Urban (Control of Rent and Eviction) Act, 1973 (Haryana) – Section 2(f) – the expression “business” appearing in Section 2(f) need not necessarily be commercial business carried on with a profit motive. The word includes within its scope a charitable business or a dealing in the interest of public or a section of the public. Therefore, 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 Section 2(f) of the Act and thus eviction petition is maintainable under the Act. AIR 2021 SC 3903 : 2021 (9) SCALE 508
Hemant Gupta; J.
Transfer of Property Act, 1882 – Section 63 – Accession to mortgaged property – Suit for redemption of the mortgage property and possession – Suit for redemption can be filed within 30 years from the date fixed for redemption. AIR 2021 SC 3939 : 2021 (9) SCALE 390
Partnership Act, 1932 – Section 42 (c) – Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (U.P.) – Section 12 (2) – Death of a Partner – Deemed vacancy of building in certain cases – With the death of both partners and not having any clause permitting continuation of the partnership by the legal heirs, the non-residential tenanted premises is deemed to be vacant in law as the tenant is deemed to have ceased to occupy the building.Read More »Davesh Nagalya v. Pradeep Kumar