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AJAY MOHAN GOEL
Asha – Appellant
Versus
Krishan Kumar – Respondent
Headnote: Read headnote
JUDGMENT :
AJAY MOHAN GOEL, J.
1. By way of this petition filed under Section 24(5) of the Himachal Pradesh Urban Rent Control Act, 1987, the petitioners herein challenge the judgment passed by learned Appellate Authority. Chamba Division, Chamba, H.P. in Civil Miscellaneous Appeal No. 3 of 2006, titled as Krishan Kumar and Others vs. Smt. Bhoto and Others, in terms whereof, the learned Appellate Authority while allowing the appeal of the present respondents, set aside the order passed by learned Rent Controller, Chamba, District Chamba passed in Rent Petition No. 5 of 2003, titled as Krishan Kumar and Another vs. Smt. Bhoto and Others, dated 29.04.2006 and ordered the eviction of the petitioners on the ground of bonafide requirement for reconstruction by way of demolition.
2. Brief facts necessary for the adjudication of the present petition are that respondents/landlords (hereinafter to be referred as ‘the landlords’) filed an eviction petition under Section 14 of the Himachal Pradesh Urban Rent Control Act, 1987,
The substantive right conferred by Section 14(3)(c) of the Act has prospective effect only from the date the amendment was incorporated in the statute.
The court affirmed the eviction of tenants based on the landlord's bona fide requirement for reconstruction of a dilapidated building, emphasizing the limited scope of revisional jurisdiction.
It is settled law that landlords have right to put their property for better use and to obtain higher income.
The right to re-entry for tenants post-eviction is contingent upon mutual agreement and completion of rebuilding, not an absolute right.
The appellate court must provide detailed reasoning for its decisions, reflecting a conscious application of mind to all issues, while the revisional jurisdiction does not allow for a re-hearing of f....
Meaning of word ‘legality’ is lawfulness. It refers to strict adherence to law, prescription, or doctrine; quality of being legal.
The court emphasized the importance of establishing a landlord's bona fide requirement for eviction under the Himachal Pradesh Urban Rent Control Act, 1987, and upheld the landlord's claim based on o....
The landlord's discretion in choosing eviction grounds and the relevance of the premises' use after vacation were central to the court's decision.
Section 24(5) of Rent Act empowers High Court to entertain Revision Petition at any time, but “any time” is to be a reasonable time.
Right to property, though not a fundamental right is still a constitutional right. Article 300 A of the Constitution of India proclaims that no person can be deprived of his property save by authorit....
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