Back
D. P. UNIYAL
Sobha Ram – Appellant
Versus
Municipal Board – Respondent
JUDGMENT
D.P. Uniyal, J. - The suit out of which this appeal has arisen was for injunction restraining the defendant Municipal Board, Firozabad from dispossessing the plaintiff after removal of the stall erected by him. It was alleged by the plaintiff that he was a monthly tenant at Rs. 11 /- p.m. of a plot of land near the bus station. It was asserted that the plaintiff had 1t been regularly paying the rent to the defendant and had raised the stall at considerable expenses. The Board by a resolution dated 22-4-1957 directed the removal of the said stall, hence the suit.
2. The defence of the Municipal Board was that the plaintiff was not a lessee of the land but was merely a lessee. It was said that the plaintiff had been permitted to put up a stall on payment of fee in the nature of tahbazari at the rate of Rs. 11 p.m. It was said that the land on which the stall stood vested in the Board and the plaintiff had no right to continue in possession of the structure. It was pleaded that the stall was obstructing the public street and the defendant was justified in asking for its removal.
3. The Munsif decreed the suit on the finding that in view of Sec, 265 (4) of the Municipalities Ac
The main legal point established in the judgment is the binding effect of the settlement between the parties, the waiver of the right to seek re-employment by the workmen, and the entitlement of the ....
A lockout is justified if it is declared in response to an illegal strike or a strike that is in breach of a settlement or award.
The combination of eyewitness testimonies, recovery of the weapon used, and forensic examination results can establish guilt in criminal cases, even based on circumstantial evidence.
The conviction of an accused person under Section 27(3) of the Arms Act is not permissible in law if the accused is also charged with committing murder under Section 302 of the Indian Penal Code.
The court can enhance compensation based on the deceased's income and family dependency, and adjust the multiplier used by the Tribunal if found unjustified.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
