Court : Guwahati
..... be apportioned between the owner and the tenant, if any under occupation, in certain proportions. it is important to notice that under section 13 of the act, when the land acquired is subject to a mortgage or charge, the creditors are to be paid out of the compensation money to the extent of the claim proved before the collector or any other officer ..... estate is included in the word 'estate'. in this case their lordships were considering the constitutionality of the punjab security of land tenure act 1953 as amended by act 11 of 1955. it was held that having regard to the back-ground of the punjab land tenure act, the act was covered by the words 'any estate or of any rights therein' in article 31a(1)(a) of ..... . 1. the common question, which we have to decide in these applications is about the constitutional validity of the assam fixation of ceiling on land holdings act, 1956 (assam act i of 1957), which came into force on 15-2-1938 and received the assent of the president on 7-12-1956. 2. the attack on the legislation is directed on various grounds. it ..... is urged : that the impugned act is not within the legislative competence of the state legislature, as it is not covered by any of the items in either the .....Tag this Judgment!
Court : Guwahati
Reported in : AIR2009Gau174
..... which the claim for possession was founded. he drew the distinction that in a claim for possession it was the specific restitution of the property that was sought, but in an action for mesne profits the claim was for all loss suffered during ..... be deemed to prevent any party in a suit for foreclosure or redemption from asking to be put into possession of the mortgaged property.14. order ii, rule 2 speaks about all the reliefs, which could be claimed in the suit, should be ..... presented the second appeal challenging the decision of the first appellate court on issue no. 2 as stated supra before the punjab and haryana high court and ultimately it came up before a full bench of that high court. the full bench considering ..... damages and mesne profits in an earlier suit, which was instituted by them against the defendants, in respect of self-same lands, for partition, damages and mesne profits. the views taken up by the learned subordinate judge was that a second suit of ..... all 412, by the bombay high court in - 'laxmibai v. jagannath rayji : air 1932 bom 222 and in 'gandhar gopalrao v. sripad annarao' : air 1938 bom 231 (fb) and by the calcutta high court in - 'bipulbihari v. nikhilchandra' : air 1929 cal 566 and in -- 'kalidas rakshit v. keshablal' ..... 8 is quoted herein under. accordingly, the same is quoted herein under:8. there is no express provision in the tenancy act which requires a landlord to claim in a suit for renewal of a kanom deed mischavaram that may accrue due between the .....Tag this Judgment!