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Jan 20 1949 (PC)

Shibia Vs. Jhaklu

Court : Himachal Pradesh

Reported in : AIR1949HP31

Bennerji, J.C.1. This is an appeal from a judgment and decree dated 18th Phagun, 2002, of the High Court, Nahan, reversing a judgment and decree of the District Judge, dated 14th Bhadon,. 2002, and thereby decreeing the suit. The plaintiff brought a suit for pre-emption, alleging that he bad a better right than the defendant to acquire, by way of purchase, the suit property from the vendor. The defendant resisted the suit on the ground that he had purchased the property from the vendor and his mother. The property in suit had been given to the vendors by way of gift. The defendant further alleged that he was also a reversioner and as such his rights could not be challenged by the plaintiff. The learned District Judge dismissed the suit on the ground that the donor was still alive and, therefore, the donee could sell the property to the defendant or to any one else, the donee pleased.2. On appeal, the learned Chief Justice found that the plaintiff and the defendants were no doubt Bandhu...

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Dec 11 1948 (PC)

Dhurvh Dev (Minor) Vs. Kishori Lal

Court : Himachal Pradesh

Reported in : AIR1949HP6

ORDERBannerji, C.J.1. This application comes before me by way of review from the judgment of the Ruler exercising the final authority in all judicial matters as Ijlas-i-Alia under Section 3, Mandi State Courts Act, I [1] of 2002 B.2. The learned advocate on behalf of the petitioner argues that it is competent for Chief Commissioner to entertain this review under Section 4 of the said Act. Though the Ijlas-i-Alia shall consist of His Highness the Ruler, His Highness may in his discretion determine and appoint a Judicial Committee to hear and decide such appeals, revisions or petitions as may, by order of His Highness, be sent for disposal.3. His Highness the Ruler had appointed a Judicial Committee which heard and decided the appeal and made their recommendation to His Highness.4. His Highness, however, did not accept the recommendation and himself decided the case which the learned advocate argues he could not do after having set up a Judicial Committee under Section 5 of the said Act;...

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Oct 13 1948 (PC)

Jai Kissen and anr. Vs. Mt. Ram Rakhi

Court : Himachal Pradesh

Reported in : AIR1950HP12

Bannerji, J. 1. This is a reference made by the Bagbal Darbar under the provisions of Baghal State Courts Act, 1942, against a judgment and decree dated 22nd October 1945 of the Chief Judicial Officer, Arki, which reversed a judgment and decree dated 19th September 1944 of the District Judge, Baghal State and thereby decreed the suit. 2. The facts in brief are aa follows; One Mt. Bam Rakhi brought a suit in forma pauperis against her father-in-law, Jai Kissen, defendant 1 and her deceased husband's brother, Baran Dat, defendant 2, in the Court of the District Judge, Baghal State, for maintenance for a period of 10 years preceding the suit, at the rate of RS. 20 per month. 3. She alleged that her husband Vidya Dhar had died 10 years ago and she had a daughter about 13 years old by him. She had an illegitimate son aged 9 years born to her by defendant 2, Baran Dat, brother of her late husband. She was turned out of the house by her father-in-law a few months before the birth of this son....

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