Transfer of Property Act, 1882, Section 11, 116 -- Lease - Renewal - Mere acceptance of rent does not amount to renewal of lease...........
Service Law -- House rent allowance - Rural health allowance - Held, house rent allowance and rural health allowance cannot be treated as two different components - There is bar against the same doctor receiving both benefits...........
Service Law -- Rural health allowance - Recovery of - Held, any payment which is not on account of any fraud or misrepresentation or by any clerical error cannot be a subject of recovery by the State - In present case, even while accepting defence that a claim for rural health allowance shall be impermissible, in a case where person was also drawing house rent allowance,..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Unfit & unsafe for human habitation - Disputed shop has dampness in walls from ceiling to floor and cracks in roof - Besides demised shop there is Deori and another shop in same building and common roof slab of both shops and Deori - Held, once RBRC Slab is cracked, it cannot be repaired and has to be..........
East Punjab Urban Rent Restriction Act, 1949, Section 15, Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - High Court in earlier revision petitions of tenant remanded matter to appellate authority by open ended remand orders and not by limited or restricted direction - Appeal was restored to files of appellate authority to be decided in..........
Rajasthan Rent Control Act, 2001, Section 9(i) -- Eviction - Bona fide necessity - Term `family' - Meaning of - Held, term `family' as used in S.9(j) has to be given a wider meaning so as to include even wife or widow of any male family members...........
Constitution of India, 1950, Article 227, Rajasthan Rent Control Act, 2001, Section 9(j) -- Eviction - Bona fide necessity - Concurrent finding - Finding arrived at by Court below regarding reasonable bona fide necessity of premises in question for use and occupation of landlord's daughter-i, law remains concurrent finding of fact which cannot be said to be perverse or..........
Rajasthan Rent Control Act, 2001, Section 9 -- Eviction - Bona fide necessity - Held, landlord is the best judge to assess his bona fide necessity and has an unfettered right to choose premises suitable to fulfill his bona fide requirement...........
Rajasthan Rent Control Act, 2001, Section 9(c) -- Eviction - Material alteration - Held, if it is proved that construction has been raised by tenant materially altering premises and tenant is not able to show that such material alteration was made with permission of landlord in writing then tenant shall be liable to be evicted - But nonetheless, in terms of provisions of..........
Rajasthan Rent Control Act, 2001, Section 9 -- Eviction - Bona fide necessity - Held, landlord not required to implead daughter-i, law as co-petitioner - But then, on account of her impleadment, in no manner makes petition preferred by landlord for her bona fide necessity not maintainable...........
