Civil Procedure Code, 1908, Order 21, Rule 32, Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 12 -- Suit for permanent injunction - Decreed - Execution of decree passed against landlord restrain him from making holes, pulling down roof of shop - Tenant filed application under Order 21 Rule 32 - Roof of shop already fallen - Executing court directed tenant..........
Specific Relief Act, 1963, Section 37, 38 -- Suit for permanent injunction - Landlord seeking permanent injunction to restrain tenant from interfering in the intended construction to be raised on the first floor of tenanted shop - No proof that roof was part of tenancy - No specific contract for use of roof in favour of tenant - Injunction granted...........
Transfer of Property Act, 1882, Section 108 -- Rights and liabilities of lessor & lessee - Unauthorised construction carried out by tenant/lessee without permission of landlord/lessor - Suit for mandatory injunction for removal of unauthorized construction - Tenant/lessee had no authority to raise construction/permanent structure without consent of landlord/lessor. Haryana..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Landlord filed suit for permanent and mandatory injunction against tenant that he had carried out certain structural changes in premises causing substantial damage to the building - Trial Court decreed suit and first appellate Court affirmed the decree - High Court dismissed second appeal by holding that no..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Tenanted premises - Reconstruction of roof by tenant - Tenant is duty bound to maintain leased premises in as good a condition, as they were when they were let out - He has right to effect repairs in tenanted premises in terms of S.108(m) Transfer of Property Act - Provision in Rent Act enabling..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Building demolished by landlord in violation of injunction order - Landlord cannot contend that the building is no longer in existence and there is no landlord tenant relationship - If the injunction order is violated and the building is demolished certainly the defendants can be directed to restore the building to its..........
Transfer of Property Act, 1882, Section 108(B)(e), 106, 114, 111 -- Tenant - Eviction - Tenanted premises destroyed completely due to accidental fire - Tenant constructed new building on same site without consent of landlord - Suit for eviction and mandatory injunction for demolition of new shop - When tenanted premises completely destroys by natural calamities tenancy..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction restraining defendants from dispossessing plaintiffs from land in a suit for declaration that defendant No. 1 is owner of suit land as recorded in Jamabandi and plaintiffs are Gair Marusi tenants of defendant No. 1, there is relationship of landlord and tenant between the parties and defendant No. 1..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Estoppel by acquiescence - Suit for ejectment and recovery of rent on the ground of misuser of property for commercial purpose for which resumption order passed by Haryana Urban Development Authority - Defendant's plea that plaintiff waived his rights on principle of acquiescence or estoppel - Not..........
Transfer of Property Act, 1882, Section 111 -- Tenancy when expires by efflux of time - Landlord can take possession only by due process of law - Tenant can get a decree for injunction against the landlord so as to protect his continued possession until evicted by due process of law. (Specific Relief Act, 1963, Ss.37, 38, Civil Procedure Code, 1908, O.39.Rr.1, 2)..........
