HARI DASS SHARMA versus VIKAS SOOD & ORS.

HARI DASS SHARMA versus VIKAS SOOD & ORS.

Once eviction order is passed and maintained under Section 14(4) of the H.P. Urban Rent Control Act, 1987, tenants must deliver vacant possession to landlord and may only request reasonable time; sanction of revised building plan is not a statutory condition precedent for execution of eviction, and High Court's direction requiring such sanction for execution is contrary to Section 14(4) and its proviso.

Parties
Appellant Landlord: Hari Dass Sharma; Respondents Tenants: Vikas Sood & Ors.
Jurisdiction
India
Judgment Date
29 April 2013
Procedural Posture
Civil Appeal / Appeal From High Court Order Affirming Eviction, With Modification; Supreme Court Decision on Appeal
Outcome
Appeals allowed; High Court's modification set aside; time granted to tenants to vacate premises within three months.
Legal Topics
Eviction of Tenants, Landlord's Bona Fide Requirement, Interpretation of Rent Control Statutes
Rent Control Property Law Eviction of Tenants Landlord's Bona Fide Requirement Interpretation of Rent Control Statutes

Case Brief

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Parties

Hari Dass Sharma

Appellant Landlord

Vikas Sood & Ors.

Respondents Tenants

Procedural Posture

Civil Appeal / Appeal From High Court Order Affirming Eviction, With Modification; Supreme Court Decision on Appeal

Legal Issues

  1. 1 Whether sanctioning of revised/renewed building plan by the competent authority is a condition precedent for execution of the eviction order under s.14(3)(c) and s.14(4) of the H.P. Urban Rent Control Act, 1987
  2. 2 Whether High Court was correct in directing execution of eviction order only after sanctioned revised plan

Ratio Decidendi

Once eviction order is passed and maintained under Section 14(4) of the H.P. Urban Rent Control Act, 1987, tenants must deliver vacant possession to landlord and may only request reasonable time; sanction of revised building plan is not a statutory condition precedent for execution of eviction, and High Court's direction requiring such sanction for execution is contrary to Section 14(4) and its proviso.

Court Disposition

Appeals allowed; High Court's modification set aside; time granted to tenants to vacate premises within three months.

Orders

  • Directions in Para 27 of the High Court's impugned judgment set aside.
  • Respondents to vacate building within three months from judgment.