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    126 views14 pages

    4th Paper of C.J. Mains-2019 PDF

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    Enkay

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    © All Rights Reserved
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    of 14
    M.P. JUDICIAL SERVICE (CIVIL JUDGE) MAIN EXAMINATION - 2019 ‘3ryPAT/Roll No. wa vedi en: 4 gfe grey at ier : 14 Total No. of Questions : 4 No, of Printed Pages : 14 JUDGMENT WRITING faa Fourth Paper age weTa ra — 3100 ure te — 100 Time Allowed — 3:00 Hours Maximum Marks - 100 Freer — Instructions :- 1. All questions are compulsory. Answer to all Questions must be given in one language either in Hindi or in English. In case of any ambiguity between English and Hindi version of the question, the English version shall prevail. wR wer ahrard &1 wh wet Tae A cere otto ww are A A Sy ae fart wer & stich ok fet oo & ata arg weer &, ot sti gs aT er) Write your Roll No. in the space provided on the first page of Answer- Book or Supplementary Sheet. Writing of his/her own Name or Roll No. or any Number or any mark of identification in any form in any place of the Answer Book not provided for, by which the Answer Book of a candidate may be distinguished/ identified from others, is strictly prohibited and shall, in addition to other grounds, entail cancellation of his/her candidature. Bare gflorer orrar or wile B wer TS oR Rife wa oy a opHAie sift et) oer gRaar 4 Mite wera @ afaftan feel wera oe see ATH aT sigmHi sera Bs was A Gea a ars Pree sift wer fee fe were oy sae gftcrar at ore gee gfteransit @ orerr uReTAT oT we, arden we & site arr arent & afattat, Tea seattle Peet feed a er sme SPT Writing of all answers must be clear & legible. If the writing of Answer Book written by any candidate is not clear or is illegible in view of ‘Valuer/Valuers then the valuation of such Answer Book may not be done. Ww wt FF feraae we ok vote eat oraeae 2) fax ote & ERT fret 7g orgie wt Rraree oft Apa /ApaTOTiI BATH ree reer eA At eT Aa ET PT aT wT P.T.O. QNo./ Wm. Qu Question / 334 SETTLEMENT OF ISSUES or Settle the issues on the basis of the pleadings given here under - PLAINTIFF'S PLEADINGS :- Plaintiff 'A' filed an eviction suit against 'C’ with the pleadings that the shop situated at Hazira, Gwalior (MP.) (Herienafter referred as suit shop) was let out to the defendant @ Rs.200/- per month. Later on rent of suit shop was increased twice and presently, the defendant is paying Rs. 650/- as rent to the plaintiff. Earlier, the defendant was doing business of ready-made garments in the suit shop but after death of his wife in the year 2018, he shifted to Surat (Gujarat) & sub-let the suit shop to 'D', which was done without the consent or permission of the plaintiff. The plaintiff requires the suit shop to start business of his son 'B' who is unemployed. Plaintiff ‘A’ has no suitable alternative accommodation for business of his unemployed son. WRITTEN STATEMENT :- The defendant has admitted the factum of tenancy and rent as pleaded in the plaint. However, he has denied the rest of the pleadings of the plaintiff. The defendant has contended in his written statement that plaintiff has filed the present suit with the ulterior motive to increase rent. According to the defendant, it has been written in the rent note that the defendant can operate his garment business himself or through his family member. The defendant has further pleaded that the defendant has shifted and is living in Surat with his elder son, but he has not parted with the possession of the suit shop and he is still in possession of the suit shop through 'D', his nephew. Thus, there is no breach of the rent Marks/ 10 agreement and of the prevalent law as well. The plaintiff is receiving rent regularly. Thus, the suit is liable to be dismissed. According to the defendant, the enhancement of rent twice is itself a sufficient ground to presume that the plaintiff is not having bonafide requirement of suit accommodation. Prafettad afiaaat 3 ore oy fear faeferr aifsrd 1 are & oifrrat — ado 4 ofrardt 1 & free ga afta & mer Pept & fer are mega fear fe goiter, wafeee (am) Rem gor (ra ant arene gor & Préfrer fer var @) wftardt wt 200 /—wud wftarE oe aR ae ag of) ae 4 areas gar oT et ae fern agrar var aie ada ufvardt feed @ wo 4 650 /—aua fee set ay wer 8) oT uta aad gor 4 Ws mere oT aa wet ae wer em fog wy 2018 4 one uci at ary eA we ae Ue (Gorm) A we oT UE gon ate at ad at weafe oT aga & wy on ferret oe e fear 21a ow a ger How Ga we S aaa & fed onazrem 2, oT f Rome 8) ad 3 oe Ro ww S aaa eg a aE srgat defers wor suet ae 21 ulead @ array — witardt 4 fexrrent sty are va 4 aftafirs fed & Faker aY ior fea @, afm set at } ora afta oF once fear) ufvardt 4 feat mer Hae arr fear & fe fe art dae freer aera aed @ aie ef sae tga O aw ae ae sega Peer 2) vieart S are exam i ae ferar war @ fe wfsardt ory Tere ares BT wei a amt oRa & uae ari we Goa 3) wad ow was YF & wey Ea 4 xe ver 2 fg GA Gor Hat S ae orget yes AET fear 2 afte ont of om nit wo S aay a wat F 21 ea yER fara a ait cer wafer far ar ag vector vet gor @1 at Prats wr a fea arr oe ver 1 Fe TOR ae aor ery ara 81 gftardt $ agar at ar fern aera oar we F ae oon BK HT vate ana & fe art or arg werd snag et B1 FRAMING OF CHARGES arial @ fara Q.2. Frame a charge/charges on the basis of allegations given here under.- PROSECUTION CASE / ALLEGATIONS — On 13.02.2019 the prosecutrix 'P’ lodged a F.LR. in police station Kotwali, Narsinghpur alleging that at about 11.00 P.M. when she was sleeping with her two years old son in her house situated at Koshti Mohalla, Narsinghpur, accused “A” entered into her house using a rope, caught hold of her hand and kissed her. As the prosecutrix screamed, witness “K” reached there. Seeing him, accused pushed aside the complainant and ran away. Meanwhile, some other neighbours also reached there and prosecutrix narrated incident to them also. Next day, her husband came back, then prosecutrix lodged F.LR. at police station Kotwali, Narsinghpur. The Investigating officer registered the crime No. 20/2019 and after investigation submitted the Charge-sheet. Prafefad aforl 3 ara a aly fafa afer — obra a1 carr / areas :— fete 13.02.2019 ) aah ty A gfera Reet Fiat, aeRtege A ae aftafirr et gy verr yea Roe ferarg fe ret 11.00 wt UA ST Ga aE a Het Atecen, aRfieqE fort uy # et atta ga @ ener a eet oft ct oiftgan ‘Ut oad ue a wR wr Ura aed ga Ger ak weer we ves fear oie gay a fora) oa aPaes faces ct adi wet og var sik oH cua aftgat ¥ uRarear et error arr six ae art wen) Get waa |e ae sere A vga 7a ote aah A oe A gem or gat Gara! ore a of Re aM ow oaareh, aRfiege A ver efron Rare col weg) ara @ReRy J amr wHie 20/2019 Wag fea ak aa d oa aPrirrrs org fara | 10 JUDGMENT/ORDER (CIVIL) WRITING (CJ-I1) Profs / (Rafer) crear ( Q.3 Write a judgment on the basis of pleadings and evidence given below after framing necessary issues and analyzing the evidence, keeping in mind the provisions of relevant Law/Acts :- Pl 's Pleadi 1- Plaintiff "A" filed a civil suit against "B" for possession of part of agriculture land bearing Khasra no. 213 measuring 10 X 100 sq. yard (Hereinafter called the suit land). The suit land belongs to the plaintiff and is adjacent to land Khasra number 212 situated on east side of suit land, owned by the defendant "B". 2- The defendant "B" took unlawful possession of the suit land i.e. a strip of land measuring 10 X 100 sq. yard bearing khasra number 213. The defendant "B" merged the suit land in his land bearing Khasra number 211 and 212 and enclosed the entire land with barbed wire fencing. The defendant "B" also dug a bore well over the suit land for irrigation of suit land and his land bearing Khasra number 211 and 212 as well. 3- The plaintiff got demarcated the land bearing Khasra number 212 and 213 and thereby ascertained the encroachment of defendant 'B' over the suit land. 4- Consiquently, the plaintiff also served a legal notice to the defendant 'B' to vacate the suit land but the same has been opposed by 'B' the defendant and he has also refused to vacate the suit land. Defendant’s Pleadings :- 1- The defendant 'B' filed written statement and pleaded that he had purchased agriculture land bearing Khasra no. 212 measuring 2.50 acres from 'C' vide registered sale deed dated 11- 04-2015 for a consideration of Rs. 300000/- (Three lacs). The land bearing Khasra number 213, owned by the plaintiff, is situated in western side to his land bearing Khasra number 211 and 212. 2. After purchase of the land, defendant 'B' raised barbed wire fencing all around the land bearing Khasra number 211 and 212 alongwith suit land and dug a bore well for irrigation. 3- The defendant ‘B’ has further pleaded that the vendor 'C' was in possession and cultivating the suit land for more than last 12 years. The defendant bonafidely believed that the area enclosed by barbed wire fencing is part of his land bearing Khasra number 212, which has been purchased by him from 'C’. He is not the trespasser of suit land but a bonafide purchaser by paying adequate and proper consideration, without notice that the suit land is the part of land bearing Khasra number 213 owned by the plaintiff. 4- In the alternative, the defendant 'B' has also pleaded that in case the plaintiff succeeds to prove that the suit land is part of land bearing Khasra number 213, the plaintiff may be directed to compensate him by giving the value of the improvement made by defendant or he be directed to sell out suit land to defendant. Plaintiff's Evidence :- The plaintiff examined himself and one Revenue Inspector 'D' to prove his case. The plaintiff proved his pleadings. In cross- examination, the plaintiff denied that the suit land was in possession of the vendor 'C' for more than 12 years. The Revenue Inspector 'D' has proved Khasra panchsala, demarcation report and map prepared on the basis of demarcation report in which boundaries of Khasra no. 212 & 213 has been shown specifically. ‘D’ has also deposed that the suit land marked by red ink 10 X 100 sq. yard is a part of khasra number 213 owned by the plaintiff but such land has been fenced and is in possession of 'B'. In cross-examination he has denied the suggestion of the defendant 'B' that the vendor ‘C’ was in possession of the suit land for the last more than 12 years. The witness has also stated that on the basis of khasra panchsala of preceding five years, there is no entry about the possession of the vendor 'C' over the suit land. Defendant's Evidence :- The defendant ‘B’ has examined himself and the vendor 'C'. The defendant proved his pleadings. He also placed on record and exhibited sale deed dated 11-04-2015 executed by 'C' in favour of the defendant. In cross-examination he has admitted that the land bearing Khasra number 212 area 2.50 acres purchased by him from vender ‘C’ was neither measured nor demarcated by the vendor before selling it. The vendor 'C' has stated that he was cultivating the suit land along with his own land bearing Khasra number 212 for the last more than 12 years but neither the plaintiff nor his deceased father ever objected for the same. In cross-examination, ‘C’ has admitted that there is no entry in Khasra of the preceding five years regarding his possession on the suit land. He has also admitted that the plaintiff had informed him about the initiation of demarcation proceedings. He has also admitted that the actual area of land bearing khasra number 212 possessed by him was determined only after the demarcation of land at the instance of the plaintiff. ‘Arguments of Plaintiff The counsel for the plaintiff has argued that the plaintiff has proved his case that the defendant encroached over the suit land illegally and raised barbed wire fencing. He has also argued that plaintiff is entitled to a decree of possession of suit land against the defendant. The defendant did not act in good faith in raising wire fencing and digging bore well. The defendant is not in bonafide possession of the suit land. The Counsel for the plaintiff has also argued that the defendant has not challenged the demarcation report of the revenue officer by filing an appeal. Arguments of Defendan: The counsel for the defendant argued that the defendant has acted in good faith in raising the barbed wire fencing under the belief that the suit land is part of land bearing Khasra number 212 purchased by him from ‘C’. He has also argued that in case the plaintiff succeeds in proving that the suit land is a part of the land bearing Khasra number 213 and the defendant is to be evicted from the same, the plaintiff may be directed to compensate the defendant by giving the value of the improvement made by him or he be directed to sell out suit land to the defendant. Prafaftad afiarat @ aren we faarere farfaa aiford ve wer or fatar aed ey wefta fat /afitaa ¢ yaaa weal eat ¥ vad Ex frofa fered — ad é afta 1. mal ‘oF oferardt ae ee ee ee aria fort area Yt wet GEM) Git fe ard} St ora @, oF ante ut oe @ fed crar weg far = a mere yf ae a 213, gf a Roa Ger a 2128 ah ew uferardt ‘a’ & canter Gt 21 2 wierd a A saat ret ‘ot A) A GA. 213 $ 10 x 100 wf TH arr, ar até anferaer oer we ferar| wiearét ‘a’ A arerer af Safe seat a Ga. 211 cen 212 & al aie eda ae at OR eT oh fart ‘a’ A creme af A va Soil A, areaet WA oie Ga. 211 cer 212 Bt aft we Rian & fq Gar 81 3. oa Foyt aa. 212 cen 213 oT Pigs ween aie Gad ET UE PRad Roar fe wfrardt a A andl at aremret yA oe after fra EoT a1 4. aed A creed APY Raa oer tg visa aw ee fg ‘vA sear farer fear ate arcuect af Rat Get T gore ay fear) wfrarel & ofraaa— 1. oftarél A cava crat weqe frat sie ae aera feat fe aa. 212 ATT 250 Yes HA faba w 8 dt are waa ot vfawe A doled fama ua fei 11.04.2015 grr ma at oft) ary S wafer GT APY GA. 213, wfrardt at aft aa. 211 cen 212 & afta fee H Ret 21 2. af ma oe S ve A A Ga. 211 cem 212 Hy S aN ax odie oR BH ORT arg sik GA. 212 SH afl H vw geil, a GA. 211 wen 212 # Rierg & fey wer) 3. uftardt 9 aint aera ferar fas fader “a aremed af H feet 12 auf S afte sa 8 oret—wat 4 en gafery sftard ‘a 4 wa favor ard gy fe acta ant WoO Ted WY GHA. 212 a eT ze Th fasbar a A Te doltga faa va are fama fear 8) ae aeet Ay or afemrrent ae @ afew a Tent fe, aed YPT are) @ aries wl aft aA. 213 oF fen @, sad grr sfaa yea cae wenfaG wa 4 ‘soft or yea vert aed afsafl me aera area yA GE fama oY 21 art area — ard A Serer Het wns |e a fore was wen won Pers S or Want fear 8) art A ao woes ot efor fear) vfaeterr Hardt A andlor Rear fe Pata qf flee 12 af S ake A oral fare ‘a & oat F eft) word Paes A carer eet cen thas Rare wh centre fon 31 Vivier Rote G ome we dar fea ay Aa A SHI GA, 212 ‘er 213 ot earsit wt eater @ | wef SA ae At wert fear fe 10x100 at mo arene yf or ore Tae BG. 213 ara) } afr 1 8 fq uftardt ‘a’ ara wit aed onfacr Fat ft 9 ofsardt ‘a ar ae Yara oredter fear fr aor w ge yf S war F s ; Ee) : i il af S eer eet 12 aah S site A aa A ORT ea wel cen a GT adt 4 otk a & sae flan (Gas) A ee Taq anh org rafal @) Prior aM w ot sae (a d) onto a aR GA. 212 a aRafaw aa fad gr ert we_arat— ad & afftaca 4 ae frat fe art A ore ae veer wane fear @ f ufverd 4 areoed aft oe sifteeror fear ate wdc oe at wR omer ate wr a oe yf A eenfea fer) ae wfsarey wr gerd yf a Renta oe cer seer sno age oat art Ht ut or after &) sitar a GR amr she api Get F we uftardt & oftaan 4 aa fear fe or odie ae at SRT oT ik asi ler or pea wera H ye faany qed gy fear fe we aewet af sad ge wa Ty GA 212 H AA o am zs) afe ad we waa oe apa a cra @ f gered yi aa 213 oT ant @ otk BR aera TeHeT YA US faa wes] SJUDGMENT/ORDER (CRIMINAL) WRITING (JMFC) Profa/ares (aifse) dea vic) Frame the charge and write a judgment on the basis of the allegations and evidence given hereunder by analyzing the evidence, keeping in mind the relevant provisions on the concerning law. Proseci Case_:-Prosecution story in nutshell is that in the night of 2” July 2018 at about 08.15, complainant Ramesh who is a lame, reached his home at Kandeli Narsinghpur, and found accused Manu and Ballu having liquor in front of gate of his home. Ramesh warned them not to consume liquor. Accused Manu and Ballu used filthy language about his mother and sister and also said that a lame cannot do anything to them. Ramesh entered his house and requested both the accused not to consume liquor as that was his prayer time, thereafter both the accused entered in to the house of Ramesh and thrashed him with kick and fists. Manu picked up a stick and gave a stick blow to Ramesh resulting injury to little finger of his left hand. On screaming of Ramesh, Rahees and Ramlal came there and rescued him. Thereafter, both the accused went away from the spot and Ramlal took injured Ramesh to Police Station Kotwali, Narsinghpur on his bicycle where Ramesh lodged a complaint against the accused persons. 40 The injured Ramesh was medically examined on the instance of police station Kotwali, in District hospital, Narsinghpur. As per medical report, three injuries ie. on right cheek, back and little finger of left hand caused by hard & blunt object within 24 hours of examination were found on the body of Ramesh. X-ray was advised for the injury of little finger of left hand, in which fracture was reported by Radiologist on examination of X-ray film. Investigating officer prepared a spot map on 3“ July 2018 and recorded the statements of witnesses. Investigating Officer arrested both the accused on 5" July 2018 and prepared memo of arrest and seized a stick of Babool from accused Manu in the presence of witnesses. Completing investigation a charge sheet was filed in the court. Defence Plea :- Both the accused advanced defence that the complainant has grudge with them because they did not lend money to him. The accused persons took a defence that complainant Ramesh fell down due to deformity in his leg and he has lodged a false complaint against them to get monetary benefits in the name of injuries. Evidence for prosecution :- Complainant Ramesh (P.W.1) stated that, in the night of 2" July 2018 at about 08.15, complainant Ramesh who is a lame, reached his home at Kandeli Narsinghpur, and found accused Manu and Ballu having liquor in front of gate of his home. Ramesh warned them not to consume liquor. Accused Manu and Ballu start abusing for his mother and sister and said a lame cannot do anyting to them. Ramesh entered his house. Thereafter, both the accused also entered in the house of Ramesh 12 and beat him with kicks and fists. Manu picked up a stick lying nearby and gave a stick blow to Ramesh and he got injuries in the little finger of left hand. The complainant went to police station Kotwali, Narsinghpur and lodged a complaint exhibit P-1. Dr. Manoj Shrivastava (P.W.2) stated that the injuries on the body of Ramesh (P.W.1) may be caused by hard and blunt object inflicted within 24 hours of examination and a fracture of little finger of left hand was found. Evidence for defence :- Accused persons examined his neighbour Shyam (D.W.1) who deposed that Ramesh has also lodged same type of complaints with the similar type of allegations against two another persons and compounded the same after getting money. On refusing to advance money to complainant, he has filed present false report against them. Arguments of Prosecutor :- Prosecution case is supported with medical evidence. There is no ground in existance to disbelieve the testimony of victim. So, both the accused are liable to be convicted under section 294, 452 and 325 of Indian Penal Code. Arguments of Defence Counsel :-No independent witness from the locality has been examined by prosecution. As per opinion of Dr. Manoj Shrivastava (P.W.2) the injuries found on body of Ramesh may be inflicted due to falling down. Their defence is proved to the preponderance of probability. So, they are entitled to be exonerated from the charges with which they are subjected to the trial. fr fa wa afar 3 ama 3 arene ue ante fafa ot cer fra fed wa ceal, wer ¢ cet & are oy franca fag are, we wernt frefa feat — aPTAT BI TET -— BRAT BL Ga BAT A Sa THR eB fe ate 02 Yerg, 2018 ot uh ota 0815 att oRadt wea ot fe wk a cist & aero ot ax weet, aeigge veer at gad eant oR amt WL cen Feel doar era Hee A) Ve A a aa & fed darn at artrrr a oe af aaa at aed afer dt sie Gas wer fH ae cSt wre aH ATS AM, Ta VT HS BR se TM aM THT TAG HET fe Saat gon a waa @ aerir Hoar aet era a PR ce are wo oe ga 7a sik ord—gal @ wae a adie Ot ALA ae SH Sra VoTaR Wat FT ANT fe Ver S afd err a vrel sre F ae aft) Wa & fear w wir cen ware get ot 7a ereh daar fear) aa amritrr aét Yeh wa) Ger wT waren afar We AorHT amt earl, aRRegY a Tar ael wer A antinerr S frome fate fererarg | gert ort aiaach @ we a aed via } fed saa fica Tar) areata fafocacra, aeRieqe 4 cia } sigur wer wt cite Se wer vad wie oe fs A ate of ng Gh oad ei aa wR, the Ww cen wa ser Ft wal Get wef ot |e wd ade wea A aR wert & fret 24 ewe A et wah oh wer a aa err at Ste aH dle & fod TR A wa Boag cer TR aed ow Se A after AT ORT Tar) sree afore 4 feta 03 Yong, 2018 Gl eae Ue UTTAR Aer Aa TAT TOM Taal Herr Aa sift far! aie os Geng, 2018 ot cet ometitrer ay cer doo wI Fea ae daa are we eT GR ace Oe SS WK VHS age HI SST Tare S ATA GT fear TAT) ora agar & ora afar ge sara F Ger fear Tar after afrare — aftgarrr or aera @ fe where wer ore err vam 3) ate sed Her oe a oe were Tet ear) wa ars a OH aoe @ eri fie ug 2 ok fea S ag art el or am GoM SB fed SA ga var aT at fears a 21 14 afrates a eer — wad te Gat) or Hea 3 fH 02 Gard, aos A aAy a wa ae ony weet, aefisgy Rem ee agar dt Ad wat wy afiga Ay vd ae doox aera He a) Ue eR a fea Aarn at afer a oa af aed ot at aferit at ite wer fee ae cits Ure wa fas OT! ae URS oeY Ter Ta A a gaTTT Wed ae ga 7a ok we a-gai @ her) FF oe FA os ew Sos Garey Tre BT aT foes Tat F aa eer H vr vaeht afk Ate H he ong | See aver Brearch, aeAEGE vga eet 1 a ver efereT Recte Cras wary | fafoora Si. ator sfaresa Gei2) A Uke dS Tait Wer (GxAT1) owe wW ug 7 Bel a eR wd deny ag B ort aad eB a rey Ot Be Sach A afer sit ara ea alae fear B1 ware wet — afrgarrr at aie S ogre vara (ait) or Wer Ger Bt ae A er mega TH fH Ga ved A a amy chit S free wit ove HH Rote fear gar @ ote Gre empath ort Ged wast He aor 2) agar gr vere uf Ra om S gor aA S orem aE freat Roté cate og me 81 africa or ae — after or yar fafaoreta wey ent watts 2) Aisa a wer w afters fed oA S ae aren as 8) saya aR BT IT 294, 452, 325 aR es Wea S seria

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