East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(iii) -- Material impairment of value and utility - Construction of three sheds of permanent nature embedded in the floor and also in the side wall on almost whole of the courtyard which could not be removed without doing damage to the building - Shed not only obstructed ventilation to the courtyard but had also..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(iii) -- Material impairment of value and utility - Impairment of the value or utility of the building is from the point of the landlord and not of the tenant...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(3)(i) -- Rent - Rate of - No rent note or rent receipt - Entries in House Tax Assessment Register rightly relied to determine rate of rent...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(3)(i) -- House tax assessment register - Partial admissibility as to rate of rent - Entry as to rate of rent admissible in absence of rent note and rent receipt - Entry of ownership in municipal record in the name of father but father made a statement in Court that premises is owned by his son - Statement..........
Specific Relief Act, 1963, Section 28(1) -- Specific performance - Rescission of agreement - Execution of decree - Delay of nine years - Agreement dated 16.08.1980 to lease of Trust property - The suit for specific performance decreed on 28.07.1985 - Application moved by Trustees on 03.10.1994 u/S.28(1) inter alia alleging decree dated 28.07.1985 was collusive - Plea of..........
Rent and Eviction -- Bona fide need - Death of landlord during pendency of proceedings - L.R's can prosecute such application on the basis of their own need in substitution of the need of the deceased. (U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, S.21(7)...........
Rent and Eviction -- Subsequent events - Rights of parties to be determined on the basis of the date of institution of the suit or proceeding - Court may take into account subsequent events if (a) the relief claimed originally has by reason of subsequent change of circumstances become inappropriate; or (b) it is necessary to take notice of subsequent events in order to..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i)(a) -- Sub letting - To son without written consent of landlord - Tenant and son living separately - Tenant liable to eviction...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(ii)(a) -- Sub letting without written consent of landlord - Inspite of knowledge of subletting landlord continued to receive rent - If property is sub let without written consent of landlord then doctrine of waiver is not applicable...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(3)(a)(ii) -- Family settlement - Shop fell to the share of landlord by way of oral family partition - Tenant cannot challenge an oral partition - Oral partition of property is permissible mode of partition which can be adopted by any undivided Hindu Family...........
