Thursday, 19 December 2019

Whether it is mandatory for landlord to disclose residential accommodation if he is seeking eviction of shop premises?

The contention of Mr. Gupta that the petition was liable to have been dismissed for not disclosing the existence of chabaras over the shops cannot be accepted. Mr. Sehgal has rightly pointed out that in the eviction petition the shops under occupation of the petitioners and the tenants had been variously shown as red, yellow, green and brown. It had been further pleaded that except for the shops shown as red, yellow, green and brown in the site plan, the remaining portion of the building shown as blue was residential and the same was being used by petitioner nos. 1 and 2 and their family members for residential purposes. Thus there was no concealment. Further as eviction was being sought in respect of a shop the petitioner was not required to disclose the accommodation which was being used as residential. (Krishan Lal v. Harvinder Singh 2004(2) R.C.R.(Rent) 550).
Punjab-Haryana High Court
Vijay Kumar vs Charanjit Singh & Ors on 12 October, 2018
      CR-1582-2018                                              

Coram:
HARINDER SINGH SIDHU, J.

Citation: 2019(1) RCR(Rent) 17
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