Joginder Sen v. Union of India - 1967 Supreme(Online)(HP) 2

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1967 Supreme(Online)(HP) 2

HIMACHAL PRADESH HIGH COURT
, J
Joginder Sen v. Union of India

Table of Content
1. land ownership claims within the context of the merger. (Para 1 , 2 , 3)
2. court’s jurisdiction limitations under article 363. (Para 4 , 5)
3. dispute linked to the interpretation of merger agreements. (Para 6 , 10 , 12)
4. established precedent regarding merger agreements and jurisdiction. (Para 11)
5. final ruling dismissing the appeal under jurisdiction grounds. (Para 14 , 15)

1. This appeal, by the plaintiff, against a decree and judgment of the learned Senior Subordinate Judge, Mandi has arisen out of a suit, for possession of land, measuring 7 bighas 10 biswas and 1 biswansi, comprised in Khasra Nos. 5, 6 and 43/34, situated in village Bhangauhli, a suburb of Mandi Town, in Tehsil Sadar, District Mandi, after demolishing the buildings, standing thereon, or in the alternative for the recovery of Rs. 25,050 / as value of the land. The suit was founded on the following allegations :

2. The plaintiff was the Ruler of Mandi State, now merged in Himachal Pradesh, since Ist May, 1948. The land, in suit, was acquired by the plaintiff, in 1946, from its former owners, for his personal requirement for starting and housing a private dairy farm. The land was considered as