Agreement to sell -- Reference only to house or bungalow - Whether it includes land also? - Held, building includes the land on which it stands, unless by express stipulation it is excluded...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(iii) -- Unsafe and unit for human habitation - First and second floor of building in dilapidated condition - Tenanted premises in good shape - If substantial part of the integral larger building has become unsafe and unfit for human habitation the tenant can be ejected from the demised premises forming part..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Insurance claim - Compensation - Damage to building and to the machinery - Surveyor has put the damage much less as claimed by respondent claimant - Surveyor has not given any cogent reason as to why the rest of the claim was rejected - The amount claimed by the complainant is covered by the insurance taken - The..........
East Punjab Urban Rent Restriction Act, 1949, Section 13A -- Specified landlord - Shop forming part of residential house - Landlord after retirement wanted to reside in the building after reconstruction - Landlord is entitled to evict tenant from shop - Tenant can be evicted from shop which forms part of residential house...........
Specific Relief Act, 1963, Section 37, 38 -- Suit for injunction - Defendant constructed building on a portion of suit property - Not a case of plaintiff that the said portion was encroached by defendants after the institution of suit - Plaintiff not seeking relief of possession - Held, in absence of pleadings, evidence and issues Court cannot grant relief of possession...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(3)(a)(i) -- Juristic person - Residential building - A tenant can be evicted from a residential building if the premises are required to be used for non commercial purposes, unconnected with any business or trade...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(3)(a)(i) -- Society - Residential building - Premises required for starting library - Starting a library without profit brings it within ambit of non commercial use unconnected with any business or trade - Order of eviction of tenant passed...........
Housing -- Extension fee - Charging of - By their own act of default and delay committed by the OPs the building plan submitted by the complainant not revalidated - They sought to fasten the liability of Rs.54,600/- as extension fee - It amounts to misuse of powers on the part of OPs - No jurisdictional error in the order of the District Forum in accepting the complaint..........
Capital of Punjab (Development and Regulation) Act, 1952, Chandigarh Lease Hold of Site and Building Rules, 1973 -- Allotment of plots - Resumption Order - Dispute regarding charging of interest on instalments and ground rent and non payment thereof and penalty for delayed payment - Reling on M/s Shanti Kunj's case JT 2006(3) SC 1, writ petitions disposed of with..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bonafide need - Pleading - Failure to plead that landlord is not occupying any other residential building in the urban area concerned and also that he had not vacated any residential building, without sufficient cause - It is not necessary to plead all the ingredients in the ejectment application but..........
