Once the families of Jagdish Kishore and Ram Kishore are considered as included in the expression “himself”, the accommodation with the petitioner is wholly insufficient. There are as many as five grand […]
SEPTEMBER 18, 2018: The petition for eviction filed by the Landlord under Section 13 of the Haryana Urban (Control of Rent and Eviction) Act, 1973 was dismissed by the Rent Controller. The judgment of the Rent Controller was affirmed in appeal by the Appellate Authority, Faridabad and in revision by the High Court of Punjab and Haryana at Chandigarh. Aggrieved thereby the landlord filed appeal befote the Supreme Court .
Supreme Court held while dismissing the appeal for eviction, in RAVI CHAND MANGLA Versus DIMPAL SOLANIA & ORS. that “The main point urged on behalf of the Appellant is that the premises which was let out for saw mill is now being utilized for the purpose of manufacturing of grills which amount to change of user. Submissions were made before us by both sides on the interpretation of terms of the rent agreement. On a perusal of the agreement, we are convinced that there is no restriction placed on the Respondents-tenant to run business only relating to the saw mill. The tenant was given the liberty to carry on any other business as well. In the absence of any negative covenant the user does not amount to user for the purpose other than for which the premises was leased. A premises taken on rent for ‘sugarcane crushing’ was used for cloth business in which case the landlord’s contention that there was change of user was rejected.
In the case of Associated Hotels of India Ltd., Delhi vs. S. B. Sardar Ranjit Singh, AIR 1968 SC 933,Apex Court held that when eviction is sought on the ground of subletting, […]
West Bengal Premises Tenancy Act 1997 26. Creation and termination of sub-tenancy to be notified. – (1) Where after the commencement of this Act, any premises is sublet, either in whole or […]
Law Library West Bengal Premises Tenancy Act-1997 6. Protection of tenant against eviction – (1) Notwithstanding anything to the contrary contained in any other law for the time being in force or […]
KEYWORDS:- RENT CONTROL-eviction suit- subletting- DATE :-January 25, 2018- If one ground of eviction is held made out against the tenant, that ground is sufficient to evict the tenant from the suit […]
KEYWORDS:- EVICTION SUIT- TENANCY-registered rent agreement-renewal of lease deed The courts below did not properly appreciate that after service of eviction notice on 09.04.1979 continuance of respondents’ possession in the demised premises […]
Keywords: Rent Control-Jurisdiction The Act has entrusted the Controller with a ‘jurisdiction, which includes the jurisdiction to determine whether there is non-payment of rent or not, as well as the jurisdiction, on […]
Arbitration and Conciliation- The Delhi Rent Act, which deals with the cases relating to rent and eviction of the premises, is a special Act. Though it contains a provision (Section 3) by […]