Himachal Pradesh Court September 1951 Judgments
Anand Kumar Vs. Fateh Singh
Court: Himachal Pradesh
Decided on: Sep-25-1951
Reported in: AIR1952HP18
Chowdhry, J.C. 1. This is tenant's application in revision under Article 227 of the Constitution of India against the decision of the appellate authority, the District Judge of Mahasu, under Section 15 of the East Punjab Urban Rent Restriction Act (III of 1949).2. The petitioner occupies a building in Solan known as Badru Khan House, and he applied to the Rent Controller under Section 4 of the Act for determination of its fair rent. Under Sub-section (2) of that section fair rent is determined on the rental value of the building entered in property tax assessment register and prevailing rates of rent in the locality during 1938. Property tax having never been assessed in Solan, the Controller acted only on the other datum. He took into consideration the rent of certain buildings in Solan in the year 1938, particularly the rent of a building known as the Kapoor Lodge, and he came to the conclusion that Rs. 1,200/- per annum should be the basic rent of the building in question. He also a...
Tag this Judgment!Palas Ram Vs. Devi Das and ors.
Court: Himachal Pradesh
Decided on: Sep-21-1951
Reported in: AIR1952HP9
Chowdhry, J.C. 1. Devi Das, a sonless proprietor, executed a registered sale-deed in respect of some agricultural land in favour of Hari Das for the ostensible consideration of Rs. 4,000/-. On the allegations that the land was ancestral, that he was a reversionary heir of the vendor, that under custom a sonless proprietor is not entitled to alienate his property without the consent of the reversioner, and that the sale was made otherwise than for valuable consideration or legal 'necessity, the plaintiff sued the vendor and the vendee for a declaration that the sale would not affect his reversionary rights after the death of the vendor. In the alternative, he also prayed for recovery of possession of the property by pre-emption. The plaintiff also impleaded as a pro forma defendant one Joban Das as another reversioner.2. The suit was dismissed by the Senior Subordinate Judge of Kasumpti on 28-8-1950, and the plaintiff's appeal was dismissed by the District Judge of Mahasu of Sirmur on 7...
Tag this Judgment!Mt. Reshmi Vs. Ghungaria
Court: Himachal Pradesh
Decided on: Sep-18-1951
Reported in: AIR1952HP20
Chowdhry J.C. 1. This is a second appeal by the plaintiff, Mst. Reshmi, whose suit for cancellation of a sale-deed, dated 5-7-1948, and registered the following day, in respect of zamindari and house property for the ostensible consideration of Rs. 1,400/- in favour of the defendant-respondent Ghungaria was decreed by the trial Court, but dismissed on the defendant's appeal by the District Judge of Mahasu and Sirmur. The suit was filed on the ground that the sale had been brought about by the defendant by the exercise of undue influence and fraud.2. The recital in the sale-deed and the Sub-Registrar's endorsement show that out of the said consideration Rs. 400/- went to the discharge of a debt owed by the vendor to the vendee and Rs. 1000/- were paid in cash to the former by the latter at the time of registration. There is a further recital that out of the Rs. 1,000/- paid in cash at registration Rs. 600/-were needed by the vendor in order to repay a debt due by her to one Behari Lal. ...
Tag this Judgment!- ‹ Prev
- Next ›