Transfer of Property Act, 1882, Section 106 -- Eviction - Identity of suit property - Suit property as described in Schedule to plaint sufficiently identifiable - There is no ambiguity with regard to suit property - Minor errors in description are of no consequence - Plea raised by tenant at the appellate stage, held, to be hyper technical and frivolous - Tenant rightly..........
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 - Landlady is a Govt servant and her so, i, law is a doctor, her son is yet to be married - Status, style of living and habits are the factors which need to be considered while considering bonafide requirement - Concurrent findings of Courts regarding eviction of tenant, cannot be..........
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 - Bonafide requirement - Concealment of fact of availability of additional room, which is actually a shed (Dhara) - Since additional room is merely a shed and an outhouse, which is not put to use for residential purposes by family, landlady was not required to plead the same - Contention rejected...........
