Himachal Pradesh Court September 1989 Judgments
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J.C. Saraswati Vs. P.N. Bhatt and ors.
Court: Himachal Pradesh
Decided on: Sep-26-1989
Reported in: AIR1991HP64
ORDERBhawani Singh, J. 1. The petitioner (hereinafter'the tenant') has a grievance against thejudgment of Appellate Authority (under theRent Act) whereby the appeal preferred byhim against the order of Rent ControlledShimla, in case No. 50-2/80 decided on 19-3-1982 was dismissed and the findings of theRent Controller were upheld with a directionto the tenant to handover vacant possessionof the demised premises to the landlord in amonth. The tenant, therefore, assails thedecision of the Appellate Authority arrived atin C.M.A. No. 51-S/14 of 1982, decided on16-6-1982. 2. Briefly, the facts are that the respon-dent (hereafter 'the landlord') preferred an eviction petition before the Rent Controller, Shimla, against the tenant on 5-9-1980. The tenant is occupying the top floor of Home No. 4, Upper Kaithu Bazar, Shimla. The accommodation consists of two rooms, kitchen, bath, latrine, balcony and an open verandah. He pays Rs. 272/- as rent per annum. 3. The claim of the landlord for the reje...
Smt. Vidya Devi and ors. Vs. Gulzari Lal
Court: Himachal Pradesh
Decided on: Sep-26-1989
Reported in: AIR1990HP89
ORDERBhawani Singh, J.1. This revision petition arises out of the judgment of the Appellate Authority, Solan, under the Himachal Pradesh Urban Rent Control Act, 1971, in Rent Appeal No. 78-S/14 of 1978, decided on July 9, 1982. By this judgment, the appellate authority has dismissed the appeal of the petitioners-landlords and affirmed the order of the Rent Controller in case No. 14/2 of 1977/69/1 of 1978, decided on November 28; 1978. The landlords have a grievance against these judgments, hence this revision in this Court.2. Briefly stated, the facts are that the tenant, Gulzari Lal was inducted as such by the predecessor-in-interest of the petitioner-landlords, namely, Smt. Vidya Devi wife of Shri Vidya Dhar, prior to the purchase of the premises in dispute consisting of a shop located opposite to the United Commercial Bank -- Rajendra Corporation, The Mall, Solan, by the present petitioner-landlords.3. The petition has been filed under Section 14(3)(a)(iii) of the Himachal Pradesh U...
Raghbar Datta Pyare Lal and ors. Vs. Malka Rani and ors.
Court: Himachal Pradesh
Decided on: Sep-26-1989
Reported in: 1990ACJ812
Bhawani Singh, J. 1. These appeals, F.A.O. No. 77 of 1982; M/s. Raghbar Datta Pyare Lal v. Malka Rani and F.A.O. No. 97 of 1982; Malka Rani v. Raghbar Datta Pyare Lal, arise out of the same accident and the award of the Motor Accidents Claims Tribunal, Kangra, therefore, they are being taken up together for decision by this common judgment.2. These appeals arise out of the award in Case No. 6 of 1975, dated June 29, 1982, by the Motor Accidents Claims Tribunal, Kangra and both the parties--claimants and respondents--have a grievance against the same; therefore, they assail it by way of these appeals.3. The facts briefly stated are that the claimants are the dependants of Jagroop Singh (deceased). They claim an amount of Rs. 50,000/- by way of compensation for the death of Jagroop Singh. They say that Jagroop Singh was employed as a salesman with Sanjay Filling Station, Gaggal. He had gone to Pathankot to bring petrol and lubricant oil, belonging to Sanjay Filling Station. This material...
Lakh Ram Vs. Babu Ram
Court: Himachal Pradesh
Decided on: Sep-11-1989
Reported in: AIR1991HP32
ORDERBhawani Singh, J.1. By this revision petition, the tenant has challenged the judgment of Appellate Authority (I), Shimla, in C.M.A. No. 125-S/14 of 1988 decided on 28-3-1989 thereby affirming the order of the Rent Controller dated 12-8-1988 in Case No. 70/2 of 1986.2. The facts, in brief, are that the tenant occupies premises consisting of two rooms and one store of the building known as 'Pen Rose Lodge, Kasumpti, a suburb of Shimla. The landlord moved this petition under Section 14 of the Himachal Pradesh Urban Rent Control Act, 1971 on grounds, inter alia, that the tenant had failed to pay the rent from 1-8-1982 to 30-9-1986 despite repeated demands and notices and that the building was very old and had outlived its life and was in a dilapidated condition and thus had become unsafe and unfit for human habitation. It is just like a village house without any modern facilities and the petitioner had purchased the building with a purpose to demolish the same and reconstruct a buildi...
YamIn Son of Shri Bundu Vs. Shri Jai Kishore Son of Shri Jugal Kishore ...
Court: Himachal Pradesh
Decided on: Sep-11-1989
Reported in: AIR1991HP22
ORDERBhawani Singh, J. 1. This revision petition assails the judgment of the appellate authority, district Sirmur, under the Rent Act. By this judgment the appeal of the landlord has been accepted and the tenant has been directed to put the landlord in possession of the shop in question within a span of three months from the date of the order. The order of the Rent Controller was in favour of the tenant and now the tenant assails the judgment and findings of the appellate authority and appeals to set aside the same. 2. The facts, in brief, are that the tenant is in occupation of a shop situated in Nahan town. He is paying Rs. 30/- per month as the rent of the same. The landlord preferred a petition Under Section 14 of the Himachal Pradesh Urban Rent Control Act for the eviction of the tenant on the grounds inter alia that the landlord bona fide required the premises for rebuilding and the proposed construction cannot be carried out without the building being vacated. The landlord inten...
Jamil Ahmad Vs. Dewan Chand
Court: Himachal Pradesh
Decided on: Sep-11-1989
Reported in: AIR1991HP50
ORDERBhawani Singh, J. 1. Petitioner Jamit Ahmad has a grievance against the judgment of the appellate authority under the Rent Control Act (District Judge), Nahan, in appeal No. 12N/ 14 of 1982, decided on April 28, 1983, thereby affirming the order of eviction passed by the Rent Controller, District Sirmur, at Nahan, in Rent Suit No. 2/2 of 1979, decided on July 1, 1982. 2. The facts, in brief, are that the tenant (hereinafter referred to as 'the petitioner') is occupying the shop on the ground floor of the building bearing Municipal No. 1759/9, situate in Ward No. 9, Mohalla Ganughat, Nahan. It is a double storeyed building and the respondent (hereinafter called as 'the landlord') purchased it through a registered sale deed dated October 5, 1978 and is occupying the first floor thereof. 3. A petition, seeking eviction of the petitioner was moved on the grounds inter alia that he was in arrears of rent; that the building has become unsafe and unfit for human habitation; the same is b...
Joga Singh Vs. Gurdip Kaur
Court: Himachal Pradesh
Decided on: Sep-11-1989
Reported in: II(1990)DMC59
Bhawani Singh, J.1. This appeal arises out of the judgment of District Judge, Una, in Hindu Marriage Petition No. 27 of 1985 decided on 23-4-1986. By this judgment, a petition by the respondent under Section 13(1-A)(ii) of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act') has been granted and a decree for dissolution of marriage by way of divorce has been passed in favour of the respondent-wife. The appellant has a grievance against this decision. Therefore, the same has been assailed by this appeal.2. The brief facts are that the marriage between the parties took place somewhere in June, 1977 in village Bhadsali in District Una according to prevalent rites and ceremonies. The respondent remained with the petitioner for a short duration of 10 to 15 days and then left to live with her parents and thereafter there was no cohabitation between them. There is no issue out of this wedlock.3. The respondent instituted a petition seeking dissolution of marriage on the ground ...
Union of India (Uoi) Through the Secretary, Ministry of Defence Vs. Su ...
Court: Himachal Pradesh
Decided on: Sep-11-1989
Reported in: I(1990)ACC275,1990ACJ215
Bhawani Singh, J.1. These appeals FAO. No. 6 of 1982 (Union of India v. Sudhir Khanna) and FAO. No. 7 of 1982 (Union of India v. Dharam Pal Kapoor) arise out of the same accident and common award of the Motor Accidents Claims Tribunal, Solan. As facts are common, they are being decided by a common judgment.2. These appeals have been filed by the Union of India against the award dated 28.9.1981 whereby tortious liability of respondent No. 1 has been established and claims by way of damages have been awarded to the claimants in these cases. Respondent No. 1 has thus assailed the award by these separate appeals.3. The facts, in brief, are that on 17.11.1974 Sudhir Khanna (28) and Anil Kumar Kapoor (25) were going on Kalka-Shimla National Highway on motor cycle No. CHO 1600 to Snawar Public School. They were coming from Chandigarh and the accident took place near village Sanawara when Air Force truck No. TUD 41637, coming from opposite direction, collided with their motor cycle. As a resul...
State of Himachal Pradesh and ors. Vs. Dumna Ram and anr.
Court: Himachal Pradesh
Decided on: Sep-11-1989
Reported in: I(1990)ACC659,1990ACJ608
Bhawani Singh, J. 1. This appeal arises out of the award of Motor Accidents Claims Tribunal, Mandi, in claim petition No. 71 of 1981, decided on 18.5.1982. The State challenges the findings of the Tribunal as to the rash and negligent driving by appellant No. 3 who was the driver of the truck No. HPM 776, at the relevant time and the quantum of compensation awarded to the claimants.2. The facts, in brief, are that the deceased Sarwan Kumar was the pillion rider with Som Nath, deceased, who was driving the motor cycle No. HPM 758 while coming to Kunu from Padhar in District Mandi on Mandi-Pathankot Road. Truck No. HPM 776 was coming from Mandi to Jogindernagar. The allegation is that the truck was coming at an excessive speed and its body struck the motorcyclists and they succumbed to the injuries instantaneously. It is stated that although the road was wide enough to enable two vehicles to pass, but the truck driver did not leave even a gap to enable the motor cycle to pass through. Th...
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