Himachal Pradesh Court August 1982 Judgments

Dhani Ram Vs. Diwan Chand Sharma

Court: Himachal Pradesh

ORDERV.P. Gupta, J. 1. Aggrieved from the order, dated 5th July, 1978 of the Appellate Authority under the East Punjab Urban Rent. Restriction Act, 1049 (shortly called the Act), the petitioner (landlord) has filed this revision petition. 2. Dhani Ram petitioner is the landlord and Dewan Chand respondent is the tenant of a residential premises known as 3rd Storey Set No. 8, Cart Road, Simla. 3. The landlord filed an eviction application on 20th Mar., 1971 under Section 13Of the Act, on the grounds of non-payment of rent and personal requirement,As far as the ground of non-payment ofrent was concerned, the tenant tenderedthe arrears of rent along with interest,etc. to the landlord, who accepted thesame on 19th May, 1971, i. e. the firstday of hearing of the application, withthe result that the landlord gave up theground of non-payment of rent. Now theonly ground for eviction is narrated inpara 3 of the eviction petition as follows:'3. That the premises under the occupation of the respon...

Amar Nath Vs. State of Himachal Pradesh and ors.

Court: Himachal Pradesh

Reported in: AIR1982HP123

ORDERVyas Dev Misra, C.J.1. This is a petition under Article 227 of the Constitution of India challenging the orders passed by the Divisional Commissioner Kangra Division, Dharamsala and the Additional Deputy Commissioner, Dharamsala rejecting the petitioner's application for amendment.2. The relevant facts are these. There was an election of Pradhan of Gram Pan-chayat Khaira. The petitioner was one of the candidates. However, it was Jagjiwan Paul, respondent No. 3, who won the election and became the Pradhan. The petitioner filed an election petition under Section 168 of the Himachal Pradesh Panchayati Raj Act, 1968 (referred to as the Act). Various grounds challenging the election were raised. It may be noticed that the result of the election was declared on 20-11-1978, immediately after the elections were held on the same day. The election petition could be filed within a period of 30 days of the publication of the result. The application for amendment was filed on 9-7-1980, that is...

Ramji Dass Vs. Inder and anr.

Court: Himachal Pradesh

T.R. Manda, J.1. The petitioner Shri Ramji Dass filed a suit against the respondents for the recovery of Rs. 500/- in the Court of the Subordinate Judge, Nalagarh. The trial Court vide its judgment and decree dated 23-11-1968 decreed that suit as prayed in favour of the petitioner. An appeal against the judgment and decree of the trial Court was preferred by respondent No. 1 in the Court of the District Judge, Simla. This appeal was admitted by the District Judge on 24-12-1968. The learned District Judge accepted the appeal, reversed the decree of the trial Court and vide his judgment dated 25-7-1969 dismissed the suit of the plaintiff- petitioner.2. The petitioner then filed regular second appeal in this Court against the appellate judgment of the District Judge. That appeal was registered as R. S. A. No. 3 of 1970 in this Court. Later on realizing that in view of the express provisions of Section 42 (2) of the Punjab Courts Act, 1918 which was then in force, no second appeal could li...