Transfer of Property Act, 1882, Section 114 -- Benefit of provision of S.114 of Act - Tenant while claiming benefit of S.114 of the Act has to plead and establish that lease under which he holds demised premises contains a term that in the event of certain default in payment of rent, lease might be terminated and that plaintiff has based his claim on lease having been..........
Civil Procedure Code, 1908, Order 22, Rule 9, 10A -- Death of sole respondent - Non-substitution of LR's within time - Abatement of suit - Non information of death of sole respondent to Court by counsel of the party he represented - Information of death of sole respondent was received at later stage by applicants and on account of illness of applicant immediate steps were..........
Rent and Eviction -- Bonafide requirement - Landlord purchased suit premises for running their own business not for earning rent there-from - Premises in question a mere 9.7 square meters, which would be most suitable for the business proposed by landlord namely selling betal-nuts - Even, this is the usual size of shops engaged in such business - There is no irregularity..........
Rent and Eviction -- Bonafide requirement - Additional property purchased during pendency of proceedings for running a flour mill by landlord - Area of purchased property is larger than suit premises - Moreover, purchased property is inconsequential in so far as suit premises is concerned - Contention of tenants that purchased property can be put to use for additional..........
Rent and Eviction -- Comparative hardship - Tenant pleaded that he has no business premises other than one in question to earn his livelihood - Plea rejected as some of properties which were used by wife of tenant is not disputed by tenant - Even tenant also having separate business premises and agricultural lands - Comparative hardship would be that of landlord as..........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14 -- Eviction - Change of user of premises - Non-production of rent agreement by landlord - Adverse inference can be drawn against landlord...........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14 -- Eviction - Change of user of premises - Mere change of user from one commercial activity to another, in absence of any covenant to the contrary would ordinary be not a ground for claiming eviction until and unless any injury or prejudice is caused or has the potential of causing any injury or prejudice or is..........
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..........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14 -- Eviction - Bonafide requirement - Need of accommodation, has to be seen and adjudged from point of view of landlord and not that of tenant, who cannot be allowed to dictate terms, with regard to suitability of accommodation - However, sufficiency, adequacy and requirement of accommodation need to be proved by..........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14 -- Eviction - Impairment of value and utility of premises - Old building burdened with weight only makes the roof sagging and seepage of water further damages the property, making part of it unusable - Breaking of bathroom and puncturing the walls of old structure, cumulatively put, does impair the value and utility..........
