Court : Punjab and Haryana
Decided on : Nov-08-1965
Reported in : AIR1966P& H185
Mehar Singh, J.1. The two appellants Rajindar Prashad and Khub Chand, are owners of 795 acres of agricultural land, the whole of it under tenants, in village Odian, Tehsil Fazilka of Ferozepur District. On April 15, 1953, the Punjab Security of Land Tenures Act, 1953 (Punjab Act 10 of 1953), hereinafter to be referred as 'the Act', came into force. It gave protection to tenants against ejectment except on grounds specified in Section 9. Clause (i) of Sub-section (1) of section 9 reads--'Notwithstanding anything contained in any other law for the time being in force, no land-owner shall be competent to eject a tenant except when such tenant is a tenant on the area reserved under this Act or is a tenant of a small land-owner.'In section 2(3) the expression 'permissible area' has been defined. The definition reads--' 'Permissible area' in relation to a landowner or a tenant, means thirty standard acres and where such thirty standard acres on being converted into ordinary acres exceed sixt...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Mar-22-1965
Reported in : AIR1966P& H488
S.K. Kapur, J.1. This is a reference under Section 57 of the Indian Stamp Act, 1899. The question referred for decision is as to the propel stamp duty payable on the instrument of lease dated the 27th July, 1954, between P. C. Bhandari, the lessor, and Caltex (India) Limited the lessee. What we have been called upon to decide is whether the article applicable to the lease deed is Article 35 (a) (iii) or 35 (c) of Schedule I to the Indian Stamp Act. The effort on the part of the revenue is to establish a more lucrative interpretation of law and depart from what according to the respondents had been the interpretation previously followed by the department. Briefly, the facts reading to this dispute are that the said lease deed dated the 27th of July, 1954, was presented before the Sub-Registrar, New Delhi, for registration. The deed was executed on a non-judicial stamp paper of Rs. 85/-. The Sub-Registrar, however, felt that the document was not properly stamped and, therefore, impounded...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-29-1965
Reported in : AIR1966P& H509
S.K. Kapur, J.1. This civil revision under Section 35 of the Delhi and Ajmer Rent Control Act, 1952, is directed against the judgment of Senior Subordinate Judge dated September 26, 1960.2. The premises in question is situate in Deputy Ganj, Sadar Bazar, Delhi. The petitioner Niadar Mal is the landlord of the said premises and respondents Uggar Sain and Padam Sain who are father and son respectively, are the joint tenants with respect to a part of the aforesaid premises. The petitioner landlord filed a suit for ejectment against the respondent-tenants mainly on three grounds--(1) that the conduct of the tenants is such that it is a nuisance to the other occupiers of the same premises and they are therefore liable to be evicted under Section 13(1)(j) of the said Act;(2) that the tenants have acquired other premises and the plaintiff is therefore entitled to a decree for ejectment under Section 13(1)(h) of the said Act; and(3) that the defendants have been causing substantial damage to t...
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