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1987 Supreme(HP) 72

P.D.DESAI
SANT RAM – Appellant
Versus
THE STATE OF HIMACHAL PRADESH – Respondent


Advocates Appeared:
For the petitioners:Miss. Kamlesh Sharma, Advocate. For the respondents: Shri M. L. Chauhan, Law Officer.

JUDGMENT

P. D. Desai, C. J — The petitioner is the occupant of premises described as Set No. 37/1-4, Nabha Estate, Simla (hereinafter referred to as "the premises"). It is not in dispute that Nablia Estate was the property of the erstwhile State of Nabha and that after the merger of the Nabha State with the Union of India it vested in the ernt while Pepsu State and that the petitioner was inducted as a tenant by the erstwhile Pepsu State. The property then passed hands and was vested successively in the Punjab State, the Union Territory and ultimately in the State of Himachal Pradesh. The petitioner admittedly continued as a tenant of the premises till March 31, 1964, The last agreement of lease executed between the Governor of Punjab and the petitioner for a period of one year commencing from April 1, 1963 and ending with March 31, 1964 is on the record. Under the said lease, the rent was payable at the rate of Rs 18,73 per month inclusive of water tax and excess water charges. Two of the conditions of the lease were that the lessee shall restore to the lessor the possession of the property, on the expiry or the sooner termination of the lease, in the state in which he received it

















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