Himachal Pradesh Urban Rent Control Act, 1987, Section 14(2)(iii) -- Material impairment of value and utility - Defence as to rectification of - Held, material impairment of value and utility of the premises is to be seen from the point of view of landlord - Once material impairment has been established then it is no defence that premises can be restored to original..........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14(3)(c) -- Eviction petition - Reconstruction of building - Condition of building is dilapidated as per report furnished by PW3 - Landlord has sufficient funds as per statement of PW2 - He has already submitted building plan to Municipal Corporation - Building is situated in a commercial area - Building is 100 years..........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14(3)(c) -- Eviction petition - Reconstruction of building - Held, it is not necessary that the building should be in dilapidated condition for the purpose of demolition or reconstruction...........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14(2)(i) -- 'Amount due' - Meaning - Includes the arrears of rent uptil the date of the passing of the final eviction order, as also the interest upon such arrears of rent at the rate of 9 percent per annum and the costs of the application as would be assessed by the Rent Controller...........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14(2)(i) -- Eviction order u/s 14(2)(i) of the Act - Rent Controller in the concluding para of eviction order must specify the exact amount of rent payable by tenant to landlord alongwith interest and costs - In case tenant has paid rent during pendency of eviction petition then it is the duty of tenant to establish..........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14(3)(a)(i) -- Bona fide requirement - Requirement of members of family of landlord or of the one who is dependent on the landlord, is the landlords' own requirement...........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14(3)(a)(i) -- Proviso 3rd - Bona fide requirement - Under compromise tenant vacated first floor and shifted to ground floor - Family of landlord enlarged - A new requirement came into existence which did not exist earlier - Landlord entitled to evict tenant from ground floor in changed circumstances...........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14(3)(a)(i) -- Proviso 2nd - Bona fide requirement - Due to genuine economic difficulty landlord vacating a building and giving the same on rent - It amounts to landlord vacating building for sufficient cause - Landlord can seek eviction of tenant - Second proviso to Section 14(3)(a)(i) is not attracted...........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14(3)(a)(i) -- Proviso 1st - Bona fide requirement - Landlord occupying a building in same urban area but building not suitable for his requirement - Landlord is entitled to evict tenant from another building...........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14(3)(a)(i) -- 3rd Proviso - Bona fide requirement - Landlord obtained possession of part of building on ground of bona fide requirement - Landlord is entitled to seek eviction from other part in changed set of circumstances or new requirement...........
