Rent and Eviction -- Bona fide requirement - Building 100 years old - Fetching meagre income by way of rent - Landlord wanted to demolish and construct four storey building for better income - Held, need is bona fide...........
U.P. Service of Engineers ( Building and Roads Branch) Class II Rules, 1936 -- Promotion - Executive instructions - Office order dated 11.2.2003 prescribing `qualifying examination `for promotion - It does not supersede or override Rule 9(ii) of the Rules...........
U.P. Service of Engineers ( Building and Roads Branch) Class II Rules, 1936 -- Words and phrases - `Qualifying examination' - Promotion - In the absence of any specific provision prescribing interview as the means of ascertainment of fitness for promotion, `interview' cannot generally be considered to be a qualifying examination nor can it take the place of qualifying..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(2)(ii)(b) -- Residential and non residential building - Small portion of residential building let out as a shop - Does not alter the residential nature of the building...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from raising construction or altering nature of suit property - Construction complete upto lintel level when suit was filed - Nature of suit land already changed by constructing a building - Defendant if restrained from completing building then it will cause serious prejudice to..........
Specific Relief Act, 1963, Section 9, 10 -- Agreement to sell - Restriction on transfer - Effect on validity of agreement and decree for specific performance of the contract - D.D.A. released big plot in favour of Cooperatives house building society - Society granted sub-lease on favour of its members - One of the member (vendor) entered into agreement to sell his plot -..........
Partition -- Co-owners - Improvements made by one co-sharer on common property without obtaining express consent of other sharers to make improvements - One co-sharer cannot build upon a common property in such a way as to defeat the legitimate rights of other co-sharers - Law does not recognise any such right in one co-sharer to make improvement in co-ownership property..........
Partition -- Co-owners - House - Improvements made in an existing building is not a ground for claiming reservation of the entire house - At best that co-owner can claim only an equitable consideration for the allotment...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(3)(c), East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(iii) -- Eviction on ground that building has become unfit and unsafe for human habitation - Tenant is not entitled to restoration of possession when building is reconstructed by landlord...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(3)(c), 13(6), East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(iii), 13(4) -- Structural alterations - Ejectment - Unsafe & unfit for human habitation - Redelivery of possession to tenant after raising new construction - Tenant constructed fallen portion without consent of landlord - Ejectment..........
