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SANJAY DHAR
Shamsher Singh – Appellant
Versus
Union of India – Respondent
JUDGMENT :
SANJAY DHAR, J.
1. According to the petitioner a building known as “Sukh Niwas” situated at Rajbagh, Srinagar, along with land measuring 04 kanals underneath and appurtenant thereto belonging to one late Col. Sukhdev Singh Samyal, was taken on rent by the respondents way back in the year 1968 on monthly rent of Rs. 900/- which was later on enhanced to Rs. 1500/- per month. Upon death of Col. Sukhdev Singh, his widow Smt. Chain Devi was declared legal heir of the deceased with respect to the aforesaid property and was she appointed her two sons, namely, Randeep Singh Samyal and Jagdeep Singh Samyal as her attorneys to look after the property and to receive rent on her behalf in equal proportions. The above named two persons received the rent of the building up to November 1989/March, 1991 @ Rs. 1500/- which was divided amongst the aforesaid persons in equal proportion. After the death of above named two persons, the rent was withheld by the respondents.
2. It is further averred that upon death of Randeep Singh and Jagdeep Singh, Smt. Sita Devi daughter-in-law of late Col. Sukhdev Singh Samyal was given the right to hold the property in question in terms of Government Order N
Mere recommendation of Board of Officers, which has not been agreed to by the tenant in this case, does not form a binding contract between landlord and tenant.
The legal point established is that the legal heir of a landlord can step into the shoes of the landlord and maintain an eviction petition. Additionally, non-payment of rent, including interest on ar....
The main legal point established in the judgment is the application of Sections 12(3)(a) and 13(1)(b) of the Rent Act in a dispute over arrears of rent and unauthorized construction. The court's deci....
The landlord-tenant relationship, the landlord's bona fide need, and the rent amount were key legal principles established in the judgment.
The main legal point established in the judgment is that the grounds of willful default in payment of rent, acquisition of suitable alternate accommodation, and reasonable and bona-fide need of the p....
The High Court's revisional jurisdiction is limited to ensuring lower courts adhered to legal standards, without reassessing evidence as in an appellate court.
The main legal point established in the judgment is the determination of mesne profits for unauthorized use and occupation of premises by a tenant, and the court's authority to decree recovery of suc....
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