Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Rent Control |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Rent Control - H.P. Urban Rent Control Act, 1987 - s.14(3)(c) & 14(4)- Eviction order passed by Rent Controller - On ground that appellant-landlord bona fide required the C tenanted building for purposes of addition and alteration of the building or re-building - Eviction order maintained by High Court - But direction passed by High Court that only on the valid revised/renewed building plan being sanctioned by the competent authority, such eviction order shall be available for execution and thereafter the executing court· shall allow reasonable time to the respondents-tenants for vacating the property and delivering possession to appellant-landlord - Propriety - Held: Once High Court maintained the order of eviction, the tenants were obliged to give vacant possession of the building to the landlord and could only ask for reasonable time to deliver vacant possession to the landlord - s.14(3)(c) does not require that building plans should be sanctioned by the local authorities as a condition precedent to the entitlement of the landlord for eviction of the tenant - Direction of the High Court that the order of eviction could only be executed on the revised plan of the building being approved clearly contrary to s.14(4) and the proviso thereto - Time granted to respondents to vacate the building within 3 months - Respondents can apply for re-entry into the building in accordance with the proviso to clause (c) of s. 14(3) of the Act introduced by the Himachal Pradesh Urban Rent Control (Amendment) Act, 2009. |
Judge | Hon'ble Mr. Justice A.K. Patnaik |
Neutral Citation | 2013 INSC 291 |
Petitioner | Hari Dass Sharma |
Respondent | Vikas Sood & Ors. |
SCR | [2013] 5 S.C.R. 1029 |
Judgement Date | 2013-04-29 |
Case Number | 4127 |
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