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..........
Civil Procedure Code, 1908, Order 22, Rule 9, 10A -- Death of sole respondent - Non-substitution of LR's within time - Abatement of suit - Non information of death of sole respondent to Court by counsel of the party he represented - Information of death of sole respondent was received at later stage by applicants and on account of illness of applicant immediate steps were..........
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 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 - Landlady specifically stated that her daughters have occupied part of accommodation now available with her - In any event, regardless of such fact, assuming daughters are not residing or occupying the accommodation, even then tenanted premises are required by her - Even..........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14 -- Eviction - Impairment of value and utility of premises - Old building burdened with weight only makes the roof sagging and seepage of water further damages the property, making part of it unusable - Breaking of bathroom and puncturing the walls of old structure, cumulatively put, does impair the value and utility..........
