What was urged before the High Court was that the entry in Maha Chand’s name as owner of one-third share in the Jarnabandi and similar entry Property Advocates in High Court defendants name after the death of Maha Chand was correct as irrespective of the fact whether the family was originally a joint Top Property Advocates in Chandigarh Hindu family or not the joint Hindu family stood disrupted by the conduct of the parties and therefore there was no question of the plaintiffs’ getting the entire Best Property Lawyers in Chandigarh High Court by survivorship.
Thereafter, this appeal came on for hearing before the Constitution Bench on November 5, 1964. On the interpretation pressed before is on behalf of the landlords in the two appeals it is argued that once the breach has been com- (1) C. What is reasonable time within which the breach should be remedied is always a question of fact and we think it would have been possible for the court in a suit based on cl. “Provided that in any such suit or proceeding for the fixation of standard rent or for the eviction of a tenant from any premises to which section 54 does not apply, the court or other authority shall have regard to the pro- visions of this Act.
The Commissioner of Income-tax, Bombay North, Kutch and. The learned Judges constituting the Division Bench took the view that an opportunity should be given to the learned Attorney-General to press his contention, and so, they directed that the appeal be placed before a Bench of five Judges. On this occasion again, the same contentions were raised on behalf of the appellant and the respondent respectively Mr. Viswanatha Sastri, learned counsel for the appellant raised before us the following points : (1) Section 39 of the Act confers a right of appeal from an order of the Rent Control Tribunal to the High Court and, therefore, when once that appeal reaches the Top Property Lawyers Chandigarh High Court Court, it has to exercise the jurisdiction in the same manner as it exercises other appellate jurisdiction, that is to say the judgment of a single Judge in that appeal becomes subject to an appeal to the High Court under cl.
The Commissioner of Income- tax, Bombay, Ahmedabad (2), the appeal must be allowed and the case sent back to the Bombay High Court for disposal in accordance with the principles laid down in the latter decision. 131(3) relating to publication had not been complied with, consequently, the residents of Hapur had no opportunity of making objections to the proposals and draft rules. ” The case of the landlord was that the tenant had made structures without authority which made him liable to ejectment under cl.
As is well-known there has been a rise in the price of commodities since 1939 and workmen earning wages and persons in the fixed income groups are specially affected. 1 3 ( 1 ) to give relief against forfeiture in a proper case where the tenant had removed the offending structure before the suit was filed or even during the pendency of the suit if reasonable time was not allowed in the notice contemplated by cl. When this appeal was argued before a Division Bench of this Court on October 23, 1964, it was urged on behalf of the appellant, the Keshav Mills Co.
Provided that nothing in this sub-section shall apply to any suit or other proceeding for such recovery of possession if the court is satisfied- (k) that the tenant has, whether before or after the commencement of this Act, “caused or permitted to be caused substantial damage to the premises, or notwithstanding previous notice has used or dealt with the premises in a manner contrary to any condition imposed on the landlord by the Government or the Delhi Improvement Trust while giving him a lease of the land on which the premises are situated;” The lease in favour of the landlord by the Government provided that “the lessee will not without the previous consent in writing of the Chief Commissioner of Delhi or such officer or body as the lessor or the Chief Commissioner of Delhi may authorise in this behalf erect or suffer to be erected on any part of the said demised premises any buildings other than and except the buildings erected thereon at the date of these presents.
1946) and again with a dispute between 30 named Banks in Bombay and 32 their -employees. (k) of the proviso to s. 246 of 1961, decided on 16-2-1962. 10 of the Letters Patent. At that stage, the learned Attorney-General for the respondent, the Commissioner of Income-tax, Bombay North, Ahmedabad, urged that he wanted this Court to reconsider the said two decisions. Divatia dealt with a dispute between the Bank of India and its employees, happily settled by consent (August 15.
39 of the Act final; and, that apart, a letters patent appeal is not a separate appeal to the High Court Property Advocate Court but is only, in effect, the continuation of the same appeal in the High Court. (2) Section 43 of the Act is only a bar to initiate collateral proceedings for the purpose of questioning the order of’ the Tribunal and it does not make the judgment of a single Judge in an appeal under s. In 1946 strike notices were served on many banks Property Lawyers in Chandigarh High Court Bombay, Bengal and the United Provinces.
He fairly conceded that if the said two decisions were to be followed, the appeal would have to be allowed and sent back as suggested by the appellant. The Judgment of the Court was delivered by Gajendragadkar, C. The petition was heard by a learned Single Judge who found, as already indicated that the provisions of s. Between the years 1946 and 1949 there were set up numerous Commissions and Tribunals to deal with disputes between the commercial banks and their employees.
Saurashtra(1), and The Petlad Turkey Red Dye Works Co. We do not think that it can be said that the 1952 Act forbade the, court from granting ‘relief where the offending structures were removed by the tenant even during the pendency of the suit for ejectment. The Award was given on April 9, 1947. (k) of the proviso to s. , that in view of the present decisions of this Court in The New Jehangir 910 Vakil Mills Ltd.