Himachal Pradesh Court November 1952 Judgments
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indira Debi Vs. Ganga Ram Munshi Ram and anr.
Court: Himachal Pradesh
Decided on: Nov-27-1952
Reported in: AIR1953HP60
ORDERChowdhry, J.C.1. This is an application in revision by one Indira Debi under Article 227 of the Constitution against the decision of the District Judge of Mahasu and Sirmur dated 17-4-1952 as an appellate authority under Section 15 of the East Punjab Urban Rent Restriction Act, 1949.2. The landlords Ganga Ram Munshi Ram filed an application under Section 13(2)(ii)(a) of the Act for eviction of the petitioner & one other named Mai Rewati. The residential house in question was let out by the landlords to Mai Rewati. The appellate authority has found that Mai Rewati left the house a considerable time ago and put the petitioner into the house without landlords' consent. A decree for eviction of the petitioner has therefore been passed by him.3. On behalf of the petitioner, it is not denied that the house was let out to Mai Rewati, nor is it pleaded that there is any privity of contract between the petitioner and the landlord. What was argued before me was that under the said Act the l...
Hazari Lal Bhanna Mal Vs. State of Himachal Pradesh and ors.
Court: Himachal Pradesh
Decided on: Nov-24-1952
Reported in: AIR1953HP41
ORDERChoudhry, J.C.1. This is a petition under Article 226 of the Constitution by Messrs. Hazari Lal Bhanna Mal, a firm of cloth merchants at Chamba, for the issue of suitable writs and directions to the respondents, the State of Himachal Pradesh, the District Civil Supplies Officer Chamba, the District Magistrate Chamba and the Director of Civil Supplies Himachal Pradesh, for the enforcement of the fundamental right of carrying on its cloth business, guaranteed by Article 19(1)(g), which is alleged to have been not only unreasonably restricted but totally prohibited by the respondents.2. The impugned acts of the respondents relate to control of supply and distribution of cloth. The relevant controlling law may therefore be briefly set forth, to begin with. The main enactment, hereinafter referred to as the Act, is the Essential Supplies (Temporary Powers) Act, 1946, and it is in force in Himachal Pradesh. In exercise of the powers conferred by Section 3 of that Act, as delegated to hi...
Nandu Ram Vs. Jagannath Parshotam Das and anr.
Court: Himachal Pradesh
Decided on: Nov-24-1952
Reported in: AIR1953HP55
Chowdhry, J.C.(1) These are applications in revision under Article 227 of the Constitution arising out of proceedings in two cases instituted by the applicant Nandu Ram as landlord under Section 13 (2) (i) of the East Punjab Urban Rent Restriction Act (III of 1949), one against Jagannath Parshotam Das, & the other against Hansraj Manoharlal, for their eviction from the shops occupied by them on the ground of non-payment of rents respectively due by them. Both the applications can conveniently be disposed of by one judgment.(2) The landlord's application was dismissed by the Controller, and so was his appeal by the District Judge as appellate authority under Section 15 of the Act in both the cases. The District Judge agreed with the Controller that there was 'no non-payment of rent' as contemplated by Section 13 of the Act. In the course of his judgment, he also observed that in view of certain observations of this Court in -- Lalla Ram v. Naresh Chand', AIR 1952 Him P & B 28, the quest...
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