Court : Punjab and Haryana
Decided on : Feb-28-1989
Reported in : AIR1990P& H82
..... defendants nos. 2 and 3. after the said transfer, the defendants nos. 2 and 3 filed a petition under s. 4 of the haryana urban (control of rent and eviction) act, against the plaintiff and the rent was fixed at rs. 80/-per month by the appellate authority vide its judgment dated 8-9-1987. the plaintiff then received a registered .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Mar-10-1989
Reported in : AIR1990P& H83
..... into such allegations would clearly introduce extraneous considerations or amount to prejudging the main issue.2. as a plain reading of the provisions of s. 24 of the act would show either party, i.e. husband or the wife as the case may be, having no independent means, sufficient for its support and necessary expenses of ..... , rajinder kaur can be compensated with costs.' this denotes a grossly misconceived and fallacious approach to the matter in issue. proceedings under s. 24 of the act provide neither the occasion nor the stage for the court to enquire into the veracity or the weight to be attached to allegations in the pleadings of the parties ..... order of the trial court declining the wife's prayer for maintenance pendente lite and expenses of litigation under s. 24 of the hindu marriage act, 1955 (hereinafter referred to as 'the act'), on the ground that the husband's petition for divorce involved 'serious allegations of gross misbehaviour and infidelity' with of course the rider 'however .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Aug-31-1989
Reported in : AIR1990P& H89; (1990)97PLR290
..... was not effected by a registered deed.7. the entire approach of the learned appellate judge is erroneous and unsustainable. ss. 54, 107 and 123 of the transfer of property act were made applicable to the erstwhile state of punjab on march 26, 1955. after these provisions were made applicable sale, lease of immovable property, gift could only be made by ..... virtue of exchange/adverse possession opp 2. whether the suit is not maintainable in the present form opd 3. whether the plaintiff is estopped from filing this suit by his act and conduct opd 4. whether this court has no jurisdiction to try this suit? opd 5. whether the plaintiff has no locus standi to file this suit opd 6. relief .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jul-19-1989
Reported in : 1990ACJ78; AIR1990P& H98
..... spent a sum of rs. 10,000/- on the treatment of her daughter and, therefore, she will be deemed to be a legal representative as defined under subsection (11) of section 2 of the code of civil procedure. according to the learned tribunal omwati will be entitled to the compensation as any person who meddles with the case of the deceased ..... deceased luxmi, could make any application for being impleaded as a legal representative of the deceased. according to the learned counsel, she was neither her heir under the hindu succession act, nor otherwise could be. said to be a legal representative as such particularly on the death of tej pal. in support of the contention, the learned counsel relied upon calcutta .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Oct-23-1989
Reported in : AIR1991P& H173
..... the petitioner was successful in a civil bout, the respondents in order to retain illegal possession took resort to the provisions of the requisitioning and acquisition of immovable property act, 1952 to legalise their unauthorised occupation.2. a. k. sircar is the petitioner who challenges in this writ petition filed under arts. 226 and 227 of the ..... . in order to bypass the decree passed -in favour of the petitioner, respondent no. 1 took resort to the provisions of the punjab requisitioning and acquisition of immovable property act, 1952 as amended. he passed an order under s. 3 on october 5, 1988 i.e. the date on which executing court had dismissed the application, copy annexure ..... the respondents in that respect was dismissed. it was on that very date that order, annexure r.1 (p. 5) was passed. s. 3(1)of the said act reads as under :--'3. power to requisition immovable property.-- (1) where the competent authority is of opinion that any property is needed or likely to be needed for any .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-18-1989
Reported in : AIR1989P& H224
..... fittings and fixtures including the telephone in question having fallen to the share of the answering respondent on the basis of family settlement dt. 9-2-1986 which was duly acted upon (photostat copy annexure r-1) between the parties after the death of their mother smt. kaushalya. it was further clarified that another house along with its fittings and fixtures .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : May-22-1989
Reported in : AIR1990P& H232; (1990)98PLR615
..... received by the petitioner company on 5-4-1984. thus, argued the learned counsel the appeal filed on 3-5-1984 was within 30 days as contemplated under section 85 of the act. section 85 reads as under:'limitation of appeal.--(1) no appeal shall lie in respect of a tax on any land or building unless it is preferred within one month ..... dated 3-4-1984 was of no consequence. it was also submitted that the said order has now been confirmed by the state government while exercising power under section 237 of the act and, therefore, now it was not open for the petitioner to challenge the same in appeal even if this court holds that the appeal was filed within time ..... 2-1984 was received by the petitioner company on 5-4-1984. within 30 days thereof, they filed the appeal against the said order of assessment as contemplated under section 85 of the act on 3-5-1984. the said appeal was dismissed as barred by time vide annexure p-3, by the deputy commissioner, sangrur. according to the learned deputy .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-12-1989
Reported in : AIR1990P& H237
..... the observation of the learned single judge, reproduced above, is beyond the record and cannot be sustained. there is no power of review. under section 24 of the act, powers have been given to chief settlement commissioner to exercise supervisory powers of revision in respect of the decisions of subordinate officers. the power of ..... .) determining the eligibility of the appellant is improper and set aside the same. the appellant preferred a revision petition under section 33 of the displaced persons (compensation and rehabilitation) act, 1954, (for short the act) before the central government which was heard by the delegated authority. the revision petition was dismissed on february 25, 1971 ..... the legislature to be exercised for specific purpose on specific grounds.section 25 of the act deals with the review of an order of the settlement officer passed under section 5 of the act from which no appeal is allowed under section 22 of the act. a very limited power of review has been given to the .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-17-1989
Reported in : AIR1989P& H322
ORDERJ.V. Gupta, J. 1. This is tenant's petition against whom eviction has been ordered by both the authorities below on account of non-payment of house-tax.2. The landlord, Smt. Santosh Kumari, filed an ejectment application on 13th Jan., 1984 claiming arrears of rent @ Rs. 240/- per month with effect from 1st Oct., 1982. It is also claimed in para 4 of the ejectment application that the tenant is also liable topay house-tax at the rate of Rs. 24/- per month which he has not paid from 1st May, 1980 to 31st Dec., 1983, in spite of notice served on him on 21st April, 1980. Thus, according to the landlord, a sum of Rs. 1,032/- is also due from the tenant on this account.2A. On the first date of hearing, the tenant paid the total amount of Rs. 4,290/- including the costs and the interest. The said rent was paid up to 29th Feb., 1984, i.e. in excess for three months. In other words, a sum of Rs. 720/- equivalent of three months' advance rent at the rate of Rs. 240/- per mensem was paid in ...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Feb-17-1989
Reported in : AIR1990P& H23
1. On 16-3/1970. Tulsi Ram filed a suit against Sukhwinder Pal for a declaration that he was owner in possession of 96 Kanals 17 Marias of agricultural land detailed in the suit and challenged the gift deed dt. 30th Sept. 1968, which is alleged to have been executed by him in favour of the defendant, who is brother's grandson on the ground that the same was obtained by fraud or misrepresentation as he was an old man and it was represented to him by defendant that loan was being granted to the landowners and since he was of old age he should execute a power of attorney. Under the pretext of executing the power of attorney, thumb impressions on the gift deed were obtained, which did not bind him. Before obtaining thumb impressions the defendant administered milk in collusion with his father which contained some drug. In the gift deed it was mentioned that he had no male or female child although he had a daughter living. Even the wife living but no mention was made about her.2. The defend...
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