Court : Punjab and Haryana
Decided on : Mar-07-1960
Reported in : AIR1960P& H639
Chopra, J.(1) The only question involved in this appeal under Clause 10 of the Letters patent is whether a second appeal against an order made in execution proceedings of a decree for ejectment passed under the Delhi and Ajmer-Merwara Rent Control Act, XIX of 1947, is competent.(2) The facts relevant for the purposes of this appeal are these: The appellant-landlord had filed a suit for ejectment of his tenant, the respondent, on 24-8-1945, on the ground of the tenant having sublet a part of the premises without obtaining his consent. A decree for ejectment, on the basis of a compromise, was passed in favour of the landlord on 29-11-1945. According to the compromise the tenant was to vacate the premises after the expiry of six months. The tenant having failed to vacate the premises, the landlord-decree-holder took out execution of the decree. During the pendency of the execution proceedings, the Delhi and Ajmer Merwara Rent Control Act, XIX of 1947 (hereinafter to be referred as the Act...
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-25-1960
Reported in : AIR1961SC4; (1961)63BOMLR138; 1978CriLJ1281; [1961]1SCR341
Gajendragadkar, J. 1. The appellants in these two appeals had filed two separate petitions under Art. 226 of the Constitution in the Bombay High Court in which they had challenged the vires of s. 6 (2) of the Bombay Tenancy and Agricultural Lands Act, 1948 (LXVII of 1948) (hereafter called the Act) and the validity of the notification issued by the Government on October 17, 1952, under the provisions of the said s. 6 (2). It appears that on June 23, 1949, in exercise of the powers conferred by s. 6 (2) of the Act, the Government had issued a notification fixing 'in the case of an irrigated land 1/5 and in the case of any other land 1/4 of the crops of such land or its value as determined in the prescribed manner as the maximum rent payable by the tenants of the lands situate in the areas specified in the schedule appended thereto'. Amongst the areas thus specified was the area in which the appellants' lands are situated. Subsequently, on October 17, 1952, by virtue of the same powers a...
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