Skip to content


Judgment Search Results Home > Cases Phrase: the punjab tenancy east punjab validation of orders proceedings and acts act 1948 Page 1 of about 1,009 results (0.146 seconds)

Jul 12 2006 (HC)

Mst. Hans Kaur Vs. State of Haryana and anr.

Court : Punjab and Haryana

Reported in : (2006)144PLR336

..... alleged? opp4. whether the estate of ram kishan has been wrongly and illegally taken over under the surplus proceedings by virtue of pepsu tenancy and agricultural lands act 1955 as alleged? opp5. whether the order dt. 19.3.19 63 passed by the collector agrarian jind is ultravires illegal and null and void as ..... suit was contested by the state primarily on the ground that the order passed by the collector is legal and valid and that the plaintiff was aware of the surplus proceedings. the proforma defendants have filed their objections in the surplus proceedings on 21.10.1959. the suit was also said to be barred ..... the suit is not properly valued for the purpose of court fees and jurisdiction? opd10. whether the suit is not maintainable for want of legal and valid notice under section 80 cpc? opd11. whether plaintiff has no locus standi? opd12. relief.4. the learned trial court held on issue no. 1 ..... led by the plaintiff does not show that ram kishan died before 20.8.1948 i.e. the date on which the princely state of jind where the property in dispute is situated merged into patiala and east punjab union (pepsu) is based upon surmises and conjectures. the evidence has been read ..... plaintiff is in second appeal aggrieved against the judgment and decree passed by the learned first appellate court whereby her suit for declaration challenging the order passed by the collector on 19.3.1963 declaring the suit land as surplus without considering the claim of the plaintiff having 1/3rd share .....

Tag this Judgment!

May 02 2013 (HC)

Present: Mr. Radhe Shyam Sharma Advocate Vs. State of Haryana and Othe ...

Court : Punjab and Haryana

..... purposes of a village under section 18 of the east punjab holdings (consolidation and prevention of fragmetnation) act, 1948 (east punjab act 50 of 1948).the management and control whereof vests in the state government under section 23-a of the aforesaid act. civil writ petition no.9371 of 2013 -4- the validity of section 2(g)(6) of the 1961 act came up for consideration before a full bench in ..... a gram panchayat thereby conferring a right upon the gram panchayat to seek eviction of an unauthorised occupant in possession of jumla mushtarka malkan . by resort to proceedings under section 7 of the 1961 act. the petitioners.contention that as his father is recorded as gair marusi . under proprietors/share holders.he cannot be said to be an unauthorised occupant, merits ..... an occupant of land and only if it is accompanied by an entry of payment of rent, in the relevant column of the revenue record, would raise inference of a tenancy. the petitioners have not been able to refer to any entry in the column of rent, of the relevant jamabandies, that would raise even a prima-facie inference that the ..... 06.2012 (annexure p-5) and 19.03.2013 (annexure p-6).passed by the assistant collector ist grade, ratia, the district collector, fatehabad and the commissioner, hisar division, hisar, ordering their eviction and dismissing their appeal and revision, respectively. counsel for the petitioners submits that father of the petitioners was in cultivating possession of land bearing khasr.no.186//6 .....

Tag this Judgment!

May 02 1989 (SC)

Kesho Ram and Co. and ors. Etc. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : JT1989(Suppl1)SC203; (1989)96PLR1; 1989(1)SCALE1421; (1989)3SCC151; [1989]2SCR1005

..... this court by means of petitions under article 32 of the constitution challenging the validity of the proceedings taken by the landlords for their eviction. since all these cases involve common questions the same are being disposed of by a common order.3. the east punjab urban rent restriction act, 1949 seeks to regulate and restrict the increase of rent of premises situate ..... k.n. singh, j.1. in this batch of civil appeals, special leave petitions and writ petitions, under article 32 of the constitution, validity of section 3 of the east punjab urban rent restriction act 1949 and the notification no. 3205-ld-74/3614 dated september 24, 1974 issued thereunder by the chief commissioner, union territory of chandigarh, granting exemption from ..... to evict a tenant by filing suit by terminating tenancy, in view of the provisions of the act placing restrictions on the landlord's rights. the provisions of the act were applied and extended to the urban area of the union territory of chandigarh by the east punjab urban rent restriction (extension to chandigarh) act 1974. on such extension all buildings situate in the ..... advantage of the situation and they charged exhorbitant rent from tenants and very often evicted them by terminating tenancy under the provisions of transfer of property act. the tenants were helpless as the suits once filed by the landlord after terminating the tenancy were bound to succeed. the legislature of different states took cognizance of the situation and enacted rent .....

Tag this Judgment!

Mar 22 1977 (HC)

Shri 108 Swami Ganesh Dass Ji UdasIn Vs. Chief Settlement Commissioner ...

Court : Delhi

Reported in : ILR1977Delhi171

..... ' means any claim registered under the displaced persons (claims) act, 1950, in respect of which a final order has been passed under that act or under the displaced persons (claims) supplementary act, 1954, (and includes any claim registered on or before the 31st day of may, 1953, under the east punjab refugees (registration of land claims) act, 1948, or under the patiala refugees (registration of land claims) ordinance ..... section 13 repealed ordinance no. 3 of 1954. it is, thereforee, evident that even the supplementary claims act is silent with regard to the payment of compensation in respect ..... settlement commissioner to direct that any power exercisable by it or him under the act shall be exercisable by the officers specified in the section subject to such conditions, if any, as may be specified by the general or special order delegating the a power. section 11 validates certain proceeding mentioned in the section, section 12 empowers the central government to make rules while .....

Tag this Judgment!

Feb 22 2000 (HC)

Maman Chand Gupta and ors. Vs. Lakhpat Rai and ors.

Court : Punjab and Haryana

Reported in : (2000)125PLR411

..... ors., (1979) 81 p.l.r. 291. once again, this was a decision under the east punjab urban rent restriction act, 1949. the rent tendered was short by rs. 1.60 paise. this court held that though the amount was insignificant, still once the tender is not valid, the order of eviction would follow. but, as noted above, herein the position is different and, therefore ..... (1977) 79 p.l.r. 144. the dispute was under the east punjab urban rent restriction act, 1949. the question for consideration was as to what would be the first date of hearing. the landlord therein had filed ejectment application against the tenant. the tenant did not appear and proceeded ex parte. the order of ex parte was passed on 10.2.1967. it was ..... that they had tendered the rent and the house tax. therefore, the respondents were not liable to be evicted. it was further asserted that right from the inception of the tenancy, the suit property is being used as a godown for storing gunny bags and domestic articles. the respondents had been carrying on the business of commission agent in foodgrains in ..... adjourned for ex parte evidence. an ex parte order of ejectment followed. subsequently, the tenant filed an application for setting aside ex parte order of eviction. the same was set aside and the case was adjourned for further proceedings. on that date, the tenant tendered the arrears of rent. the landlord refused to accept stating .....

Tag this Judgment!

Mar 31 1998 (SC)

Silverline Forum Pvt. Ltd. Vs. Rajiv Trust and Another

Court : Supreme Court of India

Reported in : 1998IIIAD(SC)249; AIR1998SC1754; JT1998(3)SC1; (1998)119PLR519; RLW1998(2)SC248; 1998(2)SCALE550; (1998)3SCC723; [1998]2SCR587; 1998(1)LC521(SC)

..... the sub-tenant was impleaded as party, and this court held that since notice under section 16 was not served on the landlord the non-impleadment will not affect validity of the proceedings for eviction. their lordships sought support from another two-judge bench decision of this court in m/s. shalimar tar product ltd. v. h.c. sharma and ors., : [ ..... decision in mahabir prasad verma v. dr. surinder kaur, : [1982]3scr607 . though it related to the provisions of east punjab urban rent restriction act, 1949, the question considered was whether a sub-tenancy created with the consent of the landlord during the subsistence of the tenancy would continue to be lawful even after the expiry of the period of lease. the answer was in the ..... him and the decree-holder. in the adjudication process envisaged in order 21 rule 97(2) of the code, execution court can decide whether the ..... he was unaware of the litigation when he purchased the property. similarly, a third party, who questions the validity of a transfer made by a decree-holder to an assignee, cannot claim that the question regarding its validity should be decided during execution proceedings. hence, it is necessary that the questions raised by the resistor or the obstructer must legally arise between .....

Tag this Judgment!

Jun 02 1989 (HC)

Aneel Kaur Vs. Bhupinder Singh

Court : Punjab and Haryana

Reported in : AIR1990P& H343

..... not tendering the arrears of rent on the first date of hearing.6. apart from this, i think there was no valid contract of tenancy between the parties. the tenancy is creation of bilateral agreement under which the landlord agrees to part with the exclusive possession of the property for consideration which ..... 2500/- per month and that the tenant had agreed to vacate the demised premises by may 15, 1987 and her refusal necessitated initiation of eviction proceedings.3. the tenant denied the allegations made in the eviction application and pleaded that she had taken the premises on rent at the rate of ..... has to be arrived at with the mutual consent of the parties. in the instant case, as the facts stated supra, reveal the alleged tenancy entered into a rough weather from the date of inception. it appears that after the landlord had accepted the advance rent, he learnt about the ..... received rs. 1400/- as rent from the tenant for the demised premises excluding a bed room and a bath room. it appears that the alleged tenancy entered into a rough weather. on april 2, 1987, the landlord sent an intimation to the station house officer police station s. 15 chandigarh ..... the order of the rent controller ordering her ejectment from the demised premises.2. the facts:--the respondent (hereinafter referred to as the landlord) filed an application for eviction of the petitioner (hereinafter referred to as the tenant) under s. 13 of the east punjab urban rent restriction act, 1949 (for short the act) as .....

Tag this Judgment!

Jan 29 2003 (HC)

Sh. Puran Singh and anr. Vs. Mahant Bhagwan Dass Chela Mahant NaraIn D ...

Court : Punjab and Haryana

Reported in : (2003)134PLR385

..... to go into the other contetions raised by mr. palli, learned counsel for the respondent-landlord, that the petitioner is estopped from questioning the validity of the order of the appellate authority dated 28.2.1986 in the present proceedings. no agreement has been advance against the correctness of concurrent findings of fact recorded by the two authorities taken. consequently, the petition being ..... , in fact, the petitioner had submitted himself to the jurisdiction of the rent controller and participated in the proceedings. even on being confronted with the report dated 19.5.1986 by the appellate authority, he did not raise any objection questioning the validity of the order of the appellate authority dated 28.2.1986. still further, no such objection was raised by him ..... the appellate authority dated 13.10.1986 is based on an interim order dated 28.2.1986 remanding the matter back to the rent controller which itself was illegal and invalid because the appellate authority under section 15(3} of the east punjab urban rent restrictions act, 1949 ( for short 'the act'), has no power to remand the matter without dealing with the merits of ..... a period of nine months. it was claimed that mohd. yunas sharif was in arrears of rent since 1.10.1972 and that he had transferred his right in the tenancy and sublet it to the petitioner and one darshan singh. the petition was contested and the following eight issues were framed. '1. whether there exists any relationship of landlord and .....

Tag this Judgment!

Feb 26 2013 (HC)

Prakash Land and Housing Corporation Vs. Financial Commissioner and or ...

Court : Delhi

..... the allotment made to the trust. section 30 of east punjab holdings (consolidation and prevention of fragmentation) act, 1948, on which reliance has been placed by the appellants, to the extent it is relevant, provides that after issue of notification under subsection (1) of section 14 and during the pendency of the consolidation proceedings no landowner or tenant having a right of occupancy upon ..... (2003) dlt 65.and held that the financial commissioner lacked legal competence to review the order, which he had earlier passed on 15.11.1984. admittedly, no power to review its orders has been conferred upon the financial commissioner under east punjab holdings (consolidation and prevention of fragmentation) act, 1948. in harbhajan singh (supra), supreme court had taken a view that in the absence of ..... to the settlement officer was non est on account of his not being competent to review his earlier order 15.11.1984. however, even if the said order dated 09.07.1985 is taken to be a valid order, we find no illegality in the order passed by the settlement officer on 07.04.1986, which was upheld by the financial commissioner on 18 ..... whom the scheme will be binding, shall have power without the sanction of the consolidation officer to transfer or otherwise deal with any portion of his original holding or other tenancy so as to affect the rights of the other landowner .....

Tag this Judgment!

Feb 26 2013 (HC)

Charanjit Singh Bhalia and anr. Vs. the Financial Commissioner and ors ...

Court : Delhi

..... the allotment made to the trust. section 30 of east punjab holdings (consolidation and prevention of fragmentation) act, 1948, on which reliance has been placed by the appellants, to the extent it is relevant, provides that after issue of notification under subsection (1) of section 14 and during the pendency of the consolidation proceedings no landowner or tenant having a right of occupancy upon ..... (2003) dlt 65.and held that the financial commissioner lacked legal competence to review the order, which he had earlier passed on 15.11.1984. admittedly, no power to review its orders has been conferred upon the financial commissioner under east punjab holdings (consolidation and prevention of fragmentation) act, 1948. in harbhajan singh (supra), supreme court had taken a view that in the absence of ..... to the settlement officer was non est on account of his not being competent to review his earlier order 15.11.1984. however, even if the said order dated 09.07.1985 is taken to be a valid order, we find no illegality in the order passed by the settlement officer on 07.04.1986, which was upheld by the financial commissioner on 18 ..... whom the scheme will be binding, shall have power without the sanction of the consolidation officer to transfer or otherwise deal with any portion of his original holding or other tenancy so as to affect the rights of the other landowner .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //