Himachal Pradesh Court May 1982 Judgments

Mohinder Singh Vs. Mohd. Ibrahim and anr.

Court: Himachal Pradesh

Reported in: AIR1982HP95

ORDERVyas Dev Misra, C.J.1. This is a tenant's revision under Section 21 (5) of the Himachal Prades Urban Rent Control Act, 1971 (referred to as the Act) against the order of the Appellate Authority, Simla, upholding the order of the Rent Controller (I), Simla, directing eviction of the tenant.2. In Ladakhi Mohalla, Simla, is situated a building known as 'Imambara' and bearing No. 116/3. A set of two rooms, a latrine, and a verandah of the Imambara had been rented to Kulwant Singh and Mohinder Singh for their residence on a monthly rent of Rs. 11-90. A petition for eviction under Section 14 of the Act was made against the tenants on the grounds that they have ceased to occupy the premises for a continuous period of 12 months without reasonable cause; that the tenants were in arrears of rent to the tune of Rs. 315-32 paise; and that the premises were required by the petitioner for the personal use and occupation of a muezzin. This petition was resisted only by Mohinder Singh (referred t...

Ram Rakha and ors. Vs. Smt. Ram Rakhi

Court: Himachal Pradesh

V.P. Gupta, J.1. The following question has been referred to this Bench:'Whether under the Punjab Customary Law a daughter has a right to succeed to the non-ancestral property of the collateral of her deceased father as the representative of her father?2. To appreciate the controversy, it is better to refer to the pedigree table of the parties to this case and the facts as given in the order of reference dated 30th May, 1969. Sopai _____________|_________________ | | Ganesha Dasonghi | | _______________________ Malha | | | Hira Kanshi | | | | ____________________ Amin Chand | | | (adopted son) | Gandu Sita Ram | | | | Smt. Vidyawanti | Mst. Parmeshri Roshan Lal (widow) | (widow) | (Plaintiff) | | (mother of Roshan) | Mst. Ram Rakhi | (daughter) | (Defendant No. 1) | ________________________________________________________________________ | | | | | Ram Rakhi Jeetu Amin Chand Jog Raj Chiranji Lal(Plaintiff No. 1) (died issuless) (adopted by Kanshi) (Plaintiff)3. Ram Rakha and Chiranji La...

Mast Ram and anr. Vs. Makhnu

Court: Himachal Pradesh

Reported in: AIR1982HP113

T.R. Handa, J.1. 'Whether a widow who succeeded to the estate of her husband before the coming into force of the Hindu Succession Act, 1956 and thereafter her estate becomes enlarged to the full ownership, can be said to have succeeded through her husband to the property in terms of Section 15 (2) of the Punjab Pre-emption Act.'is the short though controversial question which has been referred to this Full Bench.2. The circumstances which have given rise to this reference may be briefly sketched like this: one Moti Ram who was the last male holder of the land which forms subject matter of the present litigation. He died issueless in the year 1930 leaving behind his widow, Smt. Lachhmi as his sole heir. Smt. Lachhmi thus succeeded to the land of her husband in her capacity of a Hindu widow. Of course under the law then in force all that she got as a result of this succession was a limited estate or what was then known as a 'widow's estate'. She continued to possess this land till the en...

State of Himachal Pradesh Vs. Manmohan Bhardwaj and ors.

Court: Himachal Pradesh

Reported in: (1983)ILLJ474HP

T.R. Handa, J.1. The sole question involved in this revision petition concerns the validity of the privilege claimed by the petitioner State of Himachal Pradesh under Section 123 of the Evidence Act against the production of certain documents which had been summoned from it by the trial court at the instance of the respondent. The question arises in the following circumstances.2. The respondent who is the plaintiff in the court below is an employee of the Public Works Department of the petitioner State. It appears that in the matter of promotion he was superseded by some of his junior colleagues on the basis of the recommendation of the Departmental Promotion Committee constituted for the purpose. The plaintiff thereupon filed a suit in the trial court wherein he inter alia, prayed for issue of a declaration that the order of defendant No. 1 promoting his junior colleagues was illegal and void and that plaintiff-respondent was entitled to be promoted,3. It was in the course of the tria...

Saunu Vs. the Collector, Land Acquisition, B.S.L., Mandi, (H.P.)

Court: Himachal Pradesh

Reported in: AIR1982HP118

V.D. Misra, C.J.1. This appeal is directed against the award given on a reference under Section 18 of the Land Acquisition Act by the Additional District Judge, Matidi.2. By a notification dated 4th Dec., 1965, issued under Section 4 of the Land Acquisition Act, the Government acquired land measuring 20-15-4 bighas situated in village Kalauhad, Tehsil Sundernagar. This land belonged to the appellant. The appellant was not satisfied with the amount of compensation awarded by the Land Acquisition Collector. He asked for reference which was made. After recording the evidence produced by the parties, the learned Additional District Judge came to the conclusion that the compensation awarded by the Collector cannot be termed unreasonable.3. Mr. Kedar Ishwar, learned counsel for the appellant, contends that the Court was not justified in rejecting the revenue mutations produced by the appellant as evidence for determining the market value of the acquired land. He also makes a grievance of the...

Jagan Nath Vs. State of Himachal Pradesh

Court: Himachal Pradesh

Reported in: 1982CriLJ2289

Was Dev Misra, C.J.1. Jagan Nath, aged about 20 years, has been convicted under Section 302 of the I.P.C. for the murder of Hiru and sentenced to imprisonment for life by the Additional Sessions Judge, Kangra, at Dharamsala, He appeals against the conviction and 'sentence.2. Hiru (deceased) was residing in village Dari with his family members. On 17th September, 1979 Hiru with his wife went for cutting grass. They returned as the sun was setting. On the way to their house falls their cattle shed. Hiru told his wife Geeta Devi to Proceed on to the house since he had to give fodder to the cattle, Geeta Devi, therefore, came alone to the house. All the family members waited for the return of Hiru Thinking that Hiru might come late. everyone went to sleep. Next morning Geeta Devi realised that Hiru had not returned home that night. She went to the cattle shed There she saw her husband lying dead. She noticed that his intestines had come out and the clothes were smeared with blood. Prakash ...