East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Unfit and unsafe building - Expert report shows that condition of shop deteriorated, roof top of shop was having sagging and floor of shop is mostly damp and walls having leakage, seepage, cracks and damages, therefore, is unfit and unsafe for habitation - Tenants have not brought any evidence to rebut..........
Kerala Municipality Act, 1994, Section 492(3) -- Kerala Buildings (Lease and Rent Control) Act, 1965 - Tenant`s licence - Renewal - High Court held that consent of owner of premises is necessary for renewal of tenant`s licence for running a hardware shop - Provision of S.492(3) of the Act shows that the requirement of consent of landlord is applicable only when a person..........
Easements Act, 1882, Section 15 -- Easement - Right of way - Suit land belongs to Government - Plaintiff constructed four shop rooms covering major portion of frontage of homestead land - Plaintiff also having other way to approach homestead land - Held, plaintiff cannot claim easementary right over suit land...........
Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, Section 10(3)(a)(iii) -- Rent and eviction - Bonafide requirement - Premises required by landlord for establishing his son in business - Appellate authority declined landlords claims on ground that business of elder brother is totally different from business to be started by his younger son - Contention that goods to..........
Suits Valuation Act, 1887 -- Entries in books of accounts - As per evidence on record, account books signed by defendants in token of receipt of amount - Even, DW1 admitted in his cross examination that his father used to sell agricultural crop at shop of plaintiffs and they were having money dealings with plaintiffs - Moreover, as per report of expert witness, disputed..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 200 kg poppy husk from the store rented to accused - Prosecution failed to prove that shop was rented to accused, as no evidence is on record which shows that store was in occupation and possession of accused in capacity of tenant - More so, there is no rent note on record regarding said rented..........
Himachal Pradesh Urban Rent Control Act, 1987, Section 13 -- Repair of damaged shutter - Allowed by trial Court but declined by Appellate Court on the ground that tenant is habitual defaulter in the matter of payment of rent and that estimate has not been prepared - Landlord directed to repair-replace the shutter of the shop premises within a month failing which tenant..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Bona fide requirement - Landlord required the demised shop for business purposes - However, landlord is owner of three adjacent shops out of which one is lying vacant - Nothing on record to show that demised shop is the only premises which would be suitable for running business - Moreover, evidence on..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Allegation that wife forced husband to resign from army service and start a karyana shop - However, no particulars much less the date, time, year and person in whose presence such a demand was raised by wife elicited - Even wife denied that such demand was raised by her - Ground of..........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14 -- Eviction - Change of user of suit premises - Premises in question let out for typing institute - However, tenant used the premises for making and selling tea by fixing wooden racks with nails - Making and selling of tea does not have the potential of causing any injury or prejudice or is detrimental to the..........
