Himachal Pradesh Court April 1980 Judgments
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Sobha and ors. Vs. Behari Lal and ors.
Court: Himachal Pradesh
Decided on: Apr-17-1980
Reported in: AIR1981HP18
ORDERH.S. Thakur, J.1. The petitioners have filed this revision petition against the order dated 3-9-1979 passed by the learned Sub-Judge, First Class, Kangra, whereby an application under Order 18, Rule 17A and Order 13, Rule 2 of the Code of Civil Procedure filed by the petitioners was rejected. Briefly the facts of the case are that the plaintiffs-petitioners filed a suit against the respondents for declaration and injunction in respect of the land in suit. The suit was decreed by the trial court, but the respondents preferred an appeal in the Court of the District Judge, Kangra at Dharamsala. The learned Additional District Judge accepted the appeal on 21-9-1970 and remanded the case to the trial court, after framing two additional issues. The additional issues so framed are reproduced as under :--'(1) When did the succession of Sobha open? OPP (2) Whether the plaintiffs are entitled to 1/2 share of the land mentioned in para No. 2 (c) of the plaint? OPP' 2. The 1 earned Additiona...
Kanwar Hari Bhushan Singh, Etc. Vs. the Financial Commissioner, Himach ...
Court: Himachal Pradesh
Decided on: Apr-10-1980
Reported in: AIR1981HP36
ORDERV.D. Misra, C.J. 1. This judgment will dispose of C.M.P. (M) Nos. 9 and 10 of 1976 since common questions of law have beet) raised. 2. The facts are similar though they differ in details. I will notice the facts, in brief, of C.M.P. (M) No. 9 of 1976. 3. The Himachal Pradesh Ceiling on Land Holdings Act, 1972 (referred to as the Act) came into force on 28th July, 1973. Permissible area of land which a person can hold in any capacity is laid down by Section 4, Section 5 lists the lands exempted from the operation of this Act. Section 6 prohibits persons from holding land in excess of the permissible area. Section 8 enjoins upon a person holding more than the permissible area of land to furnish to the Collector particulars of all his lands in the prescribed form. He is also required to inform the Collector the selection of land which he desires to retain. Section 10 requires the Collector to prepare a draft statement in the manner prescribed. This has to be published and a copy of t...
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