Court : Allahabad
Reported in : AIR1952All974
..... the date of the final order from which the period of limitation for the second application for execution could be computed was really 16-10-1941 and not the earlier date of 17-9-1941, (2) that, under section 11, soldiers (litigation) act iv of 1925, the decree-holder was entitled to have the period during which ram narain pathak had been in military service, namely that from july 1944 to 30-11-1946, excluded in computing the period of limitation for the ..... of these materials it appears to have been contended in the lower appellate court and it was urged before mo also by the decree-holder's counsel that ram narain pathak had been serving as a soldier 'under special conditions' within the meaning of section 11, indian soldiers (litigation) act, iv of 1925, and that, therefore, the decree-holder was entitled to have the entire period of such service excluded in computing the period of limitation for his applications for execution.the learned ..... judgment-debtors, although at the same time it refused to allow the decree-holder to amend his application claiming an exclusion of the period during which ram narain, judgment-debtor, had been in military service under section 11, soldiers (litigation) act iv of 1925, this on the ground that the decree-holder had not desired such amendment at the proper stage.9. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1962All577
..... pathak had been in military employment from july, 1944, till the 30th of november, 1946, and the decree-holder could under section 11 of the indian soldiers (litigation) act, 1925, (act iv of 1925) get that period excluded while counting limitation. ..... was however rejected on the ground that section 11 of the soldiers (litigation) act, 1925, was subject to section 6 of that act and as the interest of ram narain pathak was identical with that of the other judgment-debtors in the case the decree holder could not get any advantage of the provisions of the soldiers (litigation) act. ..... proper appreciation of the second point reference is necessary to the various provisions of the indian soldiers (litigation) act, 1925. ..... has been decided the trial court shall, bearing in mind the observations we have made in this judgment, proceed to decide the question whether the appellant is entitled to get the benefit of section 11 of the soldiers (litigation) act and then decide the question of limitation.costs hitherto incurred shall abide the finalresult. ..... cases are sent back to the trial court for a decision of the question whether ram narain pathak judgment-debtor was serving under special conditions or war conditions as denned in section 3 of the soldiers (litigation) act during the period 17-9-1941 to 14-4-1946. ..... with him about the interpretation of section 11 of the soldiers (litigation) act and was of opinion that the decree-holder could not get the benefit of that act for extending limitation. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1976All328
..... (iii) where the landlord is a member of the armed forces of the union and the prescribed authority under the indian soldiers (litigation) act 1925, has issued a certificate in his favour that he is serving under special condition within the meaning of section 3 of that act then, his representation that he needs the building for residential purposes for members of his family whose particulars are specified in the application shall be deemed sufficient for purposes of ..... for purposes of demolition and new construction : provided that where the building was in the occupation of a tenant since before its purchase by the landlord, such purchase being made after the commencement of this act, no application shall be entertained on the grounds mentioned in clause (a) unless a period of three months has elapsed since the date of such purchase and the landlord has given a notice in that behalf ..... has also contended that the validity of this rule can be sustained at least under section 34 (8) which reads as follows :--'for the purposes of any proceedings under this act and for purposes connected therewith, the said authority shall have such other powers and shall follow such procedure, principle or proof, rules of limitation and guiding principles as may ..... to the manifest advantage of the tenants inasmuch as under the old act permission to sue could be granted on varied grounds but under the new act release cannot be ordered unless the landlord established his bona fide requirement for .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1993All176
..... (iii) where the landlord of any building is:-- (i) a serving or retired indian soldier as defined in the indian soldiers (litigation) act, 1925 (iv-1925) and such building was let out at any time before his retirement, or (ii) a widow of such a soldier and such building was let out at any time before the retirement or death of her husband whichever occurred earlier; and such landlord needs such building for occupation by himself or the members of his family ..... 21(1) is limited to a defence that the landlord is neither a serving nor a retired indian soldier as defined in the indian soldiers (litigation) act, 1925 nor a widow of such soldier and that the building sought to be released was not let out at any time before his retirement or in the case of widow, before the retirement or death of the soldier-husband, whichever, occurred earlier. ..... (iii) where the landlord is a member of the armed forces of the union and the prescribed authority under the indian soldiers (litigation) act, 1925 (act no. ..... iv of 1925 and it was applicable to a residential building, whereas clause (iii) of the explanation as it stands amended by amending act 31 of 1985 with effect from 18th may 1983 has been made applicable to any building and extended to retired soldiers and the widow of indian soldier and thus, proceeds the argument, a vested right of defence would be taken away if the amending act is held applicable retrospectively i.e. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1993All326
..... him of a notice of demand:provided that in relation to a tenant who is a member of the armed forces of the union and in whose favour the prescribed authority under the indian soldiers (litigation) act, 1925 (act no. ..... it may further be noticed that there is nothing in the act which may lead to an inference that the plaintiff for maintaining a suit for the eviction of a tenant from a building after determination of the tenancy as contemplated under section 20(2) of the act must reproduce verbatim what is contained in section 20(2)(a) of the act or other clauses thereof in the plaint before he could be heard in support of any such ground on which the bar against the filing ..... jt 162: (1993 air-scw 743), whatever protection the rent acts give they do not give blanket protection for 'non payment of rent ..... revision filed by the petitioner under section 25 of the provincial small cause courts act challenging the judgment and decree dated 20-9-1989 of the trial court in a ..... conceded that the finding recorded by the courts below holding that the tenant-petitioner was not entitled to the protection envisaged under section 20(4) of the act is not assailable as it does not suffer from any legal infirmity.14. ..... iv of 1925), has issued a certificate that he is serving under special conditions within the meaning of section 3 of that act or where he has died by enemy action while so serving, then in relation to his heirs, the words 'four months' in this clause shall be deemed to have been substituted .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1995All303
..... the aspect that provision of explanation (iii) of section 21(1) need it no proof or further evidence to prove the bona fide and genuine need of the landlord when it was proved that the landlord is a serving or retired soldier as defined in indian soldier (litigation) act, 1925 (iv of 1925), and such building was let out at any time before his retirement. ..... amendment of section 21: in section 21 of the principal act, in sub-section (1) in the explanation, thereto, for clause (iii), the following clause shall be substituted,namely:-- '(iii) where the landlord of any building is- (1) a serving or retired indian soldier as defined in the indian soldiers (litigation) act, 1925 (iv of 1925), and such building was let out at any time before his retirement, or; (2) a widow of such a solider and such building was let out at any time before the retirement or death of her ..... a serving or retired indian soldier as defined in indian soldier litigation act 1925 and such building was let out at any time before his retirement; a widow of such soldier and such building was let out any time before the date of his retirement whichever is earlier and such landlord needed such building for occupation by himself or members of his family for ..... 'thus, the arguments of the learned counsel for the petitioner that provisions of the ordinance and amended act adding explanation (iii) under section 21(1)(a) is prospective and is not available to the landlord is unfounded and without any basis which i totally .....
Tag this Judgment!Court : Allahabad
Reported in : 1998(3)AWC1690
..... , for occupation for business purposes ; (iii) in the case of any residential building, against any tenant who is a member of the armed forces of union and in whose favour theprescribed authority under the indian soldiers (litigation) act. ..... himself for residential purposes, such need shall be deemed sufficient for purposes of clause (a); (iii) where the landlord is a member of the armed forces of the union and the prescribed authority under the indian soldiers (litigation) act no. ..... is required for purposes of demolition and new construction : provided that where the building was in the occupation of a tenant since before its purchase by the landlord, such purchase being made after the commencement of this act, no application shall be entertained on the grounds mentioned in clause (a), unless a period of three years has elapsed since the date of such purchase and the landlord has given a notice in that behalf to the ..... iv of 1925) has issued a certificate that he is serving under special conditions within the meaning of section 3 of that act, or where he has died by enemy action while so serving then against his ..... 1925 (act ..... iv of 1925 has issued a certificate in his favour that he if serving under special condition within the meaning of section 3 of that act, then his representation that he needs the building for residential purposes for members of his family whose particulars are specified in the application shall be deemed sufficient for purposes of clause (a) ; (iv) the fact .....
Tag this Judgment!Court : Allahabad
Reported in : 1998(3)AWC1655
..... the said explanation is in the nature of an exception which has the effect of lifting the rigour of proving the bona fide need by the landlord, who is a serving or retired indian soldier as defined under the indian soldiers (litigation) act, 1925. ..... 4 is an indian soldier as defined under the act referred to in the aforesaid explanation. ..... it is sufficient to prove that an indian soldier is the present landlord of the building sought to be released. ..... it is very much clear from the scheme of the act that to a case where explanation aforesaid is attracted, question of comparative hardship is of no relevance. ..... the said will has also been acted upon much prior to the filing of release application inasmuch as mutation had been made in the municipal assessment register on the basis of the said will and the name of respondent no. ..... it is also noteworthy that for the applicability of the explanation (iii), it is not necessary that the letting must have been done by the indian soldier himself. ..... like the explanation (iii) to section 21 (1), a similar provision exists in section 13a1 of the bombay rents hotel and lodging house rents control act, 1947. ..... 4 is a major in indian army and, therefore, the case is covered by explanation (iii) of section 21 (1) (a) of the act. ..... act no. .....
Tag this Judgment!Court : Allahabad
Reported in : 2000(3)AWC1807
..... it in submitted that after his recruitment in the army, the application under section 21 (1) (a) of the act was not maintainable in view of clause (iii) to third proviso of section 21 (1) (a) of the act which reads as under : 'provided also that noapplication under clause (a) shall be entertained : '(iii) in the case of any residential building, against any tenant who is a member of the armed forces of the union and in whose favour the prescribed authority under the indian soldiers (litigation) act, 1925 (act no. ..... , this provision will be applicable when such tenant is serving in special condition within the meaning of section 3 of the indian soldiers (litigation) act, 1925. ..... --for the purposes of this act, an indian soldier shall be deemed to be or, as the case may be, to have been serving : (a) under special conditions (when he is or has been serving, under war conditions), or overseas, or at any place (beyond india, (or any such place within india as may be specified ..... gazette) : (b) under war conditions when he is or has been, at any time during the continuance of any hostilities declared by the (central government) by notification in the (official gazette) to constitute a state of war for the purposes of this act or at any time during aperiod of six months thereafter. ..... iv of 1925) has issued a certificate that he is serving under special conditions within the meaning of section 3 of that act, or where he has died by enemy action while so serving then against his heirs.' .....
Tag this Judgment!Court : Allahabad
Reported in : 2001(2)AWC1108
..... one month from the date of service upon him of a notice of demand : provided that in relation to a tenant who is a member of the armed forces of the union and in whose favour the prescribed authority under the indian soldiers (litigation) act, 1925 (act no. ..... this revision has been filed under section 25 of the provincial small causes courts act against the order dated 12.9.1994 passed by the judge small causescourt (14th additional district judge) in small causes suit wo. ..... therefore, the intention of the legislature for the purposes of this act is that every date fixed by the court is the date of hearing. ..... iv of 1925) has issued a certificate that he is serving under special condition within the meaning of section 3 of the act or where he has died by enemyaction while so serving, then in relation to his heirs, the words 'four months' in this clause shall be deemed to have been substituted by the words 'one year'. 20 (4). ..... act 13 of 1972, he may pass orders in that regard and may proceed further in accordance with law. ..... , when every date fixed by the court is the date ofhearing, then it cannot be said that there is bar for the court to decide the case or pass a decree on the date of hearing in view of explanation (a) of section 20 (4) of the act. ..... act 13 of 1972, moved by the tenant (revisionist) first before proceeding further on merits.9. ..... act 13 of 1972 are liable to be perused which re-quoted as under:'20 (2). ..... act. no ..... urban buildings (regulation of letting rent and eviction) act. .....
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