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Himachal Pradesh Court June 1971 Judgments

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Jun 01 1971

Hukum Chand and ors. Vs. Sansar Chand and ors.

Court: Himachal Pradesh

Decided on: Jun-01-1971

Reported in: AIR1972HP11

M.H. Beg, C.J.1. This is an appeal against the judgment of a learned Judge of the Delhi High Court (Himachal Bench). Tatachari, J., allowing a second appeal setting aside the judgments and decrees of the Courts below and decreeing the plaintiffs' suit by granting a declaration in the following terms:--'that the plaintiffs are permanent tenants in the sense that they cannot be evicted so long as they pay the rent in cash of Rs. 2/- per annum in respect of Khasra No. 141 and Rs. 3/- per annum in respect of Khasra No. 146 and also rent in kind, namely, the supply of earthen wares as may be required by respondents 1 to 3 (defendants 1 to 3) throughout the year for the use of their family.'2. Diwana (since deceased and now represented by Sansar Chand, respondent No. 1), and Murli Dhar, respondent No. 2, sons of Chaudhary had brought their suit for declaration of their rights in respect of Khasra Nos. 141 and 146 by reason of their alleged continuous possession over these plots since the tim...


Jun 01 1971

Smt. Rajkumari Soni Vs. State of Himachal Pradesh

Court: Himachal Pradesh

Decided on: Jun-01-1971

Reported in: AIR1972HP1

Chet Ram Thakur, J.1. This revision petition had been referred to the Division Bench by Hardayal Hardy Judge. Delhi High Court, in August 1970 when that High Court had its jurisdiction over Himachal Pradesh. The point referred to is whether the said respondents (Union of India and Himachal Pradesh Administration), now substituted by the State of Himachal Pradesh vide order, dated 8-4-1971 are tenants within the meaning of the East Punjab Urban Rent Restriction Act. 1949?2. Smt. Rai Kumari Soni is the owner of a building known as 'Onkar Lodge' at Simla. On 9-4-1965. Dr. D. D. Arora. Deputy Director of Health Services and Dr. D. K. Bhattacharya. Assistant Director of Health Services, with the approval of the Director of Health Services. Himachal Pradesh took from the petitioner the lower flat of the aforesaid building on a monthlv rental of Rs. 150/-. On 13-1-1966 Smt. Raj Kumari Soni filed an application before the Rent Controller for eviction of Dr. D. D. Arora and Dr. D. K. Bhattachar...


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