Himachal Pradesh Court February 1961 Judgments
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Mohindar Singh and anr. Vs. Balak Ram and anr.
Court: Himachal Pradesh
Decided on: Feb-04-1961
Reported in: AIR1963HP28
ORDERC.B. Capoor, J.C.1. This is a petition under Articles 226 and 227 of the Constitution of India. 2. The petitioners are owners of land measuring 198 bighas 7 biswas comprised in Khata No. 1/4 situate in village Talo, Hadbast No. 49, Tehsil Nahan, district Sirmur. Respondent No. 1, hereinafter to be referred as 'the respondent', was the tenant of the aforesaid land. A notice under Section 45 of the Punjab Tenancy Act, as applicable to Himachal Pradesh, was issued against the respondent and in pursuance of it he was ejected from the aforesaid land. An appeal preferred by him to the Collector did not succeed and he submitted an application in revision to the Financial Commissioner, but did not press it as in the meantime the Himachal Pradesh Tenants (Rights and Restoration) Act, 1952, came into force. In accordance with Section 3 of the aforesaid Act, the respondent filed an application for restoration of the aforesaid land to him. The application was resisted by the petitioners on th...
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