Court : Himachal Pradesh
Decided on : Dec-12-1974
R.S. Pathak, C.J. 1. I regret I am unable to agree entirely with my brother D. B. Lal. The facts have been stated in his judgment and need not be repeated here.2. The first question is whether the landlord and tenant are bound in a proceeding for the fixation of fair rent under Section 4 of the East Punjab Urban Rent Restriction Act, 1949 (which for convenience I shall call 'the Act') by an earlier order of the Controller determining the fair rent in terms of a compromise between the same parties in respect of the same building.3. Section 4 of the Act provides for the fixation of the fair rent of a building by the Controller. Sub-section (1) provides that on application by the tenant or the landlord the Controller must fix the fair rent 'after holding such enquiry as the Controller thinks fit'. Sub-section (2) prescribes the scheme to be followed by the Controller. The scheme provides that he should first determine the basic rent. Two considerationsare laid down for that purpose; (a) t...
Tag this Judgment!Court : Himachal Pradesh
Decided on : Sep-10-1974
Chet Ram Thakur, J.1. These four appeals arise out of four claims petitions under Section 110-A of the Motor Vehicles Act disposed of by the Motor Accident Claims Tribunal, Mahasu and Kinnaur Districts at Kelleston, Simla by a single judgment, dated 3lst August, 1971.2. The undisputed facts of the cases are that on 28th October, 1969 the Haryana Roadways Bus No. HRA-1243 left Chandigarh at about 2-10 P.M. for Kasauli, Shri Anand Kumar a second year Law student, Shri Ajesh Kashyap, a third year Chemical Engineering Stu-dent, Shri Ravi Datta, a Forest Guard and his brother Shri Bishan Datt boarded the bus. When the bus reached near village Jabli, 17 miles towards the West of Police Station, Solan, i.e., at 73 milestone, the front wheel tyre of the right side of the bus burst and the driver who was driving the bus negligently and rash1ly could not control the bus with the result that it rolled down in the Khud at a distance of about '450 feet from the road. Sarvshri Anand Kumar and Ajesh ...
Tag this Judgment!Court : Himachal Pradesh
Decided on : Mar-07-1974
Reported in : AIR1974HP57
D.B. Lal, J.1. This second appeal is directed against the decision of the District Judge Simla, affirming on appeal a decision of the Senior Sub-Judge, Simla, in execution case under Section 47 read with Section 151 of the Code of Civil Procedure, whereby objections of one Major (Retired) P. L. Morada, tenant of Grange Villa, Simla in execution of an order of eviction passed against him by the Rent Controller Simla, in a petition under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 have been dismissed. The case appears to have some chequered history. Sometime in 1970 Shri S. D. Bakshi landlord of Grange Villa filed a petition under Section 13 of the East Punjab Rent Restriction Act 1949 (hereinafter to be referred as the Rent Restriction Act. 1949) against his tenant Major P. L. Morada on ground of personal requirement of the accommodation, which was allowed on 22-3-1972. It is. however, to be noticed that the Himachal Pradesh Urban Rent Control Act, 1971 (hereinafter t...
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