Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1973 Haryana Urban (Control of Rent and Eviction) Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Haryana Urban (Control of Rent and Eviction) Act, 1973: s. 2(f) – Rented land – Ejectment petition – Maintainability of – Rented land let out to a club with an implied permission to construct – Construction of pavilion, which was used for the purpose of club only – Respondent No. 2-tenant created a sub-lease and transferred one portion of the property to the Municipal Committee – Ejectment petition on the ground of non-payment of rent; subletting of the premises; and that the property had been abandoned by the first respondent which had ceased to exist and the premises now being used for different purpose – Rent Controller as well as Appellate Authority held that the rented land is being put to use for the purpose of business and passed eviction order against the respondents – High Court held that the club activities were not held as business within the meaning of s. 2(f) so as to apply the Act to the rented land – On appeal, held: Use of land as club for a pavilion is in interest of section of the public, thus, land let out to a club which for the purpose of construction and use of pavilion falls within the scope of s. 2(f) of the Act – High Court erred in holding that the land let out to the club used for pavilion is not for the purpose of business – Thus, eviction petition is maintainable and the order passed by the High Court is set aside |
Judge | Hon'ble Mr. Justice Hemant Gupta |
Neutral Citation | 2021 INSC 405 |
Petitioner | Rajinder Kumar Bansal & Ors |
Respondent | Municipal Committee & Ors. |
SCR | [2021] 8 S.C.R. 225 |
Judgement Date | 2021-08-17 |
Case Number | 8238 |
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