SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1952 Supreme(All) 262

KAUL, GURTU
Prabhunath – Appellant
Versus
Khadijatul Kubra – Respondent


Advocates:
Hyder Husain and H.N. Misra, for Appellant; R.K. Agnihotri and Akhtar Husain, for Respondents (Nos.1 and 3 respectively) B.K. Dhaon, and B.N. Roy, for the State.

Judgement

GURTU, J. :- This is a Court-fee matter which arises in this way. The superior proprietary rights in a village were sold. Three suits for pre-emption were thereafter filed being numbered 4, 5 and 13 of 1945. Suit No.5 of 1945 was decreed. The other two suits were dismissed. Prabhu Nath, the appellant in the present appeals preferred an appeal to this. Court from the decree passed in suit No.5 of 1945. This is first Civil Appeal No.15 of 1946. Likewise he filed an appeal against the dismissal of Suit No.13 of 1945. This is First Civil Appeal No.16 of 1946. On these two first appeals, a consolidated Court-fee of Rs.1269/- was paid. They came up for final hearing on two dates before the Uttar Pradesh Zemindari Abolition and Land Reforms Act (U.P. Act I of 1950) came into force. These appeals were also listed on several dates for hearing in the year 1951. On 1st July 1952, the vesting order under that Act was made. Thereafter these appeals were again listed for disposal. Keeping in view S.336 of the Act the learned counsel for the appellant in both the appeals admitted that they could not but end in dismissals. Section 336, sub-s.(2) states as follows :

"All suits for pre-empt





























Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top