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Judgment Search Results Home > Cases Phrase: mediation Court: punjab and haryana Year: 1994 Page 1 of about 158 results (0.075 seconds)

Dec 13 1994 (HC)

Jai Prakash Vs. State of Haryana

Court : Punjab and Haryana

Decided on : Dec-13-1994

Reported in : II(1995)DMC142

..... questions put to him. it dearly shows that if there is a complaint made by the deceased to the parents in regard to the harassment, there would have been some mediation of the panchayat or being informed to the relative so that the accused-appellant would have been advised to behave properly but p.w. 1 himself admitted that he did .....

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Feb 01 1994 (HC)

Smt. Ram Devi and ors. Vs. Jagdish Chander

Court : Punjab and Haryana

Decided on : Feb-01-1994

Reported in : (1994)107PLR175

v.k. bali, j.1. during the pendency of this regular second appeal which arises from judgment and decree passed by the trial court decreeing the suit of plaintiff jagdish chander and so confirmed by the first appellant court, this application under section 65 of the indian evidence act for permission to lead secondary evidence so as to prove the will set up in the written statement has been filed. notice of this application was given to plaintiff-respondent, who has filed reply and opposed the prayer contained in the application.2. before the plea raised by mr. c.b. goel, advocate assisted by mr. anil khetarpal, advocate, learned counsel for the applicant for allowing the application aforesaid is dealt with, it will be useful to trace briefly the facts of the case. jagdish kumar @ jagdish chander respondent (here-in-after to be referred as plaintiff) filed suit for declaration. the burden of his plaint was that he, satish kumar and wazir chand sons of shri pokhar dass were three brothers. wazir chand died leaving behind his widow, ram devi, son of par-veen kumar and three daughters, sunita rani, narbta rani and veena rani. pokhar dass was owner of agricultural land comprised in khewat no. 469/443, khatoni no. 1000, fully detailed in the plaint. he was owner of some other property as well which too has been described in the plaint. it was pleaded that the property was ancestral qua him and defendants and there used to be daily disputes with regard to management and control of .....

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Sep 21 1994 (HC)

Gram Panchayat Kathemajra Vs. Union of India (Uoi) and ors.

Court : Punjab and Haryana

Decided on : Sep-21-1994

Reported in : (1994)108PLR580

jawahar lal gupta, j.1. civil writ petition nos. 4889 of 1986 and 627 of 1987, were ordered to be heard together by the motion bench. in the former case, the gram panchayat of village kathumajra, is the petitioner. it prays far the quashing of the sanad/letter of allotment dated october, 10,1985 and the subsequent transactions and mutations etc. sanctioned in favour of respondents nos. 5 to 10. in the latter case, the residents of village manglore, challenge the order dated june 14, 1983 by which a mutation of the land was sanctioned in favour of the central government as also the allotments or transfers effected in favour of various persons. learned counsel for the parties have referred to the facts in civil writ petition no. 4869 of 1986 and are agreed that both the petitions can be disposed of by one order. in view of this position, the facts as stated in civil writ petition no. 4889 of 1986, may be briefly noticed.2. the petitioner-gram panchayat avers that the village kathamajra was owned by certain muslim right holders and after the partition, they left india. the shamlat land in the village was managed and possessed by the gram panchayat. relying on the jamabandi for the year 1981-82, it has been averred that the petitioner is in continuous ownership of the, land measuring 245 kanals 70 marlas. it is petitioner's case that on the promulgation of the punjab village common lands (regulations) act, 1954, it became the owner of the land in dispute by operation of law. this .....

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Mar 29 1994 (HC)

Dhan Kaur @ Dano and ors. Vs. Major Singh and anr.

Court : Punjab and Haryana

Decided on : Mar-29-1994

Reported in : (1994)107PLR745

s.k. jain, j.1. smt. dhan kaur, smt. gurdial kaur and smt. surjit kaur alias sito filed civil suit no. 313 of 26.9.1978 against major singh and bhagwan kaur for a decree of possession of 3/4 share of the land, fully described in the plaint, situated in village ramuwala karchoka, tehsil moga. it was pleaded that hazara singh son of shri. fateh singh was owner of the suit land. plaintiffs and defendant no 2 are his daughters whereas defendant no. 1 is the son of the defendant no. 2. hazara singh died in the year 1976. he had no son and his wife had pre-deceased him. defen dant no. 1 was in possession of the suit land. he filed a suit against the plaintiffs on 5.11.1976 for permanent injunction restraining them from forcibly dispossessing him. that suit was dismissed in 1977. in the same year, he again filed a suit for declaration that he was owner of the suit land. that suit was dismissed as withdrawn. the plaintiffs have also put forth a will allegedly executed by hazara singh in their favour and that of defendant no. 2 according to which also they were entitled to 3/4th share in the land.2. the defendants contested the suit and denied everything under the sun. their case is that hazara singh executed a registered will on 26.9.1974 in favour of defendant no. 1 thereby bequeathing his entire property in his favour. it was contended on their behalf that the suit for declaration had been withdrawn because the inheritance of hazara singh had been sanctioned in favour of defendant .....

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Mar 07 1994 (HC)

ishwar Dayal and ors. Vs. Smt. Shanti Devi and ors.

Court : Punjab and Haryana

Decided on : Mar-07-1994

Reported in : (1994)107PLR316

s.k. jain, j.1. plaintiffs purchased land comprised of khasra nos. 1588 and 1589 situated in the area of village gannaur, tehsil and district sonepat, vide sale deed dated 24.4.1950. consolidation of holdings took place in the village and land measuring 7 kanals - 2 marias bearing khasra nos. 509 and 511 was allotted to them in lieu of their old holding. through a registered gift deed, they transferred 2 kanals - 13 marias out of the said land in favour of mandir sanatan dharam sabha of which ram gopal was the manager at the relevant time. the said ram gopal in collusion with the lower revenue staff got himself entered as co-sharer in possession of 2 kanals-17 marias i.e. 1/3rd share of the total holdings, in the record of rights. so, a decree of declaration to the effect that they were owners in possession of land measuring 4 kanals 9 marias, fully described in the head note of the plaint and in the alternative, a decree for possession was sought. during the pendency of the suit, ram gopal defendant no. 1 having died, his legal representatives defendants no. 1-a to 1-j were brought on the record. defendant no. 2 being transferee from ram gopal was also arrayed as party.2. the case of the contesting defendants is that ram gopal was in possession as owner of 1/3rd share to the total land from the year 1952 to the knowledge of the plaintiffs and their predecessors but they never objected to the same. defendant no. 2 had purchased the land in dispute from ram gopal by way of .....

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Mar 24 1994 (HC)

Raj Rani Vs. Radhey Shyam and anr.

Court : Punjab and Haryana

Decided on : Mar-24-1994

Reported in : (1994)107PLR681

s.k. jain, j.1. plaintiffs radhey sham, rajinder nath sharma and suridner nath sharma are the sons and smt. raj rani is the daughter of chander bhan who died on 10.2.1979. his wife pre-deceased him somewhere in the year 1956. he owned and possessed 15/16 share in the agricultural land fully described in para no. 1 of the plaint. the plaintiffs filed civil suit no. 555/1986 on 18.7.1983 for a decree of declaration to the effect that they were owners in possession of 3/4th + 3/16th = 15/16th share in suit land bearing khewat no. 2744, khatauni no. 3369, killa nos; 3802/1702, measuring 2 bighas 3 biswas situated within the revenue estate of gurgaon, tehsil and district gurgaon, against their sister the defendant. it was pleaded that they constituted a joint hindu family with their father chander bhan. they were brahamin by caste and governed by hindu law in the matters of alienation in succession and chander bhan was karta of joint hindu family property and the plaintiff being coparceners had interest in the suit land by virtue of their birth and survivorship. on the death of chander bhan they being coparceners become owners of 15/16 share in the property left by him and the defendant was entitled to only l/6th share according to hindu succession act. the municipal limits of gurgaon municipal committee having been enlarged the land in dispute has ceased to be agricultural land. it was further pleaded in the suit that chander bhan in his life time had divided the suit land in .....

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Apr 19 1994 (HC)

Danat Kaur Alias Sant Kaur Vs. Harbans Kaur

Court : Punjab and Haryana

Decided on : Apr-19-1994

Reported in : (1994)108PLR525

s.k. jain, j.1. banta singh son of shri bute singh owned 1/4th share in agricultural land measuring 154 kanals 6 marias, fully described in the plaint. hedied on 11.12.1981 at village makorar. his estate was mutated in favour of his daughter harbans kaur, plaintiff herein, on 14.01.1982. pleading that danat kaur defendant by making misstatement got the mutation of the estate of banta singh sanctioned in her favour and that of the plaintiff on her back and on its strength wanted to alienate the property in dispute. the plaintiff fifed civil suit no. 116 of 4.2.1982 for a decree of declaration to the effect that she was the owner of l/4th share in the suit land and for permanent injunction thereby restraining the defendant from alienating the same. the suit was contested by the defendant. she admitted that banta singh was the owner in possession of the land in dispute and that he had died. she asserted that she and the plaintiff were the daughters of the deceased and that the mutation of the inheritance of banta singh had rightly been sanctioned in favour of both of them, and they were the owners of the land in dispute to the extent of 1/2 share each.2. parties fought the litigation on the following issues:-(1) whether the plaintiff is the only legal heir of banta singh? opp(2) whether the plaintiff is the owner in possession of the disputed property? opp(3) whether the plaintiff is entitled to the injunction prayed for? opp(4) whether the plaintiff has no locus standi to file .....

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Mar 02 1994 (HC)

Mansa Vs. the Financial Commissioner and ors.

Court : Punjab and Haryana

Decided on : Mar-02-1994

Reported in : (1994)107PLR561

g.r. majithia, j.1. this order disposes of civil writ petition no. 3928 of 1980, regular second appeal no. 2914 of 1980 and regular second appeal no. 2915 of 1980.2. in civil writ petition no. 3928 of 1980, mansa son of bhollar has challenged the order of the financial commissioner, haryana, passed in r.o.r.no. 38 of 1976-77 and r.o.r. no. 40 of 1976-77 decided on september 25, 1979. in regular second appeal no. 2914 of 1980, ram chander son of bhollar (original land-lord) has challenged the appellate order passed by the additional district judge, jind affirming on appeal the order of the trial judge decreeing the suit of the plaintiffs respondents for possession of the disputed land. similarly, in regular second appeal no. 2915 of 1980 mansa son of bhollar (original land lord) has challenged the appellate order passed by the additional district judge, jind affirming on appeal those of the trial judge, where the suit of the plaintiffs for possession was decreed.3. mansa and phulla sons of shadi filed an application under section 18 of the punjab security of land tenures act (for short, the act) for purchase of land comprised in rectangle no. 80, khasra nos. 9,10 to 17, situated in village dhatrath, tehsil jind. the application was allowed by the assistant collector 1st grade, jind vide order, dated may 15, 1974. bhollar unsuccessfully challenged the order in appeal before the collector. the appeal was dismissed vide order, dated september 25, 1974. the appellate order was .....

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Jul 07 1994 (HC)

Gujjar Singh Vs. Kaur Singh

Court : Punjab and Haryana

Decided on : Jul-07-1994

Reported in : (1995)109PLR327

n.k. kapoor, j.1. this is defendants' regular second appeal against the judgment and decree of the addl. district judge reversing the judgment and decree of the trial court whereby the suit of the plaintiffs was ordered to be dismissed with costs.2. brief facts are as under. plaintiffs filed a suit for declaration to the effect that the order dated 6.8.1976 passed by the s.d.o. (civil) exercising the powers of allotment authority under the haryana utilisation of surplus and other areas scheme 1976, is null and void, without jurisdiction and in operative qua the ownership rights of the plaintiffs and also the order of naib tehsildar, surplus area is null and void as the same was passed without issuing any notice to the earlier landowners with a further prayer that the plaintiffs be put in possession, having been dispossessed in may, 1985. as per narration in the plaint, the plaintiffs are stated to have purchased the land from baldev singh s/o jagir singh who got it from the original owner smt. daya kaur in the year 1974. since no notice was given to aforesaid baldev singh by the collector surplus area or allotment authority-cum-prescribed authority declaration of surplus area and order of utilisation being contrary to the provisions of the punjab security of land tenures act as well as the provisions contained in the haryana ceiling on land holdings act read with the haryana utilisation of surplus and other area scheme, 1976, does not bind the plaintiffs in any manner. thus, .....

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May 04 1994 (HC)

Jang Singh and ors. Vs. Jai Singh and ors.

Court : Punjab and Haryana

Decided on : May-04-1994

Reported in : (1995)109PLR355

ordern.k. kapoor, j.1. this is defendants' regular second appeal against the judgment and decree dated 30th march, 1989 passed by the addl. district judge, faridkot by which appeal filed against the judgment and decree dated october 27,1987 was dismissed.2. briefly the facts as noticed by the addl. district judge are as under:-jai singh etc. filed a suit against dhan kaur etc. for the declaration that the plaintiffs have become the owners in possession of the land bearing khasra nos. 83/23/2(5-6), 24(7-7), 25(0-18), measuring 13 ks. lim. and 3/4th share of land measuring 34 ks. 7.m. out of 45 k. 16 m. out of land bearing khasra nos. 26/21 (8-0), situated in the revenue estate of village rode, tehsil moga, as entered in the jamabandi for the year 1977-78, on the ground that rulia son of fauja singh sold mortgagee rights in respect of the part of the suit land in favour of dasondha singh son of vir singh, prcdecessor-in-interest of the plaintiffs vide mutation no. 1449 dated 19.5.1920, santa singh son of rulia singh mortgaged with possession some of the suit land in favour of dasondha singh predecessor of the plaintiffs vide mutation no. 4005 dated 29.5.1946. the present suit land was carved out from the. land which was mortgaged by rulia singh and santa singh during consolidation. dasondha singh has died and he has been succeeded by the plaintiffs. santa singh died leaving behind chanda singh, his only son of chand singh who died on 21.7.1982, leaving behind dhan kaur .....

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