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Himachal Pradesh Court March 1986 Judgments

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Mar 10 1986

G.C. Bhatia Vs. R.L. Seth

Court: Himachal Pradesh

Decided on: Mar-10-1986

Reported in: AIR1987HP69

ORDERV.P. Bhatnagar, J.1. Shri G. C. Bhatia is the tenant whose eviction from the rented building had been sought by the landlord Shri R. L. Seth on the ground that Shri Bhatia had ceased to occupy the said premises for a continuous period of 12 months without reasonable cause. The learned Rent Controller, accepting the ground on which the eviction had been sought, ordered the eviction of the tenant by his judgment dt. Aug. 19, 1982. The learned Appellate Authority, Shimla dismissed the appeal of the tenant vide judgment dt. Aug. 27, 1983 aggrieved from which the present revision petition has been preferred.2. In para 18(a) of the application for eviction filed before the learned Rent Controller, Shimla, the following ground for eviction was raised :The respondent has ceased tooccupy the premises for a continuous period of 12 months without reasonable cause. As already stated above since the respondent has already been transferred out of Simla since more than 5 years and his family mem...


Mar 06 1986

Himachal Road Transport Corpn., Shimla Vs. Miss Neena and anr.

Court: Himachal Pradesh

Decided on: Mar-06-1986

Reported in: II(1987)ACC163,AIR1987HP32

P.D. Desai, C.J.1. The finding of the Tribunal on the issue of negligence is incapable of being assailed. On appreciation of the evidence, the Tribunal has rightly attributed negligence to the driver of the Bus owned by the appellant.2. On the quantum of damages, no interference is called for, since the Tribunal's award in the total sum of Rs. 40,000/- does not appear to be beyond the brackets on the facts and in the circumstances of the case, even assuming that the quantification thereof under different heads may not be strictly accurate. The relevant evidence has been elaborately discussed in paras 9 and 10 of the judgment. The victim of the accident was a young girl, aged about 17. She lost all the four incisors of the upper jaw. The lower left ceatral incisor was also broken. The midicatevidence is clear on the point that there is disfigurement of the face on account of change of appearance. The medical evidence further is to the effect that even artificial teeth or denture would n...


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