Rent and Eviction -- Change of user - Building let out for business of General Merchant, Readymade and Cloth Merchant - Tenant using building for purpose of restaurant/selling sweetmeat - It amounts to change of user - Tenant, however, reverting back to original business pending eviction proceedings - Change of business was for a very short period - Held, eviction on..........
Rent and Eviction -- First date of hearing - Is the date when Court applies its mind to determine the points in controversy between the parties to the suit and to frame issues, if necessary. 1994(1) Rent Control Reporter 153 (S.C.) followed...........
Rent and Eviction -- Costs - Not assessed by Rent Controller - When costs are not assessed by Rent Controller tenant is not under a duty to tender the costs - It is duty of Rent Controller to assess the costs. (East Punjab Urban Rent Restriction Act, 1949, S.13(2)(i)...........
Haryana Urban (Control of Rent and Eviction) Act, 1973 -- Haryana Urban (Control of Rent and Eviction) Rules, R.4 - Rule 4 is not mandatory and is only directory - Fact that landlord did not give all material particulars of his requirement in first instance - Cannot be made a ground for rejection of his application...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 15(6) -- Revision - Power of High Court under this provision is much wider that the power conferred on the High Court u/s 115 CPC - Under this provision High Court as a revisional authority has the power to call for and examine the records relating to any order passed or proceedings taken under this Act for..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(3)(i)(b) -- Scope - `Entitled to apply again' - Meaning - Bar imposed is in fact a bar on right of landlord to seek actual eviction - Restriction contemplated under the proviso extends upto the stage when Court or tribunal is considering case of the landlord for actual eviction - It is not confined to stage..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(3)(i)(b) -- Proviso - Eviction petition in respect of scheduled land for personal use and occupation - Eviction sought from a part of premises - Eviction of three other tenants from premises which were part of same premises - On date of filing of present eviction petition landlord had not obtained..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(3)(i)(b) -- Proviso - Three premises already got vacated by landlord - Tenant did not specifically invoke proviso to S.13(3)(i)(b) - Rent Controller did not raise any issue - Trial Court did not advert to this question - Tenant raised this objection before Appellate Authority - No evidence in regard to..........
Transfer of Property Act, 1882, Section 58(d) -- Usufructuary mortgage - Sale by plaintiff - Defendant executing separate agreement to reconvey property if amount repaid within stipulated period - Plaintiff executing rent note agreeing to pay monthly rent to defendant - High Court holding transaction as not mortgage by conditional sale but as usufructuary mortgage - Held,..........
Transfer of Property Act, 1882, Section 58 -- Mortgage - Sale by plaintiff for Rs.1,000/- while he purchased property few years earlier for Rs.3,000/- - Defendant executing separate agreement to reconvey property if amount repaid within two years - Plaintiff executing rent note to pay monthly rent to defendant - Suit for redemption of mortgage - Held, transaction is..........
