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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SATYEN VAIDYA
Dharmender – Appellant
Versus
Prem Chand – Respondent
| Table of Content |
|---|
| 1. eviction petition for rent arrears and landlord's bona fide need; lower courts affirm. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. tenant's post-eviction delayed arrears deposit temporarily stays execution. (Para 9 , 10 , 11 , 12) |
| 3. late arrears deposit beyond 30 days invokes no proviso protection. (Para 13 , 14 , 15 , 16 , 17 , 18 , 19) |
| 4. landlord's business need and access bona fide; co-owner may evict. (Para 20 , 21 , 22 , 23 , 24 , 25) |
| 5. appeal amendment infructuous; no prejudice to tenant. (Para 26 , 27) |
| 6. revision petition dismissed; eviction upheld. (Para 28) |
JUDGMENT :
Satyen Vaidya, J.
The instant revision petition has been filed under Section 24 (5) of the H.P. Urban Rent Control Act, 1987 (for short the ‘Act’), by the petitioner/tenant against the judgment dated 2.7.2022, passed by the Appellate Authority- III, Solan, District Solan, H.P. in Rent Appeal No. 3 ADJ-II/14 of 2019, whereby the order of eviction dated 22.2.2019, passed by the learned Rent controller-II, Solan in Rent Petition No. 11/2 of 2015, has been affirmed.
2. Rent Petition No. 11/2 of 2015 was filed by respondent No.1 herein (hereinafter referred to as the ‘Landlord’) under Section 14 of the A
Deposit of rent arrears after 30 days of eviction order, even pursuant to High Court interim direction, does not invoke 3rd proviso to Section 14(2)(i) protecting tenant from eviction; strict statuto....
The eviction of tenants under the H.P. Urban Rent Control Act necessitates strict adherence to statutory grounds, particularly regarding personal bona fide requirements and timely rent deposits.
Eviction proceedings under the Goa Buildings (Lease, Rent & Eviction) Control Act are valid if the tenant fails to deposit rent as required, and the landlord's bona fide requirement can justify evict....
The judgment emphasizes the importance of regular rent payments and compliance with deposit rules by tenants, and it upholds the rights of illiterate landlords to property use.
The main legal point established in the judgment is that the Rent Controller has no jurisdiction to extend the period for tendering the provisionally assessed arrears of rent, and failure to comply w....
The failure of the tenant to deposit the rent under Section 27 of the Act, after the landlord's refusal to accept the tendered rent, makes the tenant liable for eviction under Section 14(1)(a) of the....
A tenant's claim of payment must be substantiated by evidence without necessitating prior inclusion in pleadings; the eviction application was dismissed due to lack of grounds.
The principle of res judicata does not apply if a fresh application is filed on changed circumstances, and the earlier petition was not adjudicated upon on merits.
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