Court : Punjab and Haryana
Decided on : Mar-11-1959
Reported in : AIR1959P& H381
Bishan Narain, J. 1. The question that is required to be determined by this Bench is whether or not Section 7-A read with Schedule IV of the Delhi and Ajmer-Merwara Rent Control Act, 1947 contravenes and violates Article! 14 of the Constitution. 2. The facts which have led to the raising of this question are these. S.N. Bhalla is the owner of the residential premises constructed on plot No : 17A/ 35, Western Extension Area, Karol Bagh, New Delhi; The construction of these premises was admittedly not completed before the commencement of the 1947-Act on 24-3-1947 nor were they let to a tenant before that date. S.N. Bhalla let the premises on lease to G.D. Soni who agreed to pay rent at Rs. 175/-per mensem excluding house-tax. During the tenancy Soni applied for fixation of standard rent under pection 7-A read with Schedule J,V of the 1947 Rent Control Act. The Controller fixed the standard rent at Rs. 110/- which was ultimately raised by this Court to Rs. 124/-8/- by order dated 3-5-1953...
Tag this Judgment!Court : Punjab and Haryana
Decided on : May-12-1959
Reported in : AIR1959P& H501
ORDERBishan Narain, J.1. The premises known as 2 Todar Mal Lane, New Delhi, belonged at One time to Lakhmi Chand. He let the same to Sri Krishan Aggarwal for purposes of residence on a monthly rent of Rs. 38/3/-. Lakhmi Chand gifted the promises to his son Satya Dev on 19th June, 1956, The donee filed the present suit for eviction of the tenant on 27th August, 1956 on the ground that he required the premises bona fide for his residence and that he had no other suitable place for this purpose. The tenant inter alia pleaded (i) that there was no relationship of landlord and tenant between the parties and (2) that the plaintiff did not bona fide require the premises for his residence. The trial court rejected both these defences but made the ejectment decree conditional on the filing of an affidavit that the plaintiff's marriage would take place within the next three months. The tenant appealed against the ejectment decree while the landlord filed cross-objections, to get the condition so...
Tag this Judgment!Court : Himachal Pradesh
Decided on : Jul-16-1959
Reported in : AIR1960HP1
T. Ramabhadaran, J.C.1. This appeal, by a plaintiff, arises out of a suit for the recovery of a sum of Rs. 32,726/-/-, representing the balance due to him (the plaintiff) from defendants 1 and 2 (Sansar Chand and Hari Chand) on account of the sale of the right to levy octroi at Chamba for 2005 B. The remaining defendants stood sureties for defendants 1 and 2 and were accordingly impleaded in the suit. After a protracted trial, the suit was dismissed by the learned Senior Subordinate Judge, Chamba on 31-8-1957. Hence, this appeal.2. When this appeal came up for hearing at Chamba on the 9th ultimo, three preliminary objections were raised by the learned counsel for the respondents to its competency. (A) The memorandum of appeal was not properly signed or presented, since Shri L.N. Sethi was not the Government Advocate of Chamba at the relevant period. (B) Talbana had not yet been paid. (C) The appeal was time-barred because when it was presented to the Court of the Senior Subordinate Jud...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Aug-20-1959
Reported in : AIR1960P& H11
G.L. Chopra, J.1. The only point of law involved and referred for decision of the Bench in these two petitions for revision (No. 392-D of 1954 and No. 537-D of 1958) is as follows:'Whether in a suit, otherwise within the jurisdiction of a Court of Small Causes, the jurisdiction of such Court is ousted by the defendant raising the question of the fixation of standard rent according to the provisions of Act No. XXXVIII of 1952, because such a question cannot be decided and disposed of by a Court of Small Causes, and the course open to the Court of Small Causes is to return the plaint for presentation to a proper Court, which will of course be a Court under Act No. XXXVIII of 1952'?(2) In C. R. No. 392-D of 1954, a suit for recovery of arrears of rent, Rs. 683/3/-, was instituted by the landlord in the Small Causes Court, Delhi, on 23rd December, 1953. One of the defence taken by the tenant was that the rent claimed was more than the standard rent and a prayer for the standard rent being ...
Tag this Judgment!Court : Orissa
Decided on : Oct-21-1959
Reported in : AIR1960Ori88
Narasimham, C.J.1. This is a petition under Article 226 of the Constitution, challenging the validity of the appellate order dated the 2nd September, 1958 passed by the Revenue Divisional Commissioner, Northern Division, Sambalpur, maintaining the order of the District Magistrate of Sundargarh declining to renew the temporary license granted to the petitioner to exhibit cinema films in a temporary building at Rajgangpur.2. Rajgangpur was formerly a village in Sundargarh district but it has gradually grown into a fairly big town consequent on the establishment of a Cement factory and other industrial concerns there. On the 1st January, 1951, the petitioner was first given a temporary license to exhibit cinema films at Rajgangpur. This license was renewed from time to time after the expiry of the usual period of three months and the last period of renewal expired on 31-12-57. The building where the cinema films were exhibited was a temporary structure but it appears that the petitioner w...
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