Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Bonafide requirement - Hall on ground floor let out for book binding and printing press - Landlord aged 70 years residing on first floor - Landlord got his leg fractured which must be causing extreme inconvenience to him to climb staircase for going up and down on the first floor - Wife of landlord..........
East Punjab Urban Rent Restriction Act, 1949 -- S.13(2)(ii)(a) - Sub letting - Tenant gave rear portion of a shop to a person for business - Control of ingress and egress of the shop remaining with tenant - Cannot be said that tenant parted with possession of shop - It is not sub letting...........
Rent and Eviction -- Ceased to occupy - Shop remained closed for four months under police pressure - Tenant not liable to eviction. (Haryana Urban (Control of Rent and Eviction) Act, 1973, S.13(2)(v)...........
East Punjab Urban Rent Restriction Act, 1949, Section 15(5), 13 -- Sub letting of part of demised premises for independent business of sub-tenant - Plea of partnership not set up in written statement - Once it is proved that tenant had no role to play in the independent business of sub-tenant and that he had no control over the same and leased out for his exclusive..........
Rent and Eviction -- Unfit and unsafe - Building 70/80 years old - Developed cracks in walls and roofs - No plaster on walls - Building outlived its life - Finding of fact by Courts below that building was unsafe and unfit and beyond repairs - Finding upheld. (Haryana Urban (Control of Rent and Eviction) Act, 1973, S.13(3)(c)...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 15(6) -- Revision - Unfit and unsafe - Finding of fact - Finding recorded by lower Court on ample evidence that the building has been rendered unfit and unsafe for human habitation - Finding not perverse or without evidence nor based on perfunctory and superficial approach adopted by Courts below - Finding not..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 8 -- House tax - Increase in House tax by Municipal Committee - Tenant is liable to pay increased amount of tax from the date of despatch of the written notice of demand under registered cover...........
Delhi Rent Control Act, 1958, Section 2(1), 14, 50, Civil Procedure Code, 1908, Section 47 -- Heirs of statutory tenant for commercial purposes - Tenancy not heritable as such suit for possession decreed by Civil Court - Subsequently Supreme Court holding that statutory tenancy for commercial premises is heritable - Objection taken that decree passed by Civil Court is..........
Rent and Eviction -- Unfit and unsafe for human habitation - If building is old that by itself is not a ground to hold that building has become unfit and unsafe for human habitation. (Haryana Urban (Control of Rent and Eviction) Act, 1973, S.13(3)(iii)...........
Rent and Eviction -- Unfit and unsafe for human habitation - Roof of shop in bad condition and supported by three 'karis' since inception of tenancy - Held, tenant not liable to eviction. (Haryana Urban (Control of Rent and Eviction) Act, 1973, S.13(3)(iii)...........
