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2015 Supreme(HP) 235

SANJAY KAROL
Garib Dass – Appellant
Versus
Mulakh Raj – Respondent


Advocates:
Advocate Appeared:
For the appellant :Mr. N. K. Thakur, Senior Advocate with Mr. Rohit Bharoll, Advocate, for the appellants.
For the respondent:Mr. Bhupinder Gupta, Sr. Advocate, with Mr. Ajit Singh Jaswal, Advocate, for the respondents.

JUDGMENT :

Sanjay Karol, J.

Plaintiffs’ Regular Second Appeal filed under Section 100 of the Code of Civil Procedure, stands admitted on the following substantial question of law:-

“Whether the impugned judgment and decree are vitiated because of mis-construction and mis-interpretation by the lower appellant Court of the provisions of Punjab Occupancy Tenure Act, 1952 and Hindu Widow Remarriage Act, 1856?”

2. The points which arise for consideration in the present appeal are:

(i) What is the exact date of remarriage of Shankari.

(ii) Did such remarriage take place prior to 15.6.1952, the appointed day under the provisions of Punjab Occupancy Tenants (Vesting of Proprietary Rights) Act, 1952, (hereinafter referred to as the Vestment Act), (iii) Whether rights of Shankari, after the enactment of the Vestment Act, continued to be governed and regulated by the provisions of the Punjab Tenancy Act, 1887 (hereinafter referred to as the Tenancy Act) and Hindu Widows Re-marriage Act, 1856 (hereinafter referred to as the Re-marriage Act), (iv) Whether by virtue of the Vestment Act any pre-existing jural relationship of Shankari in the demised premises, stood extinguished, conferring absolute ri






































































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