Himachal Pradesh Court June 1973 Judgments
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State of Himachal Pradesh Vs. Dhampu
Court: Himachal Pradesh
Decided on: Jun-26-1973
Reported in: AIR1974HP19
ORDERChet Ram Thakur, J.1. In connection with the construction of the Pong Dam, the Government had also acquired the land of Dhampu in Tikka Behari, Mauja Dugha, Tehsil De-hra, District Kangra. It appears that he was not satisfied with the award of the Collector and he filed his objections before the Collector for referring the same for adjudication to the Civil Court. The Additional District Judge, it appears, enhanced the award vide his judgment, dated 24th September, 1970.2. The State Government filed an appeal against this judgment of the Additional District Judge enhancing the compensation amount on the reference petition being made by Dhampu claimant. The appeal was filed on 19th December, 1970. On 1st July, 1972, the Advocate-General presented this application CMP No. 365 of 1972. He had stated therein that the claimant-respondent died on 13th February, 1972 as it had now been learnt by him and that he was an oustee from Tikka Behari to whom land had been allotted in Rajasthan. ...
Ambe Lal and ors. Vs. Phina and ors.
Court: Himachal Pradesh
Decided on: Jun-21-1973
Reported in: AIR1974HP11
Chet Ram Thakur, J.1. This second appeal has been filed by Shri Ambe Lal and the legal representatives of Shri Lachhman Dass against the dismissal of the appeal by the learned Additional District Judge, Kangra at Dharamsala. The plaintiffs claimed that the land measuring 307 kanals 5 marlas described in the head-note of the plaint, situate in Nangal Mauza Junat, Tehsil Dehra was in their possession since the time of their ancestors. This land in fact had been mortgaged by the ancestors of the defendants in favour of the plaintiffs' ancestors. An area of 225 kanals 1 marla was mortgaged with possession by the owners Chu-har, Tega. Diala sons of Salahi with Moti son of Kahan on 21st March 1898. vide mutation No. 164. Whereas the rest of the land was already under mortgage with possession even prior to 1887-88. The plaintiffs contended that they were mortgagees with possession for over a period of 60 years and had thereby become owners by lapse of time and, therefore, they sought a declar...
Shiv Parshad Vs. Smt. Shila Rani
Court: Himachal Pradesh
Decided on: Jun-14-1973
Reported in: AIR1974HP22
ORDERChet Ram Thakur, J.1. This revision has been filed by Shiv Parshad against the order of the Appellate Authority, Solan, dismissing his appeal against the order of the Rent Controller ordering his eviction from the premises situate in Khasra Plot No. 941/ 831/3, Khewat No. 209, Khatauni No. 343 of village Ser Pargana Takroli, Tehsil Solan. The petitioner was in occupation of the premises. Smt. Shilla Rani who is now respondent in this Court alleged herself to be the landlady of the premises and she filed the application under the provisions of Section 13 of the East Punjab Urban Rent Restriction Act for the eviction of the present petitioner on the ground that he was in arrears of rent to the tune of Rs. 126/- and that she required the premises for her bona fide use. The present petitioner resisted the application pleading inter alia that there was no relationship ot landlady and tenant between the parties and that he was not served with a notice as is required under Section 106, T...
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