forcible possession of the land in dispute after getting mutation sanctioned in favour of karam singh on the basis of some will which dalip singh had never executed nor was he entitled to do so under the custom. certain other pleas were also raised with which we are not concerned at this stage. karam singh, defendant, contested the suit and pleaded that dalip singh had executed the will in his favour in a sound and disposing state of mind and the same was rightly given effect to by the revenue authorities while sanctioning the mutation. it was also pleaded that shmt. kartari was daughter of dalip singh who was later on impleaded as defendant no. 4 and in any event she would be entitled to half of the property; and therefore, suit of the plaintiffs could not be decreed for the entire land. the trial court found that the plaintiff was son of dalip singh and shmt. kartari defendant was daughter .....

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Dec 09 1981 (HC)

Bara Singh and ors. Vs. ChaIn Singh and ors.

Court : Punjab and Haryana

Decided on : Dec-09-1981

Reported in : AIR1982P& H198

1. the point of substance which arises in this appeal is the effect of a pre-emption decree obtained by a co-sharer in a civil suit filed by another co-sharer to pre-empt the same sale which had not been decided by the time the earlier pre-emption decree was passed.2. on 13th june, 1966 harnam singh sold certain agricultural land to chain singh and his sons for rs.20,000/-. on 12th june, 1967, bara singh and others filed a suit to pre-empt the aforesaid sale as a co-sharer. on the following day, namely, 13th june, 1967, charan singh and others yet filed another suit to pre-empt the same sale as co-sharers. in the suit filed by charan singh and others the vendees conceded the claim with the result that on 2nd of december, 1967 the suit for pre-emption filed by charan singh and others was decreed. in pursuance of the decree, the pre-emption amount was deposited and possession was obtained on 17th june, 1968. when bara singh and others (plaintiffs in the other pre-emption case) came to know of the aforesaid decree and taking over of possession by the rival pre-emptors, they amended the suit and impleaded charan singh and others as defendants and challenged the pre-emption decree obtained by them. both the courts below came to the conclusion that charan singh and others had the right of pre-emption as co-sharers and were substituted in place of the vendees. since the rival pre-emptors were substituted in the place of vendees, bara singh and others who are plaintiffs in the other .....

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Oct 14 1981 (HC)

Union of India and ors. Vs. Arshad

Court : Punjab and Haryana

Decided on : Oct-14-1981

Reported in : AIR1982P& H106

1. yusuf and arshad, two brother, owned the property in equal shares at the time of partition which took place in the year 1947. arshad continued to be in possession of the share of both till 1966 when he applied to the revenue authorities for sanctioning the mutation of the share of yusuf in his favour on the ground that he (yusuf) was not heard of for more than seven years and, therefore, he was his next heir. on 25th may, 1966, the mutation was rejected on the ground that may be yusuf had died in india as suggested by arshad or may have gone to pakistan. after the mutation as rejected, arshad filed the present suit for declaration that he was owner of the share of land once held by yusuf as during the disturbances of 1947 he had gone to delhi and died thereafter and since he was not heard of for a long time, thereafter, he would be his next heir and that the revenue authorities were in error in rejecting the mutation. the union of india, through the custodian department, was impleaded as defendant to oppose the suit. the trial court dismissed the suit on raising a presumption that yusuf must have migrated to pakistan due to communal disturbances as he must have thought to adopt this course for his safety. on plaintiff's appeal, the learned district judge decreed the suit after taking notice of the fact that the ownership of both the brothers was recorded in the revenue papers right from the year 1944-45 to 1965-66, which clearly goes to suggest that the custodian .....

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Oct 22 1981 (HC)

Sis Ram Vs. Sukh Lal and ors.

Court : Punjab and Haryana

Decided on : Oct-22-1981

Reported in : AIR1982P& H185

1. the plaintiff-appellant has filed this appeal against the judgment and decree of the additional district judge, karnal, dated july 24, 1970, whereby the decree of the trial court dismissing his suit was maintained.2. the appellant filed a suit against sukh lal and others defendants-respondents, for a declaration to the effect that he had become the owner of one-half share of the suit land and that the sale of a portion of the said land by shrimati patori in favour of sukh lal, respondent, on june 6, 1968, was not binding on him. it was alleged in the plaint that data ram was the original owner of the land and he mortgaged orally the suit land in favour of jawahra for a sum of rs.440/- for which the mutation was sanctioned on nov. 30, 1903. it was alleged that data ram died before 1947, and the appellant, sukh lal, respondent, and several others being his heirs, became the mortgagors qua the suit land. it was also alleged that jawahra mortgagee also died before 1947 and hardeva and others became the mortgagees being the heirs of jawahra. the appellant and sukh lal, respondent, filed an application in the court of the revenue assistant, karnal, against the mortgagees for redemption of the mortgage and also deposited rs.440/-. by order of the revenue assistant dated may 8, 1947, the redemption was ordered in favour of the appellant and sukh lal, respondent. it was further alleged that the share of the mortgagors other than the appellant and sukh lal, respondent, came to be .....

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Jun 04 1981 (HC)

Budhi Parkash Yadav Vs. K.C. Sharma and anr.

Court : Punjab and Haryana

Decided on : Jun-04-1981

Reported in : 1981CriLJ993

orderajit singh bains, j.1. these two criminal revisions nos. 147 of 1981 and 234 of 1981, will be decided together by this common judgment as these arise out of the same incident and the same order of the trial court.2. the facts giving rise to these petitions are as follows:budhi parkash yadav and om prakash, complainants, are both advocates practising at rewari. they filed separate complaints under sections 323, 324, 342. 504, 506, 147, 148, 149 and 120b, indian penal code, which are pending in the court of additional sessions judge, narnaul. it is alleged that on 20th of february, 1980, surat ram girdawar was caught red handed while taking bribe from the persons who had come to get their mutation sanctioned within the premises of the tehsil through shri om parkash advocate and a case was registered against the girdawar. the sub-divisional officer (civil) had interfered illegally; that when the complainant om prakash asked the sub-divisional officer (civil) to allow the law to take its own course; and that the sub divisional officer (civil) misbehaved with them and threatened them to take them in custody and he got a false case registered against the complainants.3. on february 20, 1980, the advocates decided not to appear in the court of sub divisional officer (civil) for an indefinite period as a result of which he became more enraged and after instigation joined with him patwari union and the deputy commissioner; that on february 23, 1980, at about 4 p.m., on the .....

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Nov 20 1981 (HC)

Jagir Singh Vs. Baboo Singh and ors.

Court : Punjab and Haryana

Decided on : Nov-20-1981

Reported in : AIR1982P& H202

1. this appeal has been filed by defendants nos. 1 and 2 against the judgment and decree of the district judge, hoshiarpur, dated 5th jan., 1971, affirming the judgment of the trial court.2. briefly, the facts are that narain had three daughters, namely, smt. nami, smt. parmeshwari and smt. chinti, and no male issue. he gifted the property in dispute in favour of the three daughters and the mutation was sanctioned in their favour on 16th july, 1919. tara singh and bachitter singh, near collaterals of narain, filed a usual declaratory suit challenging the gift. it was dismissed by the trial court. the collaterals went up in appeal before the district judge where the compromise was arrived at between the parties, according to which the appeal was allowed and a decree for declaration was granted to the effect that the gift would not affect the reversionary rights of the plaintiffs after the death of narain donor in respect of half of the land gifted and in respect of the other half, the donees would have no power of alienation and it would revert to the plaintiffs on the death or remarriage of the last survivor of the three daughters.3. narain died somewhere in 1927-28 and after his death the two plaintiffs in that suit, namely, tara singh and bachitter singh took possession of half of his property from the daughters. the other half of the property, after the death of smt. parmeshwari and smt. chinti, came to smt. nami. she gifted the same vide registered gift-deed to her .....

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Jan 16 1981 (HC)

Lala Ram Vs. R.R. Bainswal and ors.

Court : Punjab and Haryana

Decided on : Jan-16-1981

Reported in : 1981CriLJ981

orderm.m. punchhi, j.1. this is a petition under section 482, criminal procedure code, invoking the inherent jurisdiction of this court to quash the proceedings under section 145, cr. p.c. pending before the sub-divisional magistrate, ballabhgraph. it has arisen thus:one parshadi had three sons; lala ram, the petitioner, inder whose widow was murti and the third budha. some suggestion has been made that murti, the widow of inder, had married budha. budha executed a will in favour of murti with regard to his estate. on his demise, a tug of war started between lala ram petitioner on the one side and murti-respondent on the other. the estate of budha was mutated in favour of lala ram and smt. murti in equal shares by the assistant collector 1st grade, ignoring the will. on appeal, the collector mutated the estate in favour of lala ram to the exclusion of smt. murti. on second appeal, the orders of the officers below were set aside by the commissioner and the case was remanded for fresh decision. lala ram petitioner is now before the financial commissioner, haryana, so as to challenge the orders of the commissioner and the matter is stated to be pending.2. in the avenue of the civil court, shmt. murti respondent on 18-12-1978, filed a suit for injunction seeking restraint against lala ram to interfere in her possession. an ex parte status quo was ordered which was confirmed by the civil court on 16-3-1979. it has been stated that shmt. murti on the other hand created 99 years .....

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Mar 26 1981 (HC)

Krishan Devi and anr. Vs. Gian Kaur and ors.

Court : Punjab and Haryana

Decided on : Mar-26-1981

Reported in : AIR1981P& H224

order1. this revision petition has been filed by the plaintiffs against the order of the subordinate judge 1st class, anandpur sahib dated 9th may, 1980, dismissing their application to lead secondary evidence of the sale deed executed by telu alias chanan singh in favour of the plaintiffs.2. briefly, the case of the plaintiffs is that telu alias chanan singh executed a sale deed in respect of land measuring 34 kanals 9 marlas in favour of the plaintiffs for a consideration of rs. 14,000 on 21st december, 1971, and got the same registered on 27th december, 1971. telu alias chanan singh died in 1974. the plaintiffs after his death filed a suit for declaration that they were the owners and in possession of the suit property the suit was contested by the defendants. at the time of leading evidence the plaintiffs filed an application that the original sale deed had been lost and that they should be allowed to produce the secondary evidence. the application was disorder. they have come up in revision against the order to this court.3. it is contended by the learned counsel for the petitioner that the sale deed was executed by telu alias chanan singh in favour of the plaintiffs on 21st december 1971 and he got it registered before the sub-registrar, anandpur sahib on 27th december, 1971. a copy of the original sale deed was given by the executor of the document which was pasted in the register of the sub-registrar. he further argues that it is evident from the statement of kishori .....

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Nov 25 1981 (HC)

Puran Singh Vs. Ram Lok and ors.

Court : Punjab and Haryana

Decided on : Nov-25-1981

Reported in : AIR1983P& H162

1. this appeal has been filed by puran singh, defendant 1, against the judgment and decree of the additional district judge, ropar, dated 31st aug., 1970.2. briefly, the case of the plaintiffs is that thakar son of ram ditta was the owner of the land and after his death, it was inherited by his widow smt. karmi defendant as a life tenant. she sold the property to puran defendant, vide registered sale deed dated 12th june, 1944, for a sum of rs. 4,000/- . it is alleged that the sale was without consideration and legal necessity. it is further alleged that after the sale of the property, she contracted karewa with one prita and, therefore, lost her right in the property. consequently, a suit for possession was filed by the plaintiffs who are members of the proprietary body of the village under o. i, r. 8, c. p. c.3. puran singh defendant contested the suit and inter alia pleaded that the property was not inherited by smt. karmi from her husband, that the sale was for consideration and legal necessity and that she had not contracted karewa. some other plea were also raised but they do not survive in the appeal.4. the learned trial court held that the property was inherited by smt. karmi from her husband, that the sale was for legal necessity to the extent of rs. 550/- , and that smt. karmi had contracted karewa. it further held that the plaintiffs being the members of the proprietary body of the village, had no right to file the suit. in view of the finding that the plaintiffs .....

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Apr 08 1981 (HC)

Lal Singh Vs. State of Panjab and ors.

Court : Punjab and Haryana

Decided on : Apr-08-1981

Reported in : 1981CriLJ1069

s.s. sandhawalia, c.j.1. whether the state 'government can review or recall its decision under section 378 of the code of criminal procedure, 1973 to prefer an appeal against an order of acquittal, before its actual presentation in the high court is the somewhat significant question which falls for determination before this full bench,2. the facts giving rise to the issue though of somewhat political prominence, lie in a narrow compass. on the baisakhi day of april 1.3, 1978, a gruesome incident took place near the railway stadium, amritsar, in which as many as 17 persons, including dharam-vir singh, the son of lai singh petitioner, lost their lives. consequent thereto a criminal case was registered in which baba gurbachan singh (now dead), the then head of the nirankari sect, and sixty respondents were challaned and committed to sessions to stand their trial on the charges of murder, criminal conspiracy and other allied offences. later, under the orders of the supreme court of india the case was transferred to the court of session at karnal for trial. mr. r. s. gupta, the learned sessions judge, karnal, by his judgment dated january 4, 1980, acquitted all the accused persons.3. the petitioner avers that he is an illiterate old man of about 70 years, who has suffered a cruel blow by the death of his son and is otherwise unaware of the intricate procedure of law and statutory requirements. he had first learnt that the state government had decided to appeal against the order of .....

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