Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | urban rent |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | East Punjab Urban Rent Restriction Act, 1949 : Sections 13(3) (a) (iii), 13 (4}-Tenant-Eviction of-Building unsafe and unfit for human habitation - Subsequently tenant effecting minor repairs making it fit for habitation- Permissibility of-Eviction order- Validity of. The respondent landlord filed an application under section 13(3) (a) (iii) of the East Punjab Urban Rent Restriction Act, 1949 for eviction of the appellant-tenant on the ground that the building was required for reconstruction since it became unsafe and unfit for human habitation. The rent Controller ordered eviction. On appeal, the District Court reversed the order of the Rent Controller and held that as the tenant had already carried out repairs, the shop became safe and habitable and therefore there was no need for eviction. On a Revision Application filed before it, the High Court, reversed it and restored the order of the Rent Controller. Though the High Court accepted the finding that the repairs effected by the tenant were not exhaustive, it took the view that without recourse to section 12 which stipulated that an application to be made to the Rent Controller to effect ordinary repairs, the tenant could not replace the fallen roof, and since a portion of the roof had fallen, the building became unfit for human habitation. Aggrieved against the High Court's order the appellant has preferred the present appeal, contending that by the subsequent replacement of the roof by the appellant-tenant, the requirement of the building by the landlord for effecting repairs did not exist at all. |
Judge | Hon'ble Mr. Justice K. Ramaswamy |
Neutral Citation | 1992 INSC 121 |
Petitioner | Shadi Singh |
Respondent | Rakha |
SCR | [1992] 2 S.C.R. 726 |
Judgement Date | 1992-04-23 |
Case Number | 2945 |
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