Rent and Eviction -- Unsafe and unfit - Part of building unsafe and unfit for human habitation - Tenant liable to ejectment from entire building as tenancy is one and indivisible. (Haryana Urban (Control of Rent and Eviction) Act, 1973, S.13(3)(e)...........
Rent and Eviction -- Unsafe and unfit - Even in the year 1952 at the time of letting out premises was unfit and unsafe for human habitation - Eviction petition filed in the year 1977 on the ground that premises became more unsafe and unfit - Held, landlord is entitled to ejectment. (Haryana Urban (Control of Rent and Eviction) Act, 1973, S.13(3)(e)...........
Eviction petition -- Landlord and tenant - Wife owner of property - Husband let out the premises on behalf of wife - Held, wife as landlady entitled to maintain eviction proceedings. ((Haryana Urban Control of Rent and Eviction Act, 1973, S.2(c)...........
Eviction petition -- Landlord and tenant - Wife owner of property - Statement of husband in a separate suit that he was the landowner - Will not make him the landlord. (Haryana Urban Control of Rent and Eviction Act, 1973, S.2(c)...........
Rent and Eviction -- Change of user - Premises let out as shop - Tenant using the same as godown - It is change of user - Landlord accepted rent after change of user - Plea of estoppel is not available to tenant as he is not able to establish as to since when the change of user had come into existence. (Haryana Urban (Control of Rent and Eviction) Act, 1973, S.13(2)(v)...........
Transfer of Property Act, 1882, Section 109 -- Co-owners - One co-owner let out the shop without consent of other co-owner - Partition of shop - A portion of share fell to share of other co-owner - Later owner is entitled to khas possession of portion which fell to his share - Protection of Rent Act is not available to the tenant. (Haryana Urban (Control of Rent and..........
Transfer of Property Act, 1882, Section 109 -- Co-owners - Partition - Tenant cannot prevent partition of tenanted premises among owners - However, it is open to tenant to say that partition is not bonafide and is a sham transaction to overcome the rigours of Rent Control Laws which protect the eviction of tenants. (Haryana Urban (Control of Rent and Eviction) Act, 1973,..........
Rent and Eviction -- 'Non residential building' - Any activity not tainted with business or trade and when essentially not connected with profit and loss, such activity would not render the usage of the building as 'Non residential building' - In each case it shall have to be examined whether the element of business or trade has crept in with the necessary element of..........
Rent and Eviction -- Rent - Tender by son - Rent tendered on behalf of father - Held, when rent is tendered by any member of the tenants' family to the landlord without any inconsistent claim, it is for and on behalf of the tenant. (Haryana Urban (Control of Rent & Eviction) Act, 1973, S.13(2)...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 4(b) -- Rent & Eviction - Fair rent - Building constructed in 1962 and let out in 1975 - Agreement for rent existed between landlord and tenant - Landlord seeking fixing of fair rent at the market rate - Not tenable - Agreed rent should be taken as base and increase should be determined according to formula..........
