Court : Jammu and Kashmir
Reported in : AIR1981J& K45
ORDERI.K. Kotwal, J.1. This revision petition arises in the following circumstances:The petitioner acquired a shop from the first respondent on a monthly rent of Rs. 30/- by virtue of a rent deed executed on 10-1-1961. This rent was enhanced to Rs. 50/- per month vide another rent deed dated 13-1-1964, and finally to Rs. 80/- per month vide rent deed dated 1-9-1966. He made an application against the first respondent for fixation of fair rent before Rent Controller, Jammu. During the pendency of this application, the shop on family partition fell to the share of the second respondent who too was made a party to it. In the application urged that the rent was highly exorbitant and every time its enhancement was preceded by a notice for ejectment. The case of the respondent on the other hand was that the rent was enhanced not under any threat or coercion but by mutual agreement of the parties, as the respondent had to spend huge amounts, time and again, on effecting improvements to the sh...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : AIR1981J& K2
I.K. Kotwal, J.1. This appeal raises two important questions : One, about the interpretation of Sections 4 and 29 (2) of the Jammu and Kashmir Hindu Marriage Act, 1955 (hereinafter the Act), and the other, about the jurisdiction of a court, trial or appellate, trying a case under the Act, to entertain and adjudicate upon a plea of prior dissolution of a marriage in accordance with a custom governing the parties.2. The appellant brought a petition under Section 9 of the Act against her husband, the respondent, for a decree for restitution of conjugal rights on the ground that he had withdrawn from her society without reasonable excuse and was no longer willing to accept her as his wife. The defence set up by the respondent was that she was a woman of bad character, who had been living in adultery with one Dalip Singh, as a consequence whereof, the marriage was dissolved by mutual agreement of the parties through execution of 'Tyagpattar' (Deed of divorce), pursuant to a custom governing...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : AIR1980J& K57
ORDERA.S. Anand, J.1. Shri Sat Paul has filed this petition under Section 82/86 of the Representation of the People Act, 1951, seeking orders to be made a party in the Election Petition titled 'Hari Om Singh Versus Dr. Karan Singh' and for being arrayed as a respondent.2. For proper appreciation of the case of the petitioner-applicant, it is desirable to reproduce the exact aver~ ments made in the application:--'2. That the petitioner who also contested the election in the five Udham-pur Parliamentary Constituency in the year 1980 against the respondent and six other contesting candidates, but he has not been made a respondent in the case. Since the applying petitioner knows all the activities of all the contesting candidates and he is also interested and desirous to helping the Hon'ble Court in arriving at a correct decision and furthermore the petitioner has got a statutory right to be impleaded as a party in these proceedings. The petitioner prays that the petitioner be made party t...
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