Court : Himachal Pradesh
Decided on : Jan-17-1973
Reported in : AIR1974HP1
R.S. Pathak, C.J.1. The Union of India is aggrieved by an order of the District Judge, Simla. as Appellate Officer under the Public Premises (Eviction of Unauthorised Occupants) Act, 1958, quashing an order of the Estate Officer for eviction of the respondent, Shri C. Baljee.2. The Grand Hotel. Simla, belongs to the Government of India. On April 15, 1965. the Government executed a lease in favour of Messrs Bailee in respect of a portion of the Grand Hotel for three years ending April 14. 1968 on an annual rent of Rs. 49,812/- payable monthly. There was a clause in the lease that it could be renewed at the option of the Government upon the expiry of the period of three years. On January 9/12, 1968 the Government of India wrote to the lessee that it had decided not to renew the lease and that, therefore, vacant possession should be handed over upon its expiry. The lessee served a notice under Section 80 of the Code of Civil Procedure on the Central Government protesting against the direc...
Tag this Judgment!Court : Himachal Pradesh
Decided on : Jan-17-1973
Reported in : AIR1973HP76
D.B. Lal, J.1. This first appeal has been brought by defendant the Union of India from the judgment dated 30thJune, 1970 of the Senior Sub-Judge. Mahasu, wherein the suit of the plaintiffs Sadh Bam and four others for a declaration as to their right of ownership for trees growing over 92.4 bigha area comprising in six Khasra numbers, situate in village Deha, Pargana Shilla, Tehsil Theog. is decreed.2. The plaintiffs' case before the learned Senior Sub-Judge was. that they were tenants of the disputed land of which the proprietary rights had vested in the State Government under Section 27 of the Himachal Pradesh Abolition of Big Landed Estates and Land Reforms Act. 1953 (hereinafter to be referred as the Abolition Act. 1953). Under Sub-section (4) of Section 27. the right, title and interest of the land-owner, namely, the State Government, were to be transferred to the tenants who cultivated the land. The plaintiffs claim to be such tenants and therefore applied to the Compensation Offi...
Tag this Judgment!Court : Himachal Pradesh
Decided on : Mar-20-1973
Reported in : 1973CriLJ1375
ORDERD.B. Lal, J.1. This is a reference made to High Court under Section 438 of the Criminal Procedure Code and arises out of the order made in revision by the learned Additional Sessions Judge, Dharamsala, in a case under Section 133, Criminal Procedure Code instituted before the S. D. M. Palampur as a result to a complaint submitted by Jogeshwar Ram for a mango tree which is standing near his house and of which the branches extend upto his roof and is likely to endanger the security of his house in case it falls, clue to the action of wind or rough weather. The complaint of Jogeshwar Ram was that the tree belonged to Hira Lai and is at a distance of about 10 to 12 yards away from his house. Some two years ago a branch of this tree fell and damaged the roof of the complainant. According to him, the roots of the tree have got exposed and it is likely to fall any time on his house and thereby cause damage to his life and property. The S. D. M. Palampur, after receiving the complaint, go...
Tag this Judgment!Court : Himachal Pradesh
Decided on : Mar-29-1973
Reported in : 1973CriLJ1525
Chet Ram Thakur, J.1. This is a petition under Article 227 of the Constitution of India read with Section 561-A of the Code of Criminal Procedure with a prayer that the order and judgment of the learned District Magistrate, Kinnaur District at Kalpa, dated the 31st July, 1972, be quashed.2. The present respondent had filed a petition under Section 488 of the Code of Criminal Procedure before the Nyaya Panchayat Kalpa on 31st December, 1970 fou maintenance to herself from the present petitioner in this Court on the allegations that according to the custom prevailing in their JJaqa she was a legally married wife of the petitioner and that he had cohabited with her on that right and as a result of that she also conceived a child. When the petitioner saw that the respondent had conceived he tried to get rid of her and somehow or other turned her away from his house on 24th December, 1970. It was on that ground that she laid the petition under Section 488 of the Code of Criminal Procedure b...
Tag this Judgment!Court : Himachal Pradesh
Decided on : Jun-26-1973
Reported in : AIR1974HP19
ORDERChet Ram Thakur, J.1. In connection with the construction of the Pong Dam, the Government had also acquired the land of Dhampu in Tikka Behari, Mauja Dugha, Tehsil De-hra, District Kangra. It appears that he was not satisfied with the award of the Collector and he filed his objections before the Collector for referring the same for adjudication to the Civil Court. The Additional District Judge, it appears, enhanced the award vide his judgment, dated 24th September, 1970.2. The State Government filed an appeal against this judgment of the Additional District Judge enhancing the compensation amount on the reference petition being made by Dhampu claimant. The appeal was filed on 19th December, 1970. On 1st July, 1972, the Advocate-General presented this application CMP No. 365 of 1972. He had stated therein that the claimant-respondent died on 13th February, 1972 as it had now been learnt by him and that he was an oustee from Tikka Behari to whom land had been allotted in Rajasthan. ...
Tag this Judgment!Court : Himachal Pradesh
Decided on : Dec-13-1973
Reported in : AIR1974HP52
Chet Ram Thakur, J.1. During the pendency of the regular first appeal No 22/1967, Krishan Lal v. Beant Singh, the respondent died on 23-8-1969 in the P. G. I. at Chandigarh. The appellant did not take any steps to bring on record the legal representatives of Shri Beant Singh deceased, and, therefore, on 8-12-1972 Amrit Singh one of the sons and the legal representatives of the deceased respondent filed an application under Order 22, Rule 4 (3) read with Rule 11 and Section 151, Civil Procedure Code for dismissing the appeal as having been abated. On this application a notice was issued to the appellant for 7-5-1973.2. The appellant, therefore, filed the application purporting to be under Order 22, Rule 4 read with Section 151. Civil Procedure Code for bringing on record the legal representatives of Shri Beant Singh respondent It was averred in this application that Shri Beant Singh expired in Chandigarh hospital on 23-8-1969 during the pendency of the appeal leaving, behind his widow, ...
Tag this Judgment!