UMED SINGH versus ARYA SAMAJ SEWA SADAN

UMED SINGH versus ARYA SAMAJ SEWA SADAN

Section 13(3)(a)(i) of the Haryana Urban (Control of Rent and Eviction) Act, 1973 covers bona fide requirement for non-commercial purposes of a juristic person, and a residential premises may be sought for uses such as running a public library. The respondent being a society cannot have residential requirement but its intended non-commercial use of the premises brings it within the statutory provision.

Parties
Appellant: Umed Singh; Respondent: Arya Samaj Sewa Sadan
Jurisdiction
India
Judgment Date
04 July 2006
Procedural Posture
Civil Appeal / Final Judgment
Outcome
appeal dismissed
Legal Topics
Eviction, Bona Fide Requirement, Rent Control, Residential Premises, Interpretation of 'own Occupation'
Tenancy Property Law Eviction Bona Fide Requirement Rent Control Residential Premises Interpretation of 'own Occupation'

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Parties

Umed Singh

Appellant

Arya Samaj Sewa Sadan

Respondent

Procedural Posture

Civil Appeal / Final Judgment

Legal Issues

  1. 1 Whether Section 13(3)(a)(i) of the Haryana Urban (Control of Rent and Eviction) Act, 1973 requires the landlord to use the premises purely for residential purposes or if 'own occupation' also connotes non-commercial use unconnected with business or trade
  2. 2 Whether a juristic person can seek eviction for bona fide need for a non-commercial purpose such as running a library

Ratio Decidendi

Section 13(3)(a)(i) of the Haryana Urban (Control of Rent and Eviction) Act, 1973 covers bona fide requirement for non-commercial purposes of a juristic person, and a residential premises may be sought for uses such as running a public library. The respondent being a society cannot have residential requirement but its intended non-commercial use of the premises brings it within the statutory provision.

Court Disposition

appeal dismissed

Orders

  • Appeals dismissed.
  • No order as to costs.