Allahabad Court July 1977 Judgments
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Babu Lal and ors. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jul-12-1977
Reported in: AIR1977All464
N.D. Ojha, J.1. This writ petition was instituted initially by nine persons challenging the proceedings for acquisition of certain land under the Land Acquisition Act. The writ petition was dismissed on 20th September, 1976, Subsequently on an application being made by some of the petitioners the order dismissing the writ petition was recalled on 1st November, 1976. As against the petitioners 1, 2 and 7, however, the said order was not recalled and was allowed to stand. Consequently the writ petition as at present is only on behalf of petitioners 3 to 6, 8 and 9. By this writ petition two notifications under Sections 4 and 6 of the Land Acquisition Act are sought to be quashed. A notification under Section 4 was initially issued on 8-1-1974 but on account of some technical defect it was subsequently cancelled and another notification was issued on 4th August, 1975. It was published in the Gazette on 15th November, 1975. The substance of the notification was also published and proclaime...
Ganga Prasad and ors. Vs. Ram Saran and ors.
Court: Allahabad
Decided on: Jul-11-1977
Reported in: AIR1978All43
ORDERYashoda Nandan, J.1. This revision at the instance of the decree-holders arises out of an objection under Order 21, Rule 99 of the C.P.C. (hereinafter referred to as the Code).2. Material facts giving rise to this revision are that House No. 47/99, Hatia, Kanpur was joint property of opposite parties 2 to 5. A suit for partition of this house was filed in the court of the 1st Civil Judge, Kanpur, who had territorial jurisdiction to entertain and decide the suit. It was subsequently transferred to the court of the II Civil judge, Kanpur who ultimately passed the decree in the suit. In that partition decree, the pre-mises in dispute in the present proceedings, were allotted to the share of Ganga Prasad, Jamuna Prasad and Smt. Ram Kali, the applicants in the revision. They put the decree into execution and obtained delivery of possession of the property in question on the 5th April, 1969. Ram Saran, opposite party No. 1, filed an objection under Order 21, Rule 100 of the Code in the ...
State of U.P. and anr. Vs. Kunwar Trivikram NaraIn Singh and anr.
Court: Allahabad
Decided on: Jul-08-1977
Reported in: AIR1977All419
N.D. Ojha, J.1. The respondent No. 1 Kunwar Trivikram Narain Singh is the landlord of a building situate in the district of Jaunpur which according to him was occupied by the District Magistrate/Collectorate Jaunpur, as tenant. The landlord made an application under Section 21 of the U. P. Urban Buildings (Regulation of Letting Rent and Eviction) Act 1972, (Act No. 13 of 1972) against the petitioners for release of the accommodation in his favour. This application was made on 27-13-1972 before Sri Radhey Shyam Srivastava who was the Pre-scribed Authority. The application remained pending before Sri Srivastava till 10-8-1974 when he was transferred, It appears that there was no Prescribed Authority appointed thereafter till 2-9-1974 when as stated in Paragraph 9 of the writ petition 'the work of Prescribed Authority under the Rent Control Act'' was assigned by the District Magistrate to Sri Harihar Prasad Srivastava. The U. P. Act No. 13 of 1972 was amended by the U. P. Urban Buildings ...
Pramod Kumar Tiwari Vs. Badri NaraIn Pandey and ors.
Court: Allahabad
Decided on: Jul-07-1977
Reported in: AIR1977All479
M.N. Shukla, J. 1. By means of this writ petition under Article 226 of the Constitution the petitioner has prayed for quashing of the orders dated 27-10-1975 and 28-10-1975 passed by respondents Nos. 3 and 2 respectively whereby the lock placed by the petitioner over the accommodation alleged to be in his tenancy was opened and he was deprived of possession. 2. The short facts of the case are that the petitioner had been in occupation of shoo No. 35, Bahadurganj, Allahabad since the year 1971. After the enactment of the U. P. Urban Buildings (Regulation of Letting, Rent & Eviction) Act, 1972 (U. P. Act No. 13 of 1972) (hereinafter to be referred to as the Act) the petitioner applied under Section 14 thereof for his possession, being regularised. His case was that he had been in possession with the consent of the landlord and, therefore, his possession should be deemed to be in the capacity of a tenant of such accommodation. In the same application the petitioner had also made a prayer ...
Gyasi Ram Vs. Ram Chandra Singh
Court: Allahabad
Decided on: Jul-06-1977
Reported in: AIR1978All376
M.P. Mehrotra, J.1. This is the defendant's second appeal arising out of a suit for the tenant's eviction filed by the landlord after determining the former's tenancy. The brief facts are these: The plaintiff claimed to be the owner of premises No. 3648-E situated at Sultanganj, Agra whose details are set out in the plaint. It was contended that in the said premises the defendant was the tenant of a thatched Kotha on behalf of the plaintiff. The tenancy also included Sahan on the eastern side of the Kotha. It was a monthly tenancy and the month of tenancy started from the 1st day of each English calendar month. The monthly rent was four annas per month. It was further alleged that the defendant effected material alterations and he encroached upon the plaintiffs land on the eastern side by putting another shed and by opening another door towards the west of the said premises. By a notice dated 6th July, 1961, which was served on the defendant on 18th July, 1961, the plaintiff determined...
Jayata Prasad Singh Vs. Dy. Director of Consolidation, Varanasi and or ...
Court: Allahabad
Decided on: Jul-06-1977
Reported in: AIR1977All467
ORDERAmitav Banerji, J. 1. This writ petition is directed against an order of the Deputy Director of Consolidation, Varanasi dated 13-9-1976 rejecting the revision of the petitioner under Section 48 of the U. P. Consolidation of Holdings Act. The petitioner had sought to file a written statement after the case had been remanded to the Consolidation Officer by the Deputy Director of Consolidation. The Consolidation Officer rejected the prayer on the ground that there was no provision of filing of a written statement and replication under the U. P. Consolidation of Holdings Act. This view was upheld by the Deputy Director of Consolidation in his order. He further stated that the provisions of the Civil P. C. have no application to the proceedings under the U. P. Consolidation of Holdings Act and that in the present case the parties would get ample opportunity to lead evidence on all the points. He refused to exercise his discretion in favour of the petitioner and rejected the revision.2....
Prem Prakash Gupta Vs. Union of India (Uoi) and anr.
Court: Allahabad
Decided on: Jul-06-1977
Reported in: AIR1977All482
M.P. Mehrotra, J.1. This second appeal arises out of a suit wherein the plaintiff initially claimed a certain amount for the non-delivery of goods which were entrusted to the Railways for being dispatched to him at Khekra, a Railway Station in the district of Meerut. During the pendency of the suit, a part of the consignment was delivered to the plaintiff and, therefore, he reduced his initial claim to a lower amount. The brief facts are these :--On 27th December, 1961, M/s. Hindustan Steel Co. Ltd., Durgapur, booked a consignment of pig-iron from Durgapur Exchange Steel-yard, on the Eastern Railway. The destination was Khekra, a Railway Station on S. S. Light Railway in the district of Meerut. The railway receipt was sent to the plaintiff through the State Bank of India, Meerut and was handed over by the latter to the former after receiving full payment in respect of the consignment. The consignment was, however, not received till the first week of February, 1962. Notices under Sectio...
Dhani Ram and ors. Vs. Dy. Director of Consolidation and ors.
Court: Allahabad
Decided on: Jul-05-1977
Reported in: AIR1977All491
ORDERM.A. Ansari, J.1. This writ petition is directed against the judgment and order of Sri R. C. Sharma, Deputy Director of Consolidation dated 16-11-1970, by which he has dismissed the revision of the writ petitioners and allowed the revision of opposite party No. 3,2. The dispute relates to plot No. 63 measuring a bigha 5 biswa and 6 biswansis situate in village Salarpur Pargana Dewa Tahsil Nawabganj district Barabanki. It was recorded Banjar in the basic year in the village record. Earlier to the consolidation proceedings the petitioner's father filed a suit for declaration of this bhumi-dhari rights over the grove. The suit was dismissed by Munsif Barabanki. The appeal filed by the petitioner's father was also dismissed by the Civil Judge, Barabanki. A second appeal was pending in the High Court at the time of the notification under Section 4 of the Consolidation of Holdings Act and the second appeal abated.3. In the objection taken under Section 9 of the U. P. Consolidation of Ho...
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