Supreme Court Digest on Civil, Rent and Revenue Cases 2007-2013

SUPREME COURT DIGEST
on
[ Civil, Rent and Revenue ]
[2007 to 2013]
Abandonment - Plea of abandonment in a suit for specific performance with a delay of two years is not
sustainable 2008(2) H.R.R. 357 S.C.
Abatement After decree of eviction, landlord died during pendency of appeal filed by tenant Right
of LRs of landlord would not be affected by his death 2008(1) H.R.R. 1 S.C.
Abatement Death of one of respondents Some legal heirs already on record representing interest of
absentee Appeal does not abate 2008(1) H.R.R. 397 S.C.
Abatement LRs not brought on record within time Delay of 778 days in filing application but no
sufficient cause for delay shown Abatement of appeal justified 2010(2) Haryana Law Reporter 610 S.C.
Abatement - On death of plaintiff or defendant appeal would abate automatically unless the heirs and
LRs concerned are brought on record 2007(1) HRR 688 S.C.
Abatement of suit - Abatement cannot the set aside unless specific prayer is made by LRs of deceased
2007(1) HRR 688 S.C.
Accrual of right - Amendment of pleading cannot be allowed after fifteen years as it would deprive OP
of a right accrued in his favour due to lapse of time 2007(1) HRR 644 S.C.
Acquired sight A right acquired by OP due to lapse of time on account of laches cannot be disturbed
by condoning delay on insufficient grounds 2009(2) Haryana Law Reporter 188 S.C.
Acquisition - 2 acres out of 45 acres of land acquired by Housing Board was found in possession of
respondent hut dwellers - Land owner held entitled to sanction of layout of this land without insisting on NOC
by Housing Board - Respondents may seek the remedy in civil court - 2007(2) HRR 345 S.C.
Acquisition - Acquisition for expansion of industrial area - State authorities not required to produce
necessary material for perusal of court 2007(1) HRR 464 S.C.
Acquisition Allotment made in favour of respondent despite interim order of stay by High Court
Order of State Government is a nullity 2010(2) Haryana Law Reporter 104 S.C.
Acquisition Compensation of land under acquisition if under tenants, its compensation cannot be
determined it lesser rate simply that purchaser would pay less price because it is incumbent land - 2012(1)
Haryana Law Reporter 560 S.C.
Acquisition Constructed houses of small landowners were wrongly acquired not only for constructing
ring road but for establishment of industrial, commercial and residential sectors Notification of acquisition
quashed - 2013(2) Haryana Law Reporter 400 S.C.
Acquisition Deprivation of a landowner of his immovable property amounts to violation of Article 21
of the Constitution If oustees are not resettled they would become rogue vagabond indulging in illegal
activities 2013(1) Haryana Law Reporter 235 S.C.
Acquisition In acquisition not only land is acquired but even livelihood of landowner is taken away
their rehabilitation is covered under the public interest 2009(2) Haryana Law Reporter 188 S.C.
Acquisition It is settled law that once land has vested in Government after completion of all process of
acquisition, the land cannot be released under section 48 of the Act - 2013(2) Haryana Law Reporter 204 S.C.
Acquisition It is settled that a sale deed with highest rate which is bona fide transaction must be a
determining factor for market price of land - 2012(2) Haryana Law Reporter 252 S.C.
Acquisition Land acquired already for STP remained unused showing that there was no urgency
Appellant held entitled to file objection u/s 5-A against acquisition 2010(1) Haryana Law Reporter 380 S.C.
Acquisition - Land acquired with mala fide intention without any public purpose - Notification quashed
- Plea of estoppel not available 2007(1) HRR 430 S.C.
Acquisition - Notified Area Committee is empowered to acquire land under Punjab MC Act for
providing residential, commercial and hospital facilities - 2007(2) HRR 281 S.C.
Acquisition - Once rate of land at Rs. 55000/- per bigha is offered by Government - The rate cannot be
reduced simply that land owner had refused to accept this rate - 2007(2) HRR 154 S.C.
Acquisition Only 10% of landowners challenged notification of acquisition Validity of notification
upheld 2010(2) Haryana Law Reporter 620 S.C.
Acquisition State Government acquired appellants land by ignoring report of the Collector
Provisions of sections 4, 5, 5-A and 6 also violated as publication of notification was not legally proper
Notification of acquisition set aside 2013(1) Haryana Law Reporter 515 S.C.
Acquisition Valuation of land in 1970 and 1973 cannot be similar There should be rise at 12% for
land sold in 1973 2013(1) Haryana Law Reporter 33 S.C.
Acquisition - Writ petition against acquisition after delivery of possession of acquired land is not
maintainable - 2008(1) H.R.R. 344 S.C.
Acquisition matter - High Court dismissed appeal against order of reference court by passing a nonspeaking order Order not legally maintainable - 2008(1) H.R.R. 439 S.C.
Acquisition/award Collector is bound to pass an order of Award within two years otherwise
acquisition of land will become ineffective - 2012(1) Haryana Law Reporter 250 S.C.
Acquisition/compensation - Oustees could hardly purchase a plot of 250 sq. mtr. with the amount of
compensation got for acquisition of one acre Demand of price of plot is unjustified But court is helpless as
no provisions of allotment is available in the Land Acquisition Act Applicant should make their
representations to appropriate authorities or State Government 2011(1) Haryana Law Reporter 129 S.C.
Acquisition/release Petition for release of land was dismissed on the ground that objections under
section 5A were not filed But petitions of other persons on similar facts were admitted Impugned order
being discriminatory is liable to be set aside 2013(1) Haryana Law Reporter 514 S.C.
Acquisition/release Unauthorized construction on land by petitioner He cannot claim release of
land saying that it is not a built area - 2012(2) Haryana Law Reporter 218 S.C.
Acquittal/recovery - Acquittal of accused u/s 138 of Negotiable Instruments Act does not affect the
civil suit for recovery of amount of cheque 2009(2) Haryana Law Reporter 255 S.C.
Additional cost of tenements - Housing Board demanded additional cost of tenement after 7 years
which was in violation of terms of Hire Purchase Agreement Demand is unjustified and hance quashed
Impugned judgment set aside - 2011(2) Haryana Law Reporter 601 S.C.
Additional evidence Admitting additional evidence at appellate stage without following mandatory
provisions of law is illegal Order set aside - 2008(1) H.R.R. 610 S.C.
Additional evidence - Appeal filed with application for additional evidence - Appeal alongwith
application should have been decided by Court below 2008(2) H.R.R. 381 S.C.
Additional evidence - Mere concealment of a fact that application for additional evidence was rejected
by court below is not a sufficient ground to dismiss the revision petition by the High Court 2009(2) Haryana
Law Reporter 523 S.C.
Adequacy of consideration - Adequacy of consideration u/s 25 of Contract Act is a mixed question
of fact and law 2008(2) H.R.R. 360 S.C.
Adequate compensation No land can be acquired without payment of adequate compensation and
without marking arrangement of resettlement of ousted person 2013(1) Haryana Law Reporter 235 S.C.
Admissibility of evidence - When a disposition of property is reduced into writing, no oral evidence
is admissible against the nature of transaction 2009(2) Haryana Law Reporter 1 S.C.
Admission Admission made by a karta of joint family is a relevant factor to prove a question of fact 2008(1) H.R.R. 476 S.C.
Admission Admission of transfer of possession admitted in clear terms by lessee on termination of her
lease Lessee cannot resite from her open admission of real fact 2013(1) Haryana Law Reporter 536 S.C.
Admission - Defendant made an admission in written statement signed by defendant and her counsel Defendant cannot be allowed to resile from the admission by alleging playing of fraud 2008(2) H.R.R. 350
S.C.
Admission under mistaken belief - Once fact has been admitted in written statement, defendant
cannot be allowed to deny such admission by alleging that it was made under mistaken belief 2008(2) H.R.R.
350 S.C.
Advalorem court fee - When sale deed is challenged by the non-executant plaintiff not in possession
of suit land Court fee by plaintiff would be payable as ad valorem fee u/s 6, 7 (iv) (c) of the Act 2010(2)
Adverse possession - Animus Possidendi is an important ingredient of adverse possession which
must be pleaded by claimant - 2007(2) HRR 569 S.C.
Adverse possession - Main question relating to determination of question of continuous and
undisturbed possession remained undecided - Case remanded to decide issue of adverse possession - 2007(2)
HRR 193 S.C.
Adverse possession - Mere long possession for more than 12 years is not sufficient to prove that the
possessor has become owner of suit property unless denial of title is made known to true owner 2007(1) HRR
112 S.C.
Adverse possession - One who claim adverse possession must prove that his possession in peaceful,
open and continuous which is in the knowledge of true owner 2008(2) H.R.R. 431 S.C.
Adverse possession - Tenant remaining in possession of suit property for more than 12 years way of
adverse possession rejected - 2007(2) HRR 75 S.C.
Adverse possession against co-owner and trustees - Possession should be hostile, denying title
of true owner to his knowledge with continuity of possession - But adverse possession cannot be claimed
against a co-owner or trustees or guardians 2007(1) HRR 112 S.C.
Adverse possession against State - If possession is claimed against State it must be proved to be
hostile against which State had taken no action 2008(2) H.R.R. 431 S.C.
Advocates authority A litigant is bound by settlement of dispute executed by his lawyer
However, he is at liberty to approach Bar Council in this regard - 2008(1) H.R.R. 504 S.C.
Advocates misconduct Section 38 - Suspension from practice - Vakalatnama with forged
signatures Respondent advocate presented his Vakalatnama with forged document and presented compromise
with forged signatures of parties and obtained an order in his favour Respondent suspended from practice for
3 years period 2013(1) Haryana Law Reporter 1 S.C.
Agreed rent - In the absence of agreed market rate of rent prevailing in the locality to be taken as basic
rent - 2008(1) H.R.R. 147 F.B.
Agreement Agreement to sell executed on old stamp papers Authenticity of agreement is doubtful
Though it is not invalid - 2008(1) H.R.R. 602 S.C.
Agreement between colonizer and allottees - Director can issue directions and can inspect the
site of colonizer to judge the implementation of conditions of licence regarding execution of layout But
cannot review terms of agreement entered between colonizer and allottees 2010(2) Haryana Law Reporter 575
S.C.
Agreement on plain paper Agreement executed on plaint paper shall be admitted in evidence after
payment of stamp duty with penalty - 2008(1) H.R.R. 602 S.C.
Agreement to sell - To preempt of joint house under the Partition Act does not accrue before sale deed
of house is executed No preemption on the basis of agreement to sell is permissible 2010(2) Haryana Law
Reporter 520 S.C.
Allotment Allotment authorities made allotment without any fresh advertisement Advertisement
already available on the record was totally ignored to benefit a well known cricket player Allotment not
sustainable - 2012(1) Haryana Law Reporter 387 S.C.
Allotment - Allotment of housing plot challenged as respondent was allotted another plot as member of
Army Housing Society - Eligibility of respondent not affected by allotment as a member of the society
2007(1) HRR 477 S.C.
Allotment Allottee developed his plot by spending huge amount Allotment even if made in arbitrary
way, no drastic step should be taken against allottee 2010(2) Haryana Law Reporter 1 S.C.
Allotment Allottees were not provided basic facilities by the Market Committee Committee directed
not to charge penal interest till provisions of facilities After payment of entire price these facilities must be
provided within six months 2011(1) Haryana Law Reporter 38 S.C.
Allotment Housing Board demanded additional cost of tenement after 7 years which was in violation
of terms of Hire Purchase Agreement Demand is unjustified and hance quashed Impugned judgment set
aside - 2011(2) Haryana Law Reporter 601 S.C.
Allotment - HUDA continued litigation on fictitious grounds keeping due allotment pending even in
violation of order of Apex Court - HUDA's appeal dismissed with cost of Rs. 1 lac with direction of allotment
to respondent - 2008(1) H.R.R. 183 D.B.
Allotment - Premises found locked when inspected - No inquiry made from neighbour - Declaration of
premises as deemed vacancy is illegal - Subsequent allotment is also not valid 2008(2) H.R.R.160 S.C.
Allotment The High Court waived payment of interest on balance installments payable by
allottee/respondent against terms of contract Court should not go against terms of contract between parties 2012(1) Haryana Law Reporter 375 S.C.
Allotment Two applications were filed for allotment of site for Hospital One was allowed whereon
hospital building was constructed HUDA is directed to consider application of appellant without interfering in
other allotment as two applications were for different sectors - 2012(1) Haryana Law Reporter 380 S.C.
Allotment by mistake Allotment of plot in favour of respondent which was already allotted in
favour of petitioner by mistake Petitioner cannot take advantage of a glaring mistake - 2008(1) H.R.R. 592
S.C.
Allotment of flat Allottee failed to deposit 25% of price within 60 days nor acceptance of allotment
was conveyed Cancellation of allotment after 4 years by authority is justified 2010(2) Haryana Law
Reporter 440 S.C.
Allotment to oustees Oustees could hardly purchase a plot of 250 sq. mtr. with the amount of
representations to appropriate authorities or State Govt. 2011(1) Haryana Law Reporter 129 S.C.
Amendment - Amendment in pleadings not to be allowed after trial of the case had commenced
especially when it is not proved that matter could not be raised inspite of due diligence 2007(1) HRR 186 S.C.
Amendment - Amendment of pleading cannot be allowed after fifteen years as it would deprive OP of a
right accrued in his favour due to lapse of time 2007(1) HRR 644 S.C.
Amendment - Amendment of pleading even after two years, is justified when it becomes necessary for
proper adjudication of the matter - 2008(1) H.R.R. 371 S.C.
Amendment - Amendment of pleading is procedural in nature which should be liberally granted - But in
all other cases, court should exercise its discretion judicially 2008(2) H.R.R. 350 S.C.
Amendment Merely that an amendment of suit to include subsequent events may take the suit out of
jurisdiction of that court, an application for amendment cannot be refused - 2013(2) Haryana Law Reporter 233
S.C.
Amendment - Power to allow the amendment is very wide which can be exercised at any stage of the
proceedings 2007(1) HRR 221 S.C.
Amendment - Request of amendment of plaint and prayer for amendment of written statement stands on
different footing 2007(1) HRR 694 S.C.
Amendment Section 151 - Order 22 Rule 4 Application for impleadment of LRs of a person who
was dead at the time of filing of appeal is not maintainable 2013(1) Haryana Law Reporter 40 S.C.
Amendment Tenant sought amendment of written statement at appellate stage denying inheritance of
suit property by one of two landlords Tenant cannot be allowed to introduce new plea with a view to prolong
the litigation 2010(1) Haryana Law Reporter 506 S.C.
Amendment Two reliefs can be amalgamated through amendment when it is necessary to settle the
real controversy 2009(2) Haryana Law Reporter 522 S.C.
Amendment of plaint - Amendment of plaint should not be declined simply on the ground that it was
sought at a belated stage - 2007(2) HRR 339 S.C.
Amendment of pleadings Courts have wide jurisdiction in permitting amendment of pleadings
Jurisdiction can be exercised even if the suit is barred by limitation 2009(2) Haryana Law Reporter 576 S.C.
Amendment of written statement Amendment of written statement can be sought before start of
trial where issues are not framed nor any evidence has been produced 2009(2) Haryana Law Reporter 598
S.C.
Amendment of written statement - Amendment of written statement sought by respondent after
evidence of three witnesses was over after number of adjournments - Amendment disallowed 2007(1) HRR
186 S.C.
Ancestral property - A got in inheritance property in 1972 and got his share in partition Son born
to A in 1977 has no right to challenge alienation of the property made by A as it is now his personal
property - 2008(1) H.R.R. 360 S.C.
Appeal Concurrent finding regarding validity of Will cannot be interfered in second appeal 2010(1)
Appeal Once appeal is admitted and placed for hearing it can be dismissed for default but cannot be
decided on merits in the absence of appellant or his advocate - 2009(1) Haryana Law Reporter 408 S.C.
Appeal - Tenant is entitled to challenge the order of provisional assessment passed by the Rent
Controller by invoking provisions of Section 15 (1) (b) of the Punjab Rent Act on the basis of cogent evidence
regarding payment of rent - 2011(2) Haryana Law Reporter 77 S.C.
Appealable order Execution of decree became final as no objection was filed by judgment debtor
Order amounts to a decree which is appealable u/s 47 of CPC - 2008(1) H.R.R. 403 S.C.
Appellate court High Court should not decide a finding of fact of lower authority like an appellate
court while exercising its power under Article 227 of the Constitution Order set aside - 2013(2) Haryana Law
Reporter 291 S.C.
Applicability - Accommodation required for family of landlords son - Eviction is permissible u/s
Section 13 (3) (a) (i) and not u/s 13 (3) (a) (ii) of Haryana Rent Act 2008(2) H.R.R. 245 S.C.
Applicability - Though provisions of CPC are not applicable to Public Premises Act, but Authorities
should not ignore principles of natural justice 2008(2) H.R.R. 404 S.C.
Appointment Provisions of sections 12 & 5 of the RTI Act, 2005 are constitutionally valid But basic
degree and experience of appointee are necessary condition Also he should not remain on seat of any other
office of protest - 2012(2) Haryana Law Reporter 495 S.C.
Appointment of CI and CIC Only these persons can be appointed at the post of IC or CIC under
RTI Act, who have knowledge and experience of law, science and technology social services and mass media
etc. It is not necessary that he should be a retired judge or Chief Justice of Supreme Court or High Court
2013(2) Haryana Law Reporter 631 S.C.
Appointment of nominee An allottee after making full payment to Coloniser can appoint any
person as his nominee Director has no authority to interfere in the matter of appointment of nominee
Appropriation of compensation - An awardee decree holder would be entitled to appropriate
amount awarded by reference court first towards interest then towards cost and lastly towards the principal
when amount found to be short 2008(2) H.R.R. 5 S.C.
Arbitrary allotment Allotment made in hasty i.e. in 48 hours instead in a year Allotment is
arbitrary 2010(2) Haryana Law Reporter 1 S.C.
Arbitration - Agreement of lease containing a clause that in case of a dispute matter would be referred
to Arbitrator - High Court rightly upheld referred the matter of dispute sent to Arbitrator - Order upheld by
Honble Supreme Court - 2007(2) HRR 442 S.C.
Arrears of rent After decree of ejectment against company suit for winding up of the company is not
proper remedy But a suit for recovery of arrears should be filed 2013(1) Haryana Law Reporter 196 S.C.
Arrears of rent Benefit of Sec - 2008(1) H.R.R. 12 (3) availed by tenant by depositing of balance of
arrears of rent In second petition, this benefit cannot be availed Tenant directed to be evicted - 2008(1)
H.R.R. 392 S.C.
Arrears of rent - Court can take into consideration photocopies of agreement of lease to decide the
disputed amount of arrears of rent - 2007(2) HRR 442 S.C.
Arrears of rent Non-payment of arrears during pendency of proceedings under Article 136 of the
Constitution Provision of Rent Control Act will apply only to the statutory appeals covered under the Act
Tenants defence cannot be struck off 2009(2) Haryana Law Reporter 649 S.C.
Arrears of rent Tenant delayed payment of arrears as case or right of occupancy tenancy was
pending before the Revenue Authorities Eviction u/s 9 (1) (ii) of the Punjab Security Land Tenures Act for
non payment rightly declined 2011(1) Haryana Law Reporter 478 S.C.
Arrears of rent Tenant failed to deposit arrears as directed by the Rent Controller Reason for non
deposit not satisfactory Defence of tenant rightly struck out by the Rent Controller 2009(2) Haryana Law
Reporter 153 S.C.
Assessment of rent Order of assessment of Rent Controller was based on the decision of the civil
court Order of High Court setting aside the order of Rent Controller suffers from error and hence set aside 2013(2) Haryana Law Reporter 299 S.C.
Attachment of property No objection filed by judgment debtor against execution Warrant for
attachment of property by executing court justified - 2008(1) H.R.R. 403 S.C.
Attesting witness - A Sub-registrar signing Will in performance of statutory duty can not be treated as
attesting witness - 2007(2) HRR 182 S.C.
Attorney Holder of power of attorney cannot give evidence on behalf of the plaintiff to prove that
plaintiff was ready and willing to perform the contract as it is in the knowledge of plaintiff only 2011(1)
Attorneys evidence An attorney cannot lead evidence on a point which is related to a personal
knowledge of the plaintiff Plaintiff should appear as witness to prove such facts of the case 2011(1) Haryana
Attorneys evidence - Evidence of attorney to prove bona fide need of landlord is not relevant
Auction Highest bid was rejected by an Executive Officer after deposit of 10% earnest money The
bid was found bringing lower price than the price of the other site Cancellation of bid held to be justified
Authority of landowners agent - Premises let out by agent who continued collecting the rent
Agent cannot file a suit for ejectment unless specifically authorized by owner 2009(2) Haryana Law Reporter
561 S.C.
Award of interest Court is not empowered to award pre-suit interest to the claimant Award of presuit interest depends on the terms of contract or provisions of statutory law 2011(1) Haryana Law Reporter
619 S.C.
Award of lok adalat An award made by Lok Adalat in terms of settlement between the parties has a
binding force which can be executed like a decree of civil court but no appeal lies against such award except a
writ petition - 2008(1) H.R.R. 672 S.C.
Basic facilities Allottees were not provided basic facilities by the Market Committee Committee
directed not to charge penal interest till provisions of facilities After payment of entire price these facilities
must be provided within six months 2011(1) Haryana Law Reporter 38 S.C.
Benami property House in question purchased by son of deceased with contribution by four
daughters House was purchased in the name of son Matter comes under fiduciary relationship Appellant
son cannot claim it as a benami property as his sole ownership - 2012(1) Haryana Law Reporter 545 S.C.
Best interest of minor children - Dispute between husband and wife since last 5 years Minor son
aged 15 and 9 years ordered to remain with father as to separate the children will be harmful for the minors
Grandfather also will help them in their studies - 2012(2) Haryana Law Reporter 18 S.C.
Best Judge It is settled law that landlord is the best judge of his requirement - 2012(1) Haryana Law
Reporter 101 S.C.
Binding force of order - Order of eviction passed against tenant All other persons found in
occupation of the premises are bound by order of Eviction 2009(2) Haryana Law Reporter 545 S.C.
Bona fide need - 100 years old building fetching minor rent - Bona fide requirement for demolitions
and reconstruction is justified - 2007(2) HRR 1 S.C.
Bona fide need - Accommodation required for family of landlords son - Eviction is permissible u/s
Section 13 (3) (a) (i) and not u/s 13 (3) (a) (ii) of Haryana Rent Act 2008(2) H.R.R. 245 S.C.
Bona fide need Before having a decree of eviction passed on ground of bona fide requirement
Landlord is required to satisfy the condition as laid down by Section 27 (2) (r) of Karnataka Rent Act - 2008(1)
H.R.R. 409 S.C.
Bona fide need - Building required to be demolished for widening a passage leading to another building
of landlord - Landlords requirement is bona fide 2007(1) HRR 680 S.C.
Bona fide need Concurrent finding on bona fide need affirmed by High Court Interference with
finding declined - 2009(1) Haryana Law Reporter 403 S.C.
Bona fide need Court below dismissed landlords petition on ground of bonafide requirement as
suitable alternative accommodation on upper floor was available Court cannot dictate landlord to shift his
business from ground floor to upper floor Order set aside 2010(2) Haryana Law Reporter 239 S.C.
Bona fide need - Courts below passed order of ejectment by ignoring material subsequent events
affecting bona fide requirement of landlord Case remanded to the High Court for fresh decision 2010(2)
Bona fide need - Evidence of attorney to prove bona fide need of landlord is not relevant 2011(1)
Bona fide need - Grounds of bona fide need and that of building being unsafe taken in the same
ejectment petition Both the grounds can be legally taken Petition is maintainable 2009(2) Haryana Law
Reporter 18 S.C.
Bona fide need - High Court reversed concurrent finding on question of bona fide requirement with
cogent evidence Order cannot be sustained and hence quashed - 2012(2) Haryana Law Reporter 397 S.C.
Bona fide need - Husband of landlady is doing the business of repair of fire arms - Need of landlady for
the same business by her son in a separate shop is bona fide 2007(1) HRR 593 S.C.
Bona fide need - In a suit for eviction on ground of bona fide requirement, subsequent events should be
taken into consideration by courts - 2007(2) HRR 82 S.C.
Bona fide need Landlady a government employee at Chandigarh wanted premises at Ludhiana to
serve her old ailing mother by commuting from Ludhiana to Chandigarh Need of landlady is bona fide 2009(1) Haryana Law Reporter 572 S.C.
Bona fide need - Landlady living in a house jointly owned by her brother wanted to shift to her own flat
- Her need is bonafide 2007(1) HRR 400 S.C.
Bona fide need Landlady suffering from ailment wanted to avail medical facilities at her demised
premises Need of landlady for accommodation is bona fide - 2008(1) H.R.R. 1 S.C.
Bona fide need - Landlady wanted demised shop for her husband who wanted to start his business after
retirement - Need of landlady in genuine 2008(2) H.R.R. 423 S.C.
Bona fide need Landlord after passing high school examination wanted to start his independent
business instead of joining his father in business Landlords need is bona fide - 2008(1) H.R.R. 6 S.C.
Bona fide need - Landlord after retirement receiving a pension only amounting to Rs. 2000 not
sufficient - Consisting of 4/5 members - Requirement of shop to augment income of family is genuine 2008(2)
H.R.R. 109 S.C.
Bona fide need Landlord cannot be forced to continue his joint business with his brother Need is
bona fide - 2012(2) Haryana Law Reporter 315 S.C.
Bona fide need - Landlord require premises for business of his son - Requirement of Landlord is
bonafide 2008(2) H.R.R. 493 S.C.
Bona fide need - Landlord required demised shops for business of 3 unemployed sons Need of
landlord is bona fide Order of High Court giving partial relief quashed Need held to be bona fide - 2012(1)
Bona fide need - Landlord sold other 10 shops before filing petition of eviction on ground of bona fide Mere sale of other shops cannot diminish landlords requirement 2008(2) H.R.R. 639 S.C.
Bona fide need - Landlord sought tenants eviction on the ground of bona fide necessity Tenant had
another building in the same locality Eviction justified - 2012(2) Haryana Law Reporter 311 S.C.
Bona fide need - Order of Rent Controller ordering tenants eviction based upon cogent evidence
Need rightly held as bona fide Renewal of a reasonable order unjustified - 2012(2) Haryana Law Reporter 223
S.C.
Bona fide need - Permission to seek tenants eviction cannot be denied simply that the notice to quit
given earlier was not on the ground of bona fide requirement - 2009(1) Haryana Law Reporter 458 S.C.
Bona fide need - Petition for tenants eviction on ground of bona fide necessity Prescribed authority
can accept or reject the petition but cannot enhance the rent in these proceedings - 2011(2) Haryana Law
Reporter 556 S.C.
Bona fide need - Residential building cannot be converted into a non residential building without
permission of the Rent Controller Ejectment on ground of bona fide need justified - 2012(2) Haryana Law
Reporter 221 S.C.
Bona fide need Shop required by landlord for business of his son Requirement does not cease to
exist on death of landlord 2010(1) Haryana Law Reporter 249 S.C.
Bona fide need - Landlady residing in the house of her brother at his mercy Requirement of her house
consisting of 3 rooms is bona fide Eviction from entire house not being partial, is justified - 2013(2) Haryana
Bona fide need Shop required for landlords son who wanted to start a business Lack of experience
in business is no ground to dismiss the claim of landlord 2009(2) Haryana Law Reporter 649 S.C.
Bona fide need - Tenant failed to prove that disputed property was joint and evidence on ground of
bona fide necessity was not maintainable Tenant cannot escape its liability of eviction in the absence of a
valid evidence 2010(2) Haryana Law Reporter 659 S.C.
Bona fide need - Tenant having alternative accommodation to suit his requirement - Requirement of
landlady is bona fide - Tenants eviction upheld 2008(2) H.R.R. 271 S.C.
Bona fide purchaser - Main question in the case relates to a bona fide purchaser in a suit for specific
performance - Question of readiness and willingness is not relevant - 2007(2) HRR 622 S.C.
Bona fide purchaser - Power of attorney given to respondent no. 1 to sell, which was revoked some
time after and was given to respondent no. 2 - Sale by respondent no. 1 is not valid - Validity of sale by
respondent no. 2 upheld 2008(2) H.R.R. 661 S.C.
Breach of contract - Court is competent to decree a suit of specific performance under section 20 and
to award compensation for breach of contract u/s. 21 of Act 1963 instead of decreeing the suit 2008(2) H.R.R.
661 S.C.
Cantonment board Land owned by the Cantonment Board is to be managed by the Board u/s 116-A
of the Cantonment Board Act, 1924 Eviction of unauthorized occupant after expiry of lease period justified 2011(2) Haryana Law Reporter 1 S.C.
Caveatable interest - Application for grant of probate of Will cannot be lodged by any caveator unless
he proves his interest in the estate of testator - Caveator cannot question the title of testator 2008(2) H.R.R.
177 S.C.
Cease to occupy Burden to prove case of cease to occupy lies on the landlord If sufficient
evidence is produced by him onus would shift to the tenant 2011(1) Haryana Law Reporter 599 S.C.
Ceased to occupy No electricity consumed by tenant for more than 4 months A case of ceased to
occupy well proved Eviction upheld - 2011(2) Haryana Law Reporter 439 S.C.
Change of user Tenant changed residential building into commercial premises without permission of
Rent Controller u/s 11 of the Act Tenant is liable to eviction and to pay fine u/s 19 of the Act 2009(2)
Charand for common use - Land described as shamlat patti mentioned as charand which is a
common purpose of the villagers at the commencement Act, 1954, land is shamlat deh 2013(1) Haryana Law
Reporter 246 S.C.
Childrens custody Petitioner sought custody of two daughters living voluntarily with respondent
father Petitioner allowed to have free access for a specific period subject to condition of withdrawal of
criminal case pending against husband - 2012(1) Haryana Law Reporter 8 S.C.
Civil/criminal matter A decision given by Civil Court is binding on criminal court and not vice
versa If parallel proceedings are pending, criminal matter should be decided first 2009(2) Haryana Law
Reporter 27 S.C.
Civil/criminal proceedings Standard of proof in civil and criminal proceedings are different In
criminal matter, fact must be proved beyond all reasonable doubts but in civil matter it is decided on the basis of
evidence on record 2009(2) Haryana Law Reporter 255 S.C.
Cognizable offence A criminal case of serious nature requiring investigation of Police is not triable
by Gram Panchayat unless it is transferred by Magistrate u/s. 173 Cr.P.C. or Sec. 45 of Punjab Panchayati Raj
Act, 1994 - 2013(2) Haryana Law Reporter 370 S.C.
Colony license Grant of license despite order of status quo No allotment made Unqualified and
unconditional apology if made bona fide should not be rejected - 2013(2) Haryana Law Reporter 513 S.C.
Companies service quarter Accused refused to vacate service quarter after retirement and
remained in possession for 18 years Accused directed to vacate the same or suffer imprisonment of one year
with fine of Rs. 10,000 2011(1) Haryana Law Reporter 199 S.C.
Company Act, 1985 Exemption u/s 22 of the Act, 1985 is not available to the Tenant Company, if
eviction is permissible under the Rent Act against Sick Industrial Company 2011(1) Haryana Law Reporter
599 S.C.
Companys eviction Tenant company was declared as sick industrial company Landlord is entitled
to seek eviction of company on the grounds given in the Rent Act Section 22 of the Act, 1985 is no bar to the
ejectment 2011(1) Haryana Law Reporter 599 S.C.
Comparative hardship - Question of comparative hardship cannot be determined on basis of
sympathy or sentiments in eviction cases but on basis of legal provision of law 2008(2) H.R.R.109 S.C.
Comparative hardship Tenant had two shops whereas landlord had only demised shop in the
locality Landlord is entitled to tenants eviction on the ground of comparative hardship Need is bona fide 2012(2) Haryana Law Reporter 315 S.C.
Compensation Area acquired in 1979 Compensation awarded at Rs. 1 lacs per acre increased to Rs.
1,45,000/- with interest and solatium etc. and other benefits - 2012(2) Haryana Law Reporter 252 S.C.
Compensation Compensation of land under acquisition if under tenants, its compensation cannot be
Compensation Compensation on the basis of increase in annual benefit in price of acquired land
should be on the similar formula in case of Private Company and original landowner - 2013(2) Haryana Law
Reporter 384 S.C.
Compensation - Court is competent to decree a suit of specific performance under section 20 and to
award compensation for breach of contract u/s. 21 of Act 1963 instead of decreeing the suit 2008(2) H.R.R.
661 S.C.
Compensation - Court is not precluded from taking into consideration of potentiality and utility of land
- Fruit trees on the spot should also be considered to award compensation 2007(1) HRR 425 S.C.
Compensation For determination of compensation of acquired land necessary factors including
location of land, its nature and the potentiality of land etc. should be taken into consideration - 2008(1) H.R.R.
439 S.C.
Compensation - High Court determined rate of land at Rs. 10876/- against offer of Government at Rs.
55000/- per bigha - Rate of Rs. 35000/- per bigha justified - But rate of Tea Bushes reduced from Rs. 75/- to Rs.
37.5/- for each Tea Bush - 2007(2) HRR 154 S.C.
Compensation High Court reduced compensation awarded by Reference Court to 75% without any
justification Order not based on documentary evidence and hence set aside Order of Reference Court based
on cogent evidence restored - 2013(2) Haryana Law Reporter 378 S.C.
Compensation - Tenant claimed compensation for improvement on premises contrary to the
undertaking given by him in this regard Claim for improvement not maintainable 2009(2) Haryana Law
Reporter 563 S.C.
Complaint against violence Complaint against the husband and parents for protection from
violence is maintainable but not against other persons including tenant of the husband 2013(1) Haryana Law
Reporter 567 S.C.
Completion of building - Substantial additions were made in the constructed building - Date of
addition would be taken as completion of building - 2007(2) HRR 533 S.C.
Composite application - A composite application for eviction and claiming compensation as well is
maintainable under Public Premises Act, 1971 2008(2) H.R.R. 404 S.C.
Compromise Order 23 Rule 3 Compromise against public policy has no legal force as it violates
provisions of section 25 of the Contract Act 2013(1) Haryana Law Reporter 457 S.C.
Compromise decree - A compromise decree is compulsorily registerable if it creates or extinguishes
right in property for the first time 2008(2) H.R.R. 297 S.C.
Compromise decree Compromise decree passed by the Revenue Court challenged in civil court
taking the plea of fraud Civil Court is competent to adjudicate upon the matter as revenue court is not well
equipped to go into question of fraud - 2012(1) Haryana Law Reporter 572 S.C.
Concealment of fact Mere concealment of a fact that application for additional evidence was
rejected by court below is not a sufficient ground to dismiss the revision petition by the High Court 2009(2)
Haryana Law Reporter 523 (S.C.)
Concept of adverse possession - Possession should be hostile, denying title of true owner to his
knowledge with continuity of possession - But adverse possession cannot be claimed against a co-owner or
trustees or guardians 2007(1) HRR 112 S.C.
Concurrent finding - Concurrent finding on bona fide need affirmed by High Court Interference
with finding declined - 2009(1) Haryana Law Reporter 403 S.C.
Concurrent finding High Court dismissed petition on ground of subletting and bona fide
requirement without discussing the merit as it was a concurrent finding of fact It was the duty of High Court
to decide the matter on merit Order set aside - 2009(1) Haryana Law Reporter 572 S.C.
Concurrent finding High Court reversed concurrent finding on question of bona fide requirement
with cogent evidence Order cannot be sustained and hence quashed - 2012(2) Haryana Law Reporter 397 S.C.
Concurrent finding - High Court would not interfere with a concurrent finding unless an illegality has
been committed by courts below 2007(1) HRR 688 S.C.
Condonation of delay Appellant lady fell sick and appeal filed with delay of 63 days Delay
condoned in the facts of the case Courts should be liberal in condoning the delay in the peculiar facts of the
case - 2012(2) Haryana Law Reporter 3 S.C.
Condonation of delay - Condonation of delay of 135 days in filing of special leave petition due to
administrative procedure and heavy work in Law Department Reasons being satisfactory Delay condoned
Condonation of delay Death of brother of applicant/appellant and accident of wife was the reason
for restoration of appeal and condonation of delay Application deserves to be allowed 2009(2) Haryana Law
Reporter 504 S.C.
Condonation of delay Delay of 2381 and 2601 days in application for bringing LRs on record
Condonation of huge delay in exercise of power under Article 136 declined by Apex Court 2009(2) Haryana
Condonation of delay Delay of 589 days in filing appeal was due to sufficient reason given in the
appeal Condonation of delay allowed subject to payment of Rs. 10,000 2010(1) Haryana Law Reporter 9
S.C.
Condonation of delay - Delay of 971 days duly explained as order was passed without notice - Delay
rightly condoned 2007(1) HRR 614 S.C.
Condonation of delay No straight jacket formula can be laid down for condonation of delay Each
case depends on its own facts for this purpose - 2011(2) Haryana Law Reporter 565 S.C.
Condonation of delay - Sufficient cause for delay of 769 days in filing appeal well established - Delay
condoned on payment of cost of Rs. 10,000/- 2008(2) H.R.R. 380 S.C.
Condonation of delay Where file has to be routed through different departments of State,
condonation of delay of 97 days in filing appeal held to be justified 2009(2) Haryana Law Reporter 681 S.C.
Conduct Conduct of party to prove readiness to perform a contract, prior and subsequent to suit is
relevant factor 2011(1) Haryana Law Reporter 81 S.C.
Conflicting views - Conflicting views given in two judgements of Honble Supreme Court regarding
registration of a document Matter referred to larger Bench for proper adjudication - 2009(1) Haryana Law
Reporter 669 S.C.
Consent - Mere grant of maintenance does not prove that wife has consented to dissolution of marriage
which can be ordered only in accordance with the provisions of Sec. 13 of the Act - 2010(2) Haryana Law
Reporter 438 S.C.
Consent decree - Consent decree regarding immovable property valued more than Rs. 100/- requires
registration in respect of portion of property which is not subject matter of the suit 2008(2) H.R.R. 297 S.C.
Consent decree - Decree based upon fraud which is evidently proved from material on record Decree
is nothing but a nullity 2010(1) Haryana Law Reporter 516 S.C.
Consent decree - It is settled law that a family settlement of property does not require compulsory
registration Consent decree based upon such settlement is not invalid - 2012(2) Haryana Law Reporter 314
S.C.
Constitutional mandate - A person elected member of Municipal Council from reserved category of
BC/SC is not debarred from contesting election of President which is to be filled from general category It is
not against constitutional mandate - 2009(1) Haryana Law Reporter 620 S.C.
Constitutional powers Any order which is violative of Constitutional powers, cannot be sustained 2012(1) Haryana Law Reporter 387 S.C.
Constitutional validity Constructed houses of old house-owners cannot be acquired for
establishment of Industrial Commercial and residential sectors to make allotment to other persons Acquisition
is in violation of provisions of the Constitution - 2013(2) Haryana Law Reporter 400 S.C.
Constitutional validity - Distinction between companies on ground of quantum of paid up share
capital for claiming exemption from Rent Act - Constitutionality of Act upheld - 2007(2) HRR 518 S.C.
Constitutional validity of an enactment - A Statute which was declared valid may be held to be
invalid with passage of time 2008(2) H.R.R. 109 S.C.
Constructed area Constructed houses of old house-owners cannot be acquired for establishment of
Industrial Commercial and residential sectors to make allotment to other persons Acquisition is in violation of
provisions of the Constitution - 2013(2) Haryana Law Reporter 400 S.C.
Construction of building - Completion of construction of a building is a mixed question of law and
fact - 2007(2) HRR 533 S.C.
Contempt Tenant allowed time of 6 months by court to vacate the premises Non compliance of order
amounts to contempt of court Order directed to be executed with the help of police force 2011(1) Haryana
Law Reporter 1 S.C.
Contempt of courts Appellant tendered unconditional apology regarding grant of license to
colonizer despite order of status quo Apology should not be rejected on the ground that it is qualified as long
as it is made bona fide - 2013(2) Haryana Law Reporter 513 S.C.
Continuing cause of action - Right to apply for letters of administration is a continuing right - It can
be exercised at any time after death of deceased and not barred by limitation of three years under Art. 137 of
Limitation Act 2008(2) H.R.R. 154 S.C.
Conversion of building - Residential building cannot be converted into a non residential building
without permission of the Rent Controller Ejectment on ground of bona fide need justified - 2012(2) Haryana
Cooperative society employees - High Court directed appellant not to recover the amount illegally
paid to the respondent employees against rules Order set aside The recovery be made in easy installments
Co-owner A co-owner cannot be granted occupancy tenants right on shamlat land due to long
possession nor his possession more than 12 years as protected u/s 4 (3) (ii) of the Act, 1961 - 2012(2) Haryana
Co-owner's possession - A co-owner cannot claim adverse possession against other co-owner unless
hostile title is established by proper evidence 2007(1) HRR112 S.C.
Copy of instrument - Collector cannot impound copy of instrument which is not adequately the
stamped under Section 48-B of the Stamp Act - 2007(2) HRR 669 S.C.
Costs Huge costs by civil court cannot be imposed u/s 35 or 35 of CPC But it is open to High Court
to impose deterrent costs on parties not coming to court with clean hands 2009(2) Haryana Law Reporter 570
S.C.
Costs Respondent was put to unnecessary harassment for delaying the proceedings Delay condoned
subject to payment of Rs. 50,000/- as costs - 2011(2) Haryana Law Reporter 565 S.C.
Court fee - Damages cannot be granted without payment of court fee - 2007(2) HRR 543 S.C.
Court fees When sale deed is challenged by the non-executant plaintiff not in possession of suit land
Court fee by plaintiff would be payable as ad valorem fee u/s 6, 7 (iv) (c) of the Act - 2010(2) Haryana Law
Reporter 209 S.C.
Court fees - Where first suit is not filed with sufficient court fees Second suit with sufficient court fees
can be filed without withdrawing first suit - 2008(1) H.R.R. 621 S.C.
Courts discretion Court has discretionary powers to order payment of damages or order of specific
performance of contract even if there is no provision in the agreement 2011(1) Haryana Law Reporter 81 S.C.
Courts power Legislature has independent power of making rules under the RTI Act Court cannot
give directions to frame rules within a prescribed time or in a particular manner But if any Rule is contrary to
provisions of Statute court can strike down such provisions 2013(2) Haryana Law Reporter 631 S.C.
Cow slaughter If offence of cow slaughter is proved, ownership of place where crime is committed is
not relevant - Punishment of one year imprisonment upheld - 2012(1) Haryana Law Reporter 414 S.C.
Creation of caveatable interest - No hard and fast rule can be laid down about creating caveatable
interest which depends upon the fact of a particular case 2008(2) H.R.R. 177 S.C.
Criminal proceedings If a person gives false evidence before Rent Controller, he cannot make a
complaint under section 340 of Cr. PC because the Rent Controller is not a Court - 2012(1) Haryana Law
Reporter 1 S.C.
Criminal proceedings - There is no violation of Stamp Act or Rules by purchasing insurance stamps
outside of a State (UP in present case) Criminal proceedings quashed 2009(2) Haryana Law Reporter 3 S.C.
Cruelty A wife can prosecute her husband living with another woman but that woman cannot be
prosecuted Neither a girlfriend or a concubine can be prosecuted as they are not relative of her husband u/s
498A of the IPC - 2010(2) Haryana Law Reporter 290 S.C.
Cruelty - Mere trivial irritation or quarrel in day to day life of the family - Any allegation not covered
under grounds of divorce u/s. 13 of the Hindu Marriage Act cannot be entertained for seeking a divorce
Cruelty Physical violence is not necessary to prove cruelty between husband and wife Ill-treatment
and difference between the two can lead to an inference of cruelty 2010(1) Haryana Law Reporter 535 S.C.
Cryptic order - Husband and wife dispute - A cryptic order and non speaking order is not an
order in the eyes of law 2013(1) Haryana Law Reporter 244 S.C.
Damages - Damages cannot be granted without payment of court fee - 2007(2) HRR 543 S.C.
Danger to life of members - Information qua names and address of members of the Interview Board
cannot be formulated as it may endanger the life of the members of the Board 2013(1) Haryana Law Reporter
129 S.C.
Debtor/creditor - Provisions of sections 59 to 61 of Contract Act are attracted only when more than
one debt is due from a debtor to the creditor but not applicable in a single debt 2008(2) H.R.R. 5 S.C.
Declaration of law An order without giving reasons does not constitute a declaration of law - 2010(2)
Declaratory suit When sale deed is challenged by the non-executant plaintiff not in possession of suit
land Court fee by plaintiff would be payable as ad valorem fee u/s 6, 7 (iv) (c) of the Act - 2010(2) Haryana
Deemed vacancy - Premises found locked when inspected - No inquiry made from neighbour Declaration of premises as deemed vacancy is illegal -Subsequent allotment is also not valid 2008(2) H.R.R.
160 S.C.
Default by tenant Tenant committed second default in payment of rent He cannot escape his
liability of eviction under Sec. 14 read with Sec. 27 of Delhi Rent Control Act 2009(2) Haryana Law Reporter
109 S.C.
Delay - Mala fide notification for acquisition can be quashed even at a belated stage 2007(1) HRR 430
S.C.
Delay No objection was raised with regard to delay seeking reference u/s 18 of Land Acquisition Act
before court below Objection raised first time in special leave petition stands rejected 2009(2) Haryana Law
Reporter 87 S.C.
Delay and laches Appellant filed writ petition immediately after issuing of an award They cannot
be non-suited on ground of delay and laches - 2012(1) Haryana Law Reporter 250 S.C.
Delay in re-filing of suit - Suit for recovery of rent re-filed with a gap of 5 years delay Award of
12% interest for delayed period of 5 years quashed because delay was due to lack of diligence of the landlady
herself 2011(1) Haryana Law Reporter 126 S.C.
Delayed demand notice Demand for enhanced amount @ 5% instead of 2.5% raised after 2 years
and 6 months of surrender of site Demand held to be arbitrary and illegal hence quashed 2010(1) Haryana
Delegation of powers Objections raised under section 5A (1) were mechanically rejected and
landowners were deprived of their land in the name of the development of Technologies Park Powers were
delegated in violation of law Notification of acquisition set aside - 2013(2) Haryana Law Reporter 68 S.C.
Delivery of possession - Once settlement of claim about suit property has been finally settled before
Court Further demand of partition under Punjab Land Act is uncalled for - Delivery of possession of suit land
ordered - 2012(2) Haryana Law Reporter 220 S.C.
Demolition Construction raised after getting plan duly sanctioned was demolished by Municipal
Corporation without prior notice on grandson of deceased owner Corporation directed to restore construction
with payment of costs - 2009(1) Haryana Law Reporter 1 S.C.
Demolition of building - Building required to be demolished for widening a passage leading to
another building of landlord - Landlords requirement is bona fide 2007(1) HRR 680 S.C.
Deposit for development works Appellant colonizer gave land free of cost for construction of
school and hospital to Government Demand for construction cost in the name of Development charges is
unjustified - 2009(1) Haryana Law Reporter 420 S.C.
Directors authority Director can issue directions and can inspect the site of colonizer to judge the
implementation of conditions of licence regarding execution of layout But cannot review terms of agreement
entered between colonizer and allottees - 2010(2) Haryana Law Reporter 575 S.C.
Directors jurisdiction - An allottee after making full payment to Coloniser can appoint any person as
his nominee Director has no authority to interfere in the matter of appointment of nominee - 2010(2) Haryana
Directors power to review - Director can issue directions and can inspect the site of colonizer to
judge the implementation of conditions of licence regarding execution of layout But cannot review terms of
agreement entered between colonizer and allottees - 2010(2) Haryana Law Reporter 575 S.C.
Disclosure of information Information qua names and address of members of the Interview Board
cannot be formulated as it may endanger the life of the members of the Board 2013(1) Haryana Law Reporter
129 S.C.
Discretion of court - Court below dismissed landlords petition on ground of bonafide requirement as
suitable alternative accommodation on upper floor was available Court cannot dictate landlord to shift his
business from ground floor to upper floor Order set aside - 2010(2) Haryana Law Reporter 239 S.C.
Discretionary power - Court is empowered u/s 28 of Special Relief Act to annul the decree but this
power is discretionary - 2007(2) HRR 325 S.C.
Discretionary power Superior court should not interfere in order of Condonation of delay based
upon exercise of discretionary power of court below 2009(2) Haryana Law Reporter 188 S.C.
Discretionary powers of court Application for amendment can be allowed inspite of delay and
laches under the discretionary powers of court in the facts of the particular case 2009(2) Haryana Law
Reporter 576 S.C.
Discrimination - Land left out of acquisition due to sanctioned construction before issuance of
notification cannot be said as based upon pick and choose method - 2007(2) HRR 281 S.C.
Discrimination No discrimination in determination of compensation to Private Companies and
original landowners should be made by Acquisition Authorities - 2013(2) Haryana Law Reporter 384 S.C.
Discriminatory order - Petition for release of land was dismissed on the ground that objections under
section 5A were not filed But petitions of other persons on similar facts were admitted Impugned order
being discriminatory is liable to be set aside 2013(1) Haryana Law Reporter 514 S.C.
Dishonour of cheque Acquittal of accused u/s 138 of Negotiable Instruments Act does not affect the
civil suit for recovery of amount of cheque 2009(2) Haryana Law Reporter 255 S.C.
Dismissal in default - Once appeal is admitted and placed for hearing it can be dismissed for default
but cannot be decided on merits in the absence of appellant or his advocate - 2009(1) Haryana Law Reporter
408 S.C.
Dismissal in default - When a litigant is not being represented the court should not decide the matter
on merit but it may be dismissed in default 2007(1) HRR 199 S.C.
Dispossession by armed force Tenant given three months time to vacate the premises In case he
did not vacate, police force should be used for dispossession within 48 hours from the date of requisition 2009(1) Haryana Law Reporter 159 S.C.
Disputed finger prints - Court can identify disputed finger prints itself when thumb impression is
clear without calling a finger expert but not when thumb impression is vague - 2008(1) H.R.R. 602 S.C.
Dissolution of Hindu marriage Divorce or dissolution of marriage cannot be granted by any
decision of a Panchayat as it would be in violation of provisions of the Hindu Marriage Act - 2010(2) Haryana
Dissolution of marriage Husband and wife living separately since long agreed to dissolve marriage
by mutual consent Dissolution of marriage allowed 2010(1) Haryana Law Reporter 528 S.C.
Dissolution of marriage Mere grant of maintenance does not prove that wife has consented to
dissolution of marriage which can be ordered only in accordance with the provisions of Sec. 13 of the Act 2010(2) Haryana Law Reporter 438 S.C.
Divorce Divorce or dissolution of marriage cannot be granted by any decision of a Panchayat as it
would be in violation of provisions of the Hindu Marriage Act - 2010(2) Haryana Law Reporter 436 S.C.
Divorce Husband sought divorce on ground of cruelty by wife but failed to prove fact of cruelty
Decree of judicial separation was granted Order of Lower Appellate Court to grant decree of divorce on
appeal of wife is not sustainable 2010(1) Haryana Law Reporter 535 S.C.
Divorce - If parties are not in a position to live together and want divorce by mutual consent Period
spent in pending proceedings may be counted towards cooling period of six months Divorce by mutual
consent allowed under Article 142 of the Constitution - 2012(2) Haryana Law Reporter 617 S.C.
DNA test No pleading regarding paternity of child Directions to perform DNA test unjustified
Doctrine of lis pendens - Principle of lis pendens is based upon equity justice and good conscience
2007(1) HRR 434 S.C.
Domestic violence Violence started prior to commencement of Domestic Violence Act, 2005 but
continue till start of proceedings Provisions of the Act would apply to proceedings on ground of continuity of
offence Wife granted necessary relief - 2012(1) Haryana Law Reporter 163 S.C.
Drastic step - Allottee developed his plot by spending huge amount Allotment even if made in
arbitrary way, no drastic step should be taken against allottee - 2010(2) Haryana Law Reporter 1 S.C.
Draw of lots Mere draw of lots or letter of allotment does not confer any right to allotment especially
when acceptance has not been conveyed - 2010(2) Haryana Law Reporter 440 S.C.
Effect of judgment - A judgment rendered in a probate proceeding is a judgment in rem and does not
determine the question of title 2008(2) H.R.R. 177 S.C.
Ejectment Courts below passed order of ejectment by ignoring material subsequent events affecting
bona fide requirement of landlord Case remanded to the High Court for fresh decision - 2010(2) Haryana Law
Reporter 206 S.C.
Ejectment Grounds of bona fide need and that of building being unsafe taken in the same ejectment
petition Both the grounds can be legally taken Petition is maintainable 2009(2) Haryana Law Reporter 18
S.C.
Ejectment Order of eviction passed against tenant All other persons found in occupation of the
premises are bound by order of eviction 2009(2) Haryana Law Reporter 545 S.C.
Ejectment Tenant delayed payment of arrears as case of right of occupancy tenancy was pending
before the Revenue Authorities Eviction u/s 9 (1) (ii) of the Punjab Security Land Tenures Act for non
payment rightly declined 2011(1) Haryana Law Reporter 478 S.C.
Ejectment decree - Ejectment decree obtained against mother when her children were minor - Decree
cannot be challenged by sons after becoming major unless collusion between mother and landlord is established
- 2007(2) HRR 404 S.C.
Ejectment order - Rent Controller passed order of ejectment by ignoring application of LRs for
bringing them on record - Order quashed 2007(1) HRR 648 S.C.
Elaboration of confusion Defendant is entitled to elaborate and clarify earlier inadvertence and
confusion made in written statement by way of amendment by explaining an admission made by him 2009(2)
Electoral roll Electoral roll does not prove the status of an occupant whether he is tenant or licensee
of the premises - 2012(1) Haryana Law Reporter 242 S.C.
Eligibility - Allotment of housing plot challenged as respondent was allotted another plot as member of
Army Housing Society - Eligibility of respondent not affected by allotment as a member of the society
2007(1) HRR 477 S.C.
Eligibility for appointment - Provisions of sections 12 & 5 of the RTI Act, 2005 are constitutionally
valid But basic degree and experience of appointee are necessary condition Also he should not remain on
seat of any other office of protest - 2012(2) Haryana Law Reporter 495 S.C.
Emergency acquisition After rehabilitation of 85 families remained to be rehabilitated as their
dislocation was caused by flood in river Acquisition for rehabilitation u/s 17 of the Act would be a proper step
- 2009(1) Haryana Law Reporter 630 S.C.
Encroachment - Respondent as a member of general public was using the street under encroachment of
appellant His suit cannot be dismissed for non compliance of proviso of Order 1 Rule 8 of CPC - 2012(1)
Enhanced compensation - Direction to deposit 50% of enhanced compensation with interest etc. Order modified in appeal with direction to claimant to withdraw 25% of enhanced amount without security 2007(2) HRR 307 S.C.
Enhanced penalty Demand for enhanced amount @ 5% instead of 2.5% raised after 2 years and 6
months of surrender of site Demand held to be arbitrary and illegal hence quashed 2010(1) Haryana Law
Reporter 513 S.C.
Enhanced price Allottee cannot refuse to pay enhanced price with the plea that it has not been
charged from other allottees in the similar situation - 2010(2) Haryana Law Reporter 1 S.C.
Enhanced rent - Landlord reconstructed building but without toilet facilities contrary to term of
agreement Tenant not bound to pay higher rent as agreed - 2009(1) Haryana Law Reporter 415 S.C.
Enhancement of rent - Rent raised from Rs. 150/- to Rs. 6800/- through interim order by High Court Order set aside 2008(2) H.R.R. 261 S.C.
Enhancemet of rent - Petition for tenants eviction on ground of bona fide necessity Prescribed
authority can accept or reject the petition but cannot enhance the rent in these proceedings - 2011(2) Haryana
Equitable considerations - Damages cannot be granted on equitable consideration - 2007(2) HRR
543 S.C.
Equity - A person claiming adverse possession had no equity in his favour because he tries to defeat the
right of true owner - 2007(2) HRR 569 S.C.
Equity Equity cannot be made a ground for condonation of delay where a party makes a false statement
in this regard 2009(2) Haryana Law Reporter 188 S.C.
Erring officials Unauthorised demolition of building constructed on sanctioned plan Erring officials
held liable to pay the cost for illegal demolition - 2009(1) Haryana Law Reporter 1 S.C.
Erroneous judgement High Court gave erroneous finding overlooking evidence Finding quashed 2009(1) Haryana Law Reporter 185 S.C.
Erroneous order Order of assessment of Rent Controller was based on the decision of the civil court
Order of High Court setting aside the order of Rent Controller suffers from error and hence set aside - 2013(2)
Estoppel Tenant is stopped from raising question of title against landlord in rent proceedings - 2012(2)
Estoppel/waiver Demanded amount deposited with apprehension of cancellation of license for colony
if money is not paid Deposit made with protest Rule of estoppel/waiver not applicable - 2009(1) Haryana
Eviction Appellant occupied land of village pond which is governed by the Gram Panchayat No
approval of panchayat obtained Eviction of appellant is justified as it is unauthorized possession in violation
of the Punjab Village Common Lands Act 2011(1) Haryana Law Reporter 212 S.C.
Eviction - Ejectment of a preexisting tenant cannot be sought by a purchaser of property or his
descendant u/s 14 (d) of Delhi Rent Control Act - 2010(2) Haryana Law Reporter 607 S.C.
Eviction Eviction suit other than on bona fide requirement Relationship of landlord and tenant
admitted by tenant It would not be open for the tenant to deny the title of the landlord if he already admitted in
written statement 2010(1) Haryana Law Reporter 1 S.C.
Eviction - Land owned by the Cantonment Board is to be managed by the Board u/s 116-A of the
Cantonment Board Act, 1924 Eviction of unauthorized occupant after expiry of lease period justified 2011(2) Haryana Law Reporter 1 S.C.
Eviction - Landlord sought tenants eviction on the ground of bona fide necessity Tenant had another
building in the same locality Eviction justified - 2012(2) Haryana Law Reporter 311 S.C.
Eviction - Original owner of house gave house to petitioner out of love and affection Descendents of
landowners are entitled to seek eviction after death of landowner - 2010(2) Haryana Law Reporter 563 S.C.
Eviction Tenant changed residential building into commercial premises without permission of Rent
Controller u/s 11 of the Act Tenant is liable to eviction and to pay fine u/s 19 of the Act 2009(2) Haryana
Eviction - Tenant company suffered loss in business and ceased to occupy premises without sufficient
reason Keeping of some articles in premises cannot help the interest Subsequent improvement in business of
company does not affect the order of ejectment 2011(1) Haryana Law Reporter 599 S.C.
Eviction Tenant had two shops whereas landlord had only demised shop in the locality Landlord is
entitled to tenants eviction on the ground of comparative hardship Need is bona fide - 2012(2) Haryana Law
Reporter 315 S.C.
Eviction Tenant paying rent of Rs. 175/- for decades Eviction ordered but allowed to remain in
possession subject to pay Rs. 25,000/- p.m. as per market rate of adjacent building - 2012(2) Haryana Law
Reporter 409 S.C.
Eviction Tenant raised no objection regarding issuance of six months notice at the earlier stage He
cannot be allowed to raise the objection first time in the High Court 2009(2) Haryana Law Reporter 595 S.C.
Eviction from Trust property - Plaintiff filed suit for eviction from Trust property without proving
that he was agent of Trust Suit for eviction not maintainable 2010(1) Haryana Law Reporter 376 S.C.
Eviction from wakf property - Eviction of tenant occupying wakf property can be ordered only by
Civil Court and not by Wakf Tribunal - 2010(2) Haryana Law Reporter 446 S.C.
Eviction of different tenancies - Different tenants occupying various portions of demised premises
It is not correct to say that if eviction from one portion has been obtained, ejectment from other portion is
against law because building comprising different tenancies is one unit - 2010(2) Haryana Law Reporter 530
S.C.
Eviction of tenant - Tenant committed second default in payment of rent He cannot escape his
liability of eviction under Sec. 14 read with Sec. 27 of Delhi Rent Control Act 2009(2) Haryana Law Reporter
109 S.C.
Eviction of tenant - Tenants eviction ordered with mesne profits and damages - Order being based on
sound reasons upheld by Apex Court 2008(2) H.R.R. 308 S.C.
Eviction petition Tenant failed to prove that disputed property was joint and evidence on ground of
bona fide necessity was not maintainable Tenant cannot escape its liability of eviction in the absence of a
valid evidence - 2010(2) Haryana Law Reporter 659 S.C.
Eviction suit Plaintiff filed suit for eviction from Trust property without proving that he was agent of
Trust Suit for eviction not maintainable 2010(1) Haryana Law Reporter 376 S.C.
Evidence - Admission made by a karta of joint family is a relevant factor to prove a question of fact 2008(1) H.R.R. 476 S.C.
Evidence Court can identify disputed finger prints itself when thumb impression is clear without
calling a finger expert but not when thumb impression is vague - 2008(1) H.R.R. 602 S.C.
Evidence - Court can take into consideration photocopies of agreement of lease to decide the disputed
amount of arrears of rent - 2007(2) HRR 442 S.C.
Evidence Presumption of receipt or non receipt of letter can be drawn by the Court according to
circumstances of the case - 2010(2) Haryana Law Reporter 440 S.C.
Evidence Sale transaction of small pieces of land necessary to assess the market value of land cannot
be ignored - 2013(2) Haryana Law Reporter 378 S.C.
Evidence When a disposition of property is reduced into writing, no oral evidence is admissible against
the nature of transaction - 2009(1) Haryana Law Reporter 672 S.C.
Evidence Will executed in suspicious circumstances by feeble minded testator Validity not proved as
per section 63 of the Succession Act Validity of Will not established - 2010(2) Haryana Law Reporter 181
S.C.
Ex parte decree Merely that defendant did not file his written statement, court should not have passed
an ex parte order without going into the pleading and use of issue of limitation Case remanded for fresh
decision - 2013(2) Haryana Law Reporter 46 S.C.
Ex parte decree - Non-appearance of defendant due to wrong noting of date by his counsel - Ex-parte
decree set aside subject to heavy cost of Rs. 20,000/- 2007(1) HRR 437 S.C.
Ex parte order - Application for rehearing of appeal on the ground that no notice was served before
passing ex parte order in appeal - Service of notice well established from material on record - Application for
rehearing dismissed 2007(1) HRR 53 S.C.
Ex parte order - Defendant instructed his counsel to appear in the court who failed to appear - Ex parte
order on application filed before pronouncement of ex parte judgment set aside - 2007(2) HRR 328 S.C.
Ex parte order - It is for the respondent to prove as to when he came to know about passing of ex parte
decree especially when his application for setting aside the decree is filed after 30 days - 2007(2) HRR 682 S.C.
Exception Attorney cannot give evidence on the facts which are only in the personal knowledge of the
Principal But this sale is subject to certain exceptions as is case of husband/wife Son/daughter and
old/infirm parents etc. 2011(1) Haryana Law Reporter 461 S.C.
Excess payment recovery - High Court directed appellant not to recover the amount illegally paid to
the respondent employees against rules Order set aside The recovery be made in easy installments 2010(1)
Execution - No interest was allowed in decree Executing court cannot award any interest - 2008(1)
H.R.R. 501 S.C.
Execution No objection raised by judgment debtor against execution of decree Objection after
attachment of property not maintainable - 2008(1) H.R.R. 403 S.C.
Execution Order of eviction passed against tenant with concurrent finding Observations made by the
High Court that order would be executed against sanctioned plan of new building is unjustified - 2013(2)
Execution of decree - Court is empowered u/s 28 of Special Relief Act to annul the decree but this
power is discretionary - 2007(2) HRR 325 S.C.
Execution of decree It is settled law that executing court cannot go behind the decree - 2008(1)
H.R.R. 419 S.C.
Execution of decree - Where the property of judgement-debtor his outside the jurisdiction of executing
court, the decree should be transferred to the court where the property is situated 2007(1) HRR 684 S.C.
Execution of decree - Where time of six months has been stipulated for execution of decree, Executing
Court committed no error by entertaining the application before expiry of six months - 2012(2) Haryana Law
Reporter 268 S.C.
Execution of order by police force - Tenant allowed time of 6 months by court to vacate the
premises Non compliance of order amounts to contempt of court Order directed to be executed with the help
of police force 2011(1) Haryana Law Reporter 1 S.C.
Execution of Will - Where inconsistency is found in two parts of a Will, the last part will prevail over
the first part 2008(2) H.R.R. 317 S.C.
Execution of Will - Will cannot take effect during life time of testator - No person can claim any right
to act as an executor until death of testator 2008(2) H.R.R. 177 S.C.
Exemption - Distinction between companies on ground of quantum of paid up share capital for claiming
exemption from Rent Act - Constitutionality of Act upheld - 2007(2) HRR 518 S.C.
Exemption Exemption of land under acquisition for Punjab Act, 1995 does not invalidate acquisition
proceedings - 2010(2) Haryana Law Reporter 620 S.C.
Exemption - Finding given by trial court that renewal of building was got covered under a newly
constructed building and exempted from Rent Act for 15 years - Finding being a finding of fact not open to
challenge in SLP 2008(2) H.R.R. 401 S.C.
Exemption - Plaintiffs request seeking exemption from bringing LRs of deceased defendant on record
allowed Decree would be valid only if exemption is claimed before pronouncement of judgement 2009(2)
Expiry of lease Period of lease of appellant had expired and tenancy was not got renewed Lesser
rightly terminated tenancy after serving a notice under T.P. Act Relief declined to the appellant - 2013(2)
Extension fee Coloniser demanding extension fee from allottees as per conditions of agreement with
them Director Town and Country Planning Haryana has no authority to issue any directions to colonizer in
this regard - 2010(2) Haryana Law Reporter 575 S.C.
Extension of time - In case of Member of Legislature matter should be referred to the Speaker who
should take strict action against the defaulter In case of Judges time not exceeding one month may be given
and one month time may be extended only in exceptional cases - 2013(2) Haryana Law Reporter 247 S.C.
Facts in the personal knowledge - Attorney cannot give evidence on the facts which are only in the
personal knowledge of the Principal But this sale is subject to certain exceptions as is case of husband/wife
Son/daughter and old/infirm parents etc. 2011(1) Haryana Law Reporter 461 S.C.
Factual/legal issue - Relief cannot be grated unless it is a founded on pleadings A new plea cannot be
allowed to be raised on factual controversy but raising of legal issue can be allowed to be raised by the court 2011(2) Haryana Law Reporter 477 S.C.
Fair rent - Rent Controller determined market value of demised premises on the basis of market value of
adjacent land- Order of Rent Controller is valid Even pendency of appeal against the order is of no
consequence - 2012(2) Haryana Law Reporter 384 S.C.
Family settlement Civil Court decree based upon family settlement to avoid future dispute
Concurrent findings reserved by the High Court Impugned Order set aside as settlement does not amount to
transfer of property - 2012(1) Haryana Law Reporter 117 S.C.
Family settlement - In absence of lawful right over property a person cannot take the plea of family
settlement especially when he is holding the same as a Manager thereof - 2007(2) HRR 636 S.C.
Family settlement - Sisters transferring their right in joint property for a consideration of Rs. 1 only
due to love and affection - Transaction is legally valid 2008(2) H.R.R. 360 S.C.
Feeble minded testator - Will executed in suspicious circumstances by feeble minded testator
Validity not proved as per section 63 of the Succession Act Validity of Will not established - 2010(2) Haryana
Final settlement Once settlement of claim about suit property has been finally settled before Court
Further demand of partition under Punjab Land Act is uncalled for - Delivery of possession of suit land ordered
Finality of order Objection raised on the point of subletting during execution of decree which had
become final Objections cannot be raised against a decree which had become final - 2010(2) Haryana Law
Reporter 533 S.C.
Finality of order - Order of Settlement Commissioner holding plaintiff a deemed permanent lessee
became final - Contradictory finding based upon revenue entries against a final order after long period cannot
be sustained - 2007(2) HRR 332 S.C.
Financial capacity - Question of financial capacity of landlord for reconstruction is not relevant as
finance are easily available these days - 2007(2) HRR 1 S.C.
Finding based on facts Issue of succession and Will rightly decided by the High Court as per
evidence on record Interference in Civil Appeal being question of fact is not warranted Appeal dismissed
Finding of fact - Finding can be disturbed in revision only if it is perverse or in violation of law
2008(2) H.R.R. 423 S.C.
Finding of fact - Finding given by trial court that renewal of building was got covered under a newly
constructed building and exempted from Rent Act for 15 years - Finding being a finding of fact not open to
challenge in SLP 2008(2) H.R.R. 401 S.C.
Finding of fact - High Court in its revisional jurisdiction should not interfere in finding of fact unless it
is perverse or arbitrary 2008(2) H.R.R. 493 S.C.
Floor Area Ratio - Increase in floor area ratio permitted by new bye-laws excluding cases of plots sold
in open auction - Increase in floor area ratio rightly declined 2007(1) HRR 472 S.C.
Forensic Laboratory report Application for calling report of Forensic Laboratory in a civil case
was rejected by trial court Application cannot be rejected on technical grounds Order set aside 2009(2)
Framing of issues Trial Court refused to frame issue as to fraud involving transfer of property as
petitioner could not prove his capacity as occupant of suit property Refusal to frame an issue on this point by
Trial Court justified 2011(1) Haryana Law Reporter 573 S.C.
Fraud Compromise decree passed by the Revenue Court challenged in civil court taking the plea of
fraud Civil Court is competent to adjudicate upon the matter as revenue court is not well equipped to go into
question of fraud - 2012(1) Haryana Law Reporter 572 S.C.
Fraud - High Court can review its order u/s 82 Cr.PC when order is based upon fraud - 2008(1) H.R.R.
504 S.C.
Fraud - Suit filed after 5 years but within limitation from the date when fraud came to the notice Suit
not barred by period of limitation 2010(1) Haryana Law Reporter 516 S.C.
Fraud and misrepresentation - To constitute a fraud and misrepresentation, complete particulars of
fraud must be stated in the pleadings - A transaction can be treated as a nullity where factum of fraud is duly
proved 2008(2) H.R.R. 360 S.C.
Fraudulent decree Decree based upon fraud which is evidently proved from material on record
Decree is nothing but a nullity 2010(1) Haryana Law Reporter 516 S.C.
Government It is a body of person authorized to administer affairs of State It is not a profit or loss
establishment - 2011(2) Haryana Law Reporter 477 S.C.
Government Company A Government company is distinct from Government or Government
Department Government company can be sued It cannot claim protection of Rent Act - 2011(2) Haryana
Gramin Dak Sewak A Gramin Dak Sewak cannot contest election of member of Nagar Panchayat in
Punjab - 2009(1) Haryana Law Reporter 216 S.C.
Ground of dismissal of revision Mere concealment of a fact that application for additional
evidence was rejected by court below is not a sufficient ground to dismiss the revision petition by the High
Court 2009(2) Haryana Law Reporter 523 S.C.
Ground of ejectment - Once a ground of ejectment of subletting has accrued, subsequent vacation by
sub tenant cannot deprive landlord of his right of eviction - 2007(2) HRR 518 S.C.
Grounds of ejectment - Grounds of bona fide need and that of building being unsafe taken in the same
ejectment petition Both the grounds can be legally taken Petition is maintainable 2009(2) Haryana Law
Reporter 18 S.C.
Guidelines - Guidelines issued under a Statute cannot override the provisions of the Statute 2008(2)
H.R.R. 404 S.C.
H.U.D.A. plot - Two applications were filed for allotment of site for Hospital One was allowed
whereon hospital building was constructed HUDA is directed to consider application of appellant without
interfering in other allotment as two applications were for different sectors - 2012(1) Haryana Law Reporter 380
S.C.
Harassment - Respondent was put to unnecessary harassment for delaying the proceedings Delay
condoned subject to payment of Rs. 50,000/- as costs - 2011(2) Haryana Law Reporter 565 S.C.
Hardship of tenant Hardship of tenant cannot be made the basis of denial of relief to landlord in case
of bona fide need - 2012(1) Haryana Law Reporter 101 S.C.
Highest bid Highest bid of causing loss to public property can be cancelled even after deposit of 10%
money of bid 2011(1) Haryana Law Reporter 21 S.C.
Hindu Law - Civil Court decree based upon family settlement to avoid future dispute Concurrent
findings reserved by the High Court Impugned Order set aside as settlement does not amount to transfer of
property - 2012(1) Haryana Law Reporter 117 S.C.
Husband and wife dispute - Non speaking order A cryptic order and non speaking order is not an
order in the eyes of law 2013(1) Haryana Law Reporter 244 S.C.
Illegal allotment - Allotment authorities made allotment without any fresh advertisement
Advertisement already available on the record was totally ignored to benefit a well known cricket player
Allotment not sustainable - 2012(1) Haryana Law Reporter 387 S.C.
Illegal order Remand for re-decision - Order passed without taking notice of relevant provisions
of law Order is not legally maintainable Case remanded for fresh decision 2013(1) Haryana Law Reporter
148 S.C.
Imcumbent land Compensation of land under acquisition if under tenants, its compensation cannot
be determined it lesser rate simply that purchaser would pay less price because it is incumbent land - 2012(1)
Immediate relief - Service of notice u/s 80 (1) CPC is imperative except where immediate relief is
required to be granted by the Court 2007(1) HRR 221 S.C.
Impleadment - Impleadment of third party is a suit for specific performance can be allowed if such
party has some interest in suit property - 2007(2) HRR 548 S.C.
Impleadment - In a suit for partition appellants had purchased share of other co sharers - Appellants are
entitled to be impleaded as party and file their written statement - 2007(2) HRR 612 S.C.
Impleadment Where question of impleadment of third party is involved in seeking amendment of
plaint provision of Order 1 Rule 10 of CPC would also be attracted 2009(2) Haryana Law Reporter 576 S.C.
Impleadment of LRs - Delay of 2381 and 2601 days in application for bringing LRs on record
Condonation of huge delay in exercise of power under Article 136 declined by Apex Court 2009(2) Haryana
Impleadment of LRs - Rent Controller passed order of ejectment by ignoring application of LRs for
bringing them on record - Order quashed 2007(1) HRR 648 S.C.
Impleadment of party - A transferee of undivided share by a co-sharer during partition suit is a
necessary party - Impleadment of transferee allowed 2007(1) HRR 451 S.C.
Impleadment of party - Transfer made by transferee from defendant without leave of Court during
pendency of proceeding - Impleadment in view of doctrine of lis pendens cannot be claimed 2007(1) HRR
434 S.C.
Implied notice If notice of acquisition is issued but affected person has appeared before acquisition
officer to plead his case, it will be taken as an implied notice of acquisition - 2012(1) Haryana Law Reporter
234 S.C.
Impounding of instrument - Collector can recover adequate stamp duty u/s. 48-B of Stamp Act,
when original instrument is not duly stamped - 2007(2) HRR 669 S.C.
Imprisonment - Accused refused to vacate service quarter after retirement and remained in possession
for 18 years Accused directed to vacate the same or suffer imprisonment of one year with fine of Rs. 10,000
Incorrect finding - Plaintiffs suit dismissed for want of pleadings and lack of evidence which was
factually incorrect - Order of dismissal set aside - 2007(2) HRR 674 S.C.
Increase in price Increase in price from 10% to 15% per year in valuation of land should be taken
into consideration but in case of small area, it should be between 5% to 7.5% - 2012(2) Haryana Law Reporter
252 S.C.
Increase in rent - High Court cannot revise rate of rent through an interim order - But if tenant wants
stay against eviction he can be directed to deposit arrears at a higher rate of ren 2008(2) H.R.R. 118 S.C.
Inexecutable relinquishment - Any party to a contract is at liberty to relinquish or diminish his
claim But such relinquishment should be executable - Where relinquishment was not executable, specific
performance of Contract was declined - 2012(1) Haryana Law Reporter 255 S.C.
Information - Information qua names and address of members of the Interview Board cannot be
formulated as it may endanger the life of the members of the Board 2013(1) Haryana Law Reporter 129 S.C.
Information about ACR All the authorities below found that disclosure of contents of ACR of a
member of CESTAT would affect integrity of the member - Nor the disclosure of information was necessary for
public interest Non-supply of information justified 2013(1) Haryana Law Reporter 499 S.C.
Inherent jurisdiction - Court had inherent jurisdiction to pass an interim order in appropriate cases
2007(1) HRR 1 S.C.
Inherent powers The Appellate Court allowing withdrawal of appeal can extend the date of interim
relief in its inherent powers - 2013(2) Haryana Law Reporter 296 S.C.
Injunction Order 39 Rules 1 and 2 Ad interim injunction granted by the trial court against defendant
Appellate court committed an error in proceeding with the scope of section 53A of the T.P. Act without going
into the effect of the order of interim injunction Order set aside 2013(1) Haryana Law Reporter 661 S.C.
Inquiry against Sarpanch Suspension of Sarpanch Inquiry against Sarpanch pending since one
year Order of suspension for such long period in the name of pending inquiry cannot be sustained and hence
set aside - 2013(2) Haryana Law Reporter 303 D.B.
Intention of testator - Court should give effect to the real intention of the testator which can be culled
out from the background of facts of the case by reading the Will in its entirety 2008(2) H.R.R. 317 S.C.
Inter locutory order - Revision under Section 115 CPC against inter locutory order passed under
Order 39 Rules 1 & 2 is not maintainable but revision can be treated as a petition under Article 227 by High
Court 2007(1) HRR 456 S.C.
Interest No interest was allowed in decree Executing court cannot award any interest - 2008(1)
H.R.R. 501 S.C.
Interest on installment - The High Court waived payment of interest on balance installments payable
by allottee/respondent against terms of contract Court should not go against terms of contract between parties
Interest on solatium - Interest awarded on compensation but decree was silent about grant of interest
on solatium - Executing court is competent to award interest on solatium unless negatived by reference court
2008(2) H.R.R. 5 S.C.
Interim order - Rent raised from Rs. 150/- to Rs. 6800/- through interim order by High Court - Order
set aside 2008(2) H.R.R. 261 S.C.
Interim relief The Appellate Court allowing withdrawal of appeal can extend the date of interim relief
in its inherent powers - 2013(2) Haryana Law Reporter 296 S.C.
Interpretation - Court should not construe the provisions in a manner which would destroy the very
purpose of the enactment - A testator can execute a Will in favour of an outsider which cannot be invalidated on
this ground alone - He can deprive his family members including his sons and daughters 2008(2) H.R.R. 177
S.C.
Interpretation - To judge the provision of a statute whether directory or mandatory no universal rule is
applicable - Court to decide controversy by ascertaining intention of legislature instead of language of the
provision 2008(2) H.R.R. 309 S.C.
Invalid order High Court simply reiterated the reasoning given by the Rent Controller and dismissed
the petition confirming order dismissing application for leave to contest Order not legally sustainable
Issues Pleadings and issues narrow the area of conflict between the parties Suit on a point cannot be
decided unless an issue has been framed - 2011(2) Haryana Law Reporter 477 S.C.
Joint property - Onus to prove that a property is Hindu Joint Family lies on the person who alleges so 2010(2) Haryana Law Reporter 659 S.C.
Judgment Judgment under Sec. 2 (9) CPC has been defined as the statement given by the Judge of the
ground for a decree or order Delivery of decision without completing the judgment is no judgment in the eye
of law - 2008(1) H.R.R. 406 S.C.
Judicial review The High Court waived payment of interest on balance installments payable by
allottee/respondent against terms of contract Court should not go against terms of contract between parties 2012(1) Haryana Law Reporter 375 S.C.
Judicial system - People in India are losing faith in judiciary because of inordinate delay in disposal of
cases of law courts - Concerned authorities are required to do needful to ensure speedy disposal of cases 2007(2) HRR 541 S.C.
Jurisdiction - Compromise decree passed by the Revenue Court challenged in civil court taking the plea
of fraud Civil Court is competent to adjudicate upon the matter as revenue court is not well equipped to go
into question of fraud - 2012(1) Haryana Law Reporter 572 S.C.
Jurisdiction Eviction of tenant occupying wakf property can be ordered only by Civil Court and not
by Wakf Tribunal 446 S.C.
Jurisdiction - Existence of a jurisdictional fact is a condition precedent to the assumption of jurisdiction
by a Court/Tribunal - 2007(2) HRR 518 S.C.
Jurisdiction - High Court cannot revise rate of rent through an interim order -But if tenant wants stay
against eviction he can be directed to deposit arrears at a higher rate of rent 2008(2) H.R.R. 118 S.C.
Jurisdiction - Once the lessee has submitted to jurisdiction of civil court under T.P. Act he cannot
claim protection of Rent Act 2007(1) HRR 217 S.C.
Jurisdiction Order 23 Rule 3 Grant of claim of maintenance under section 125 Cr. PC is no bar to
claim made under section 18 of the Hindu Maintenance and Adoption Act, 1956 2013(1) Haryana Law
Reporter 457 S.C.
Jurisdiction Panchayat jurisdiction in criminal case A criminal case of serious nature requiring
investigation of Police is not triable by Gram Panchayat unless it is transferred by Magistrate u/s. 173 Cr.P.C. or
Sec. 45 of Punjab Panchayati Raj Act, 1994 - 2013(2) Haryana Law Reporter 370 S.C.
Jurisdiction Punjab Election Tribunal is competent to decide a question pertaining to eligibility of a
candidate contesting election of Municipality - 2009(1) Haryana Law Reporter 216 S.C.
Jurisdiction Supreme Court can strike down any illegal appointment of IC or CIC by exercising its
power of review under Article 137 of the Constitution 2013(2) Haryana Law Reporter 631 S.C.
Jurisdiction - When there is delay of more than 150 days in representation of the cancellation of the
allotment, it is the Chief Administrator of HUDA who can decide issue of limitation and not the Estate Officer
under HUDA Act - 2012(2) Haryana Law Reporter 512 S.C.
Jurisdiction - Where court is lacking in territorial or pecuniary jurisdiction and on the other hand court
lacking jurisdiction for subject matter - Interference in former case is justified but not in the later case 2007(1)
HRR 444 S.C.
Jurisdiction - Where the property of judgement debtor his outside the jurisdiction of executing court,
the decree should be transferred to the court where the property is situated 2007(1) HRR 684 S.C.
Justice delayed justice denied - People in India are losing faith in judiciary because of inordinate
delay in disposal of cases of law courts - Concerned authorities are required to do needful to ensure speedy
disposal of cases - 2007(2) HRR 541 S.C.
L.Rs impleadment Section 151 Order 22 Rule 4 Application for impleadment of LRs of a
person who was dead at the time of filing of appeal is not maintainable 2013(1) Haryana Law Reporter 40
S.C.
Laches - A right acquired by OP due to lapse of time on account of laches cannot be disturbed by
condoning delay on insufficient grounds 2009(2) Haryana Law Reporter 188 S.C.
Laches - People in India are losing faith in judiciary because of inordinate delay in disposal of cases of
law courts - Concerned authorities are required to do needful to ensure speedy disposal of cases - 2007(2) HRR
541 S.C.
Land acquisition - Compensation can be enhanced on the basis of yield and growth income but
expenses for cultivation can not exceed 50% of total yield 2007(1) HRR 425 S.C.
Land grabbing - 2 acres out of 45 acres of land acquired by Housing Board was found in possession of
respondent hut dwellers - Land owner held entitled to sanction of layout of this land without insisting on NOC
by Housing Board - Respondents may seek the remedy in civil court - 2007(2) HRR 345 S.C.
Land Pooling Scheme Landowners cannot introduce Land Pooling Scheme after acquisition of land
Landlord and tenant - Eviction suit other than on bona fide requirement Relationship of landlord
and tenant admitted by tenant It would not be open for the tenant to deny the title of the landlord if he already
admitted in written statement 2010(1) Haryana Law Reporter 1 S.C.
Landlord as best judge - A landlord is the best judge of his requirement of the accommodation
2007(1) HRR 593 S.C.
Landlord/tenant - Landlord entered into agreement to sell rented property to tenant - Can not be
inferred from condition of compensation that agreement was for loan and not for sale 2007(1) HRR 439 S.C.
Landlords plight - Oustees could hardly purchase a plot of 250 sq. mtr. with the amount of
representations to appropriate authorities or State Government 2011(1) Haryana Law Reporter 129 S.C.
Law of adverse possession - Law of adverse possession in irrational, illogical and wholly
disproportionate which encourages a rank trespasser 2008(2) H.R.R. 431 S.C.
Law violations Law violators do not deserve any sympathy of the Court Tendency of violation of
laws should be curbed - 2012(2) Haryana Law Reporter 218 S.C.
Lease - Lease fixed for a period of 21 years was allowed to run for full term - Lessee cannot claim
protection of Rent Act 2007(1) HRR 217 S.C.
Lease/license Original owner of house gave house to petitioner out of love and affection
Descendents of landowners are entitled to seek eviction after death of landowner - 2010(2) Haryana Law
Reporter 563 S.C.
Leave of court - Once leave to file suit against Government without notice is refused it will be deemed
that no suit has been instituted 2007(1) HRR 608 S.C.
Leave to contest Application for leave to contest filed with delay of one day was dismissed as time
barred No error in the order - 2010(2) Haryana Law Reporter 235 S.C.
Leave to contest - High Court simply reiterated the reasoning given by the Rent Controller and
dismissed the petition confirming order dismissing application for leave to contest Order not legally
sustainable 2013(1) Haryana Law Reporter 199 S.C.
Leave to contest Tenant categorically denied that he had received any notice through substituted
service i.e. Munadi Version of tenant accepted as true Leave to contest granted - 2010(2) Haryana Law
Reporter 435 S.C.
Leave to defend Tenants application for leave to defend rejected on point of limitation Application
cannot be restored u/s 151 read with Order 9 Rule 13 of CPC as Rent Act is a special Act 2010(1) Haryana
Legal Service Authorities - Both the parties came to the High Court not with clean hands Levy of
heavy costs of Rs. 1 lac on each party is justified But cost should be paid to the State instead to Legal Services
Authorities 2009(2) Haryana Law Reporter 570 S.C.
Legislatures appointment Appointment of a Legislature or a person holding office of profit is not

barred under RTI Act But after appointment, he cannot remain member of a Legislature or on the post of
profit 2013(2) Haryana Law Reporter 631 S.C.
Legitimacy Legitimacy of child cannot be enquired into when man and woman had access to each
other 2010(1) Haryana Law Reporter 364 S.C.
Legitimacy of child - Child born out of wedlock Legitimacy of child should be presumed unless
relations of wife with third person is proved by husband 2010(1) Haryana Law Reporter 524 S.C.
Lethargic litigant A lethargic litigant cannot be permitted to choose his own time in preferring an
appeal 2009(2) Haryana Law Reporter 188 S.C.
Levy of costs Both the parties came to the High Court not with clean hands Levy of heavy costs of
Rs. 1 lac on each party is justified But cost should be paid to the State instead to Legal Services Authorities
Liberal approach - Court in allowing amendment in pleading should adopt a liberal approach as
dominant object of amendment is to avoid multiplicity of proceedings 2007(1) HRR 221 S.C.
Liberal attitude of court Courts should be more liberal in allowing amendment of written statement
than that of plaint 2009(2) Haryana Law Reporter 598 S.C.
License/tenancy - Question of licensee and tenancy involved in the case - It cannot be said that no
question of law is involved when status of occupant is involved in dispute - 2012(1) Haryana Law Reporter 242
S.C.
Licensee/tenant Burden lies upon occupant of premises to prove that he is a tenant and not a licensee
Limitation - A suit filed after prescribed period of limitation shall be dismissed even if no defence was
raised by defendant 2008(2) H.R.R. 360 S.C.
Limitation - Amendment of pleading cannot be allowed after fifteen years as it would deprive OP of a
right accrued in his favour due to lapse of time 2007(1) HRR 644 S.C.
Limitation Application for leave to contest filed with delay of one day was dismissed as time barred
No error in the order - 2010(2) Haryana Law Reporter 235 S.C.
Limitation Courts are bound to look into the question of limitation even if no plea is taken by party in
this regard - 2008(1) H.R.R. 476 S.C.
Limitation - Courts are duty bound to dismiss a suit/appeal/application when these are filed after
limitation even if point of limitation has not been set up as a defence 2008(2) H.R.R. 687 S.C.
Limitation - Denial of title - Title by adverse possession can be claimed only if title of true owner is
openly denied maintaining continuity of possession 2007(1) HRR 112 S.C.
Limitation - It is for the respondent to prove as to when he came to know about passing of ex parte
decree especially when his application for setting aside the decree is filed after 30 days - 2007(2) HRR 682 S.C.
Limitation Law of limitation is the same for citizen and for Government authorities 2009(2)
Limitation Pleadings not clear as to when plaintiff got knowledge regarding mutation in question
Suit for declaration qua mutation is barred by time 2010(1) Haryana Law Reporter 364 S.C.
Limitation - Renewal of lease denied in 2001 whereas suit for declaration claiming renewal was filed in
2006 - Suit is barred by limitation under Article 54 of Limitation Act - 2007(2) HRR 102 S.C.
Limitation Suit filed after 5 years but within limitation from the date when fraud came to the notice
Suit not barred by period of limitation 2010(1) Haryana Law Reporter 516 S.C.
Limitation When there is continuity in cause of action suit cannot be dismissed on ground of
limitation - 2012(1) Haryana Law Reporter 38 S.C.
Limitation When there is delay of more than 150 days in representation of the cancellation of the
allotment, it is the Chief Administrator of HUDA who can decide issue of limitation and not the Estate Officer
under HUDA Act - 2012(2) Haryana Law Reporter 512 S.C.
Lis pendense - Acquiring a title during pendency of litigation does not create a valid title in favour of a
transferee - 2007(2) HRR 179 S.C.
Litigants complaint - A litigant is bound by settlement of dispute executed by his lawyer However,
he is at liberty to approach Bar Council in this regard - 2008(1) H.R.R. 504 S.C.
Long delay High Court condoned long delay of 1724 days without sufficient cause Order set aside
Loss to public exchequer - Highest bid of causing loss to public property can be cancelled even after
deposit of 10% money of bid 2011(1) Haryana Law Reporter 21 S.C.
Love and affection - Love and affection between brothers and sisters can be treated a valid
consideration under the Hindu Law 2008(2) H.R.R. 360 S.C.
LRs Plaintiffs request seeking exemption from bringing LRs of deceased defendant on record allowed
Decree would be valid only if exemption is claimed before pronouncement of judgement 2009(2) Haryana
Maintainability of suits - In a civil suit court held maintainability of suit after farming preliminary
issues - Order being not and being not interim order, revision against the same is maintainable 2007(1) HRR
109 S.C.
Maintenance Grant of claim of maintenance under section 125 Cr. PC is no bar to claim made under
section 18 of the Hindu Maintenance and Adoption Act, 1956 2013(1) Haryana Law Reporter 457 S.C.
Maintenance Mere grant of maintenance does not prove that wife has consented to dissolution of
marriage which can be ordered only in accordance with the provisions of Sec. 13 of the Act - 2010(2) Haryana
Maintenance Nullity Husband cannot deny maintenance amounts to wife under Protection of
Women Act, 2005 unless a decree of nullity is obtained by husband 2013(1) Haryana Law Reporter 572 S.C.
Mala fide act - Merely setting up of new township in haste with haste by State Government does not
prove that Act of Government is mala fide - 2007(2) HRR 309 S.C.
Mandatory provision - Before giving validity to a resolution of Panchayat to transfer its land approval
of Direction is mandatory requirement 2008(2) H.R.R. 393 S.C.
Market Committees duty - Allottees were not provided basic facilities by the Market Committee
Committee directed not to charge penal interest till provisions of facilities After payment of entire price these
facilities must be provided within six months 2011(1) Haryana Law Reporter 38 S.C.
Market price - It is settled that a sale deed with highest rate which is bona fide transaction must be a
determining factor for market price of land - 2012(2) Haryana Law Reporter 252 S.C.
Market price of booth - Petitioner in occupation of disputed booth offered to pay its price Value of
booth as determined at Rs. 45 lacs Petitioner directed to pay balance amount of Rs. 25 lacs - His possession be
regularized - 2013(2) Haryana Law Reporter 667 S.C.
Market rate of building - Tenant paying rent of Rs. 175/- for decades Eviction ordered but allowed
to remain in possession subject to pay Rs. 25,000/- p.m. as per market rate of adjacent building - 2012(2)
Market value - Rent Controller determined market value of demised premises on the basis of market
value of adjacent land- Order of Rent Controller is valid Even pendency of appeal against the order is of no
consequence - 2012(2) Haryana Law Reporter 384 S.C.
Marriage registration - Honble Apex Court has directed all the State Governments to make
necessary laws for making registration of marriage compulsory within three months - 2007(2) HRR 575 S.C.
Master plan - A Master Plan which is not yet notified cannot be made the basis for running the
industries in the area according to new Master Plan 2007(1) HRR 414 S.C.
Material alteration Tenant replaced tin-sheds of roof of kitchen and store with concrete slabs
without consent of landlord Tenant is liable to eviction for making material alteration 2013(1) Haryana Law
Reporter 186 S.C.
Matter between employer and employee If a matter pertains to relationship between employee
and employer and disclosure of information is not in public interest, the matter is protected by exemption under
section 8 (1) (j) of the RTI Act, 2005 - 2012(2) Haryana Law Reporter 391 S.C.
Medical facilities - Landlady suffering from ailment wanted to avail medical facilities at her demised
premises Need of landlady for accommodation is bona fide - 2008(1) H.R.R. 1 S.C.
Memorial in houses - No memorials should be allowed in future in Government houses - 2013(2)
Mesne profit - Building on lease @ Rs. 400/- p.m. for the last 18 years - Stay granted subject to deposit
of Rs. 4,000/- as mesne profit is justified 2008(2) H.R.R. 620 S.C.
Mesne profit - Mesne profits cannot be granted unless demand is raised in pleading - 2007(2) HRR 543
S.C.
Mesne profit - Mesne profits cannot be granted without specific prayer made by plaintiff 2008(2)
H.R.R. 166 S.C.
Mesne profits Reduction in amount of mesne profits from Rs. 70,000 to Rs. 40,000 without any
reason Order not legally sustainable 2009(2) Haryana Law Reporter 37 S.C.
Mesne profits/damages Quantum of mesne profits/damages should not be less than contractual rate
of use and occupation charges 2009(2) Haryana Law Reporter 522 S.C.
Minors custody After dissolution of marriage custody of minor daughter aged 9 years was claimed
by the husband and wife Matter referred to mediclaim centre to give expert advice about behavior of parents
towards the child - 2012(2) Haryana Law Reporter 1 S.C.
Minors custody - Dispute between husband and wife since last 5 years Minor son aged 15 and 9
years ordered to remain with father as to separate the children will be harmful for the minors Grandfather also
will help them in their studies - 2012(2) Haryana Law Reporter 18 S.C.
Modification of order - Permission to withdraw - Petitioner requested to withdraw their petition to try
their luck before the High Court Request made by the petitioner was accepted by the Honble Apex Court
Mortgage - The question whether mortgage can be created by deposit of title deed or by some other
documents creating interest in property is a disputed question - Matter referred for decision to larger Bench 2007(2) HRR 588 S.C.
Mortgage/lease - Relationship and mortgagor and mortgagee by registered deed, cannot be changed in
relationship of lessor and lessee by an unregistered document 2008(2) H.R.R. 213 S.C.
Mortgagors tenant - As stipulated in the agreement mortgagors tenant became tenant of vendee of
mortgaged property after redemption - Tenant also has a right of preemption as agreed between the parties 2007(2) HRR 531 S.C.
Multiplicity proceedings - Court in allowing amendment in pleading should adopt a liberal approach
as dominant object of amendment is to avoid multiplicity of proceedings 2007(1) HRR 221 S.C.
Mutual consent - If parties are not in a position to live together and want divorce by mutual consent
Period spent in pending proceedings may be counted towards cooling period of six months Divorce by mutual
consent allowed under Article 142 of the Constitution - 2012(2) Haryana Law Reporter 617 S.C.
Mutual consent for dissolution - Husband and wife living separately since long agreed to dissolve
marriage by mutual consent Dissolution of marriage allowed 2010(1) Haryana Law Reporter 528 S.C.
Mutual divorce Parties agreed full and final settlement in matrimonial dispute after wife accepted Rs.
16 lacs and withdrawal of criminal case Decree of divorce by mutual settlement granted - 2012(1) Haryana
Natural Justice Department concerned should issue a notice u/s 4 three months prior to his retirement
following principles of natural justice and it should be mandatory for the Department to comply with the
conditions - 2013(2) Haryana Law Reporter 247 S.C.
Natural justice - Order of cancellation of allotment cannot be challenged as being against rules of
natural justice when allottee had not complied with the terms of the allotment letter Absence of show cause
notice does not offend provisions of section 17 of the HUDA Act - 2012(2) Haryana Law Reporter 512 S.C.
Natural justice - Though provisions of CPC are not applicable to Public Premises Act, but Authorities
should not ignore principles of natural justice 2008(2) H.R.R. 404 S.C.
Necessary party - A person who has caveatable interest in estate of testator can be impleaded as a party
2008(2) H.R.R. 177 S.C.
Necessary party Generally, a decree passed by court is not binding upon a person who is not
impleaded as a party but this principle is subject to certain exceptions - 2008(1) H.R.R. 397 S.C.
Necessary party - Transferee of property during pendency of probate proceeding is not necessary party
- 2007(2) HRR 583 S.C.
Newly constructed building - Finding given by trial court that renewal of building was got covered
under a newly constructed building and exempted from Rent Act for 15 years - Finding being a finding of fact
not open to challenge in SLP 2008(2) H.R.R. 401 S.C.
Non payment of rent - Tenant in arrears of rent for more than 2 years - Tenant cannot escape liability
of eviction - 2007(2) HRR 518 S.C.
Non publication Non publication of notification of acquisition in news paper is not fatal unless it is
proved that act of acquisition authority is mala fide - 2012(1) Haryana Law Reporter 234 S.C.
Non residential building Ejectment from commercial building on ground of bona fide requirement
can be ordered under the Rent Act as well as under Hr. Rent Act 2010(1) Haryana Law Reporter 249 S.C.
Non speaking order A party affected by non speaking order can approach the court for reconstitution of such order - 2010(2) Haryana Law Reporter 1 S.C.
Non speaking order - High Court dismissed appeal against order of reference court by passing a nonspeaking order Order not legally maintainable - 2008(1) H.R.R. 439 S.C.
Non speaking order - Non speaking order passed by High Court is not sustainable - Case remanded 2007(2) HRR 638 S.C.
Non speaking order - Writ petition challenging validity of Amendment Act dismissed by nonspeaking order Order not legally sustainable - Case remanded - 2008(1) H.R.R. 342 S.C.
Non-consumption of electricity - No electricity consumed by tenant for more than 4 months A
case of ceased to occupy well proved Eviction upheld - 2011(2) Haryana Law Reporter 439 S.C.
Normal allotment rate Rate of plot should be charged at the rate prevailing at the time when
application for allotment is made 2011(1) Haryana Law Reporter 129 S.C.
Notice - No suit can be instituted against government or its officer without prior notice u/s 80 (1) of the
Code or except with leave of the court 2007(1) HRR 608 S.C.
Notice - Section 80 imposes a statutory obligation upon the Court to see that a suit without notice under
section 80 is not maintainable 2007(1) HRR 221 S.C.
Notice - Tenant raised no objection regarding issuance of six months notice at the earlier stage He
cannot be allowed to raise the objection first time in the High Court 2009(2) Haryana Law Reporter 595 S.C.
Notice to quit Permission to seek tenants eviction cannot be denied simply that the notice to quit
given earlier was not on the ground of bona fide requirement - 2009(1) Haryana Law Reporter 458 S.C.
Notice to terminate tenancy Tenancy created on 11th day of the month The plea that notice to
quit did end with the month of tenancy is not tenable- Notice served on 15.1.2000 with demand of possession
on 29th February, 2000 is not illegal 2011(1) Haryana Law Reporter 110 S.C.
Notification Notification should be published in the Gazette and at least in two news papers and
should be affixed at a convenient public place of the locality - 2012(1) Haryana Law Reporter 234 S.C.
Notification of acquisition - Notification of acquisition of land can be issued simultaneously under
section 1(3), 3(1) and 28(1) of the act by State Authority 2007(1) HRR 464 S.C.
NRI landlord Burden to prove relationship of landlord & tenant and also the status of NRI lies upon
the landlord 2009(2) Haryana Law Reporter 585 S.C.
NRI landlord Different tenants occupying various portions of demised premises It is not correct to
say that if eviction from one portion has been obtained, ejectment from other portion is against law because
building comprising different tenancies is one unit - 2010(2) Haryana Law Reporter 530 S.C.
Nuisance - Tenant creating nuisance by dumping articles in the passage and open space - Eviction for
creating nuisance to other occupiers justified 2007(1) HRR 397 S.C.
Nullity - Allotment made in favour of respondent despite interim order of stay by High Court Order of
State Government is a nullity - 2010(2) Haryana Law Reporter 104 S.C.
Nullity - Decree based upon fraud which is evidently proved from material on record Decree is nothing
but a nullity 2010(1) Haryana Law Reporter 516 S.C.
Objection - Land acquired already for STP remained unused showing that there was no urgency
Objection - No objection was raised with regard to delay seeking reference u/s 18 of Land Acquisition
Act before court below Objection raised first time in special leave petition stands rejected 2009(2) Haryana
Objection Petition for release of land was dismissed on the ground that objections under section 5A
were not filed But petitions of other persons on similar facts were admitted Impugned order being
discriminatory is liable to be set aside 2013(1) Haryana Law Reporter 514 S.C.
Objections Objections raised under section 5A (1) were mechanically rejected and landowners were
deprived of their land in the name of the development of Technologies Park Powers were delegated in
violation of law Notification of acquisition set aside - 2013(2) Haryana Law Reporter 68 S.C.
Objections in execution - Objection raised on the point of subletting during execution of decree
which had become final Objections cannot be raised against a decree which had become final - 2010(2)
Occupancy tenancy right - Tenant delayed payment of arrears as case of right of occupancy tenancy
was pending before the Revenue Authorities Eviction u/s 9 (1) (ii) of the Punjab Security Land Tenures Act
for non payment rightly declined 2011(1) Haryana Law Reporter 478 S.C.
Occupancy tenants rights A co-owner cannot be granted occupancy tenancy rights over shamlat
land on the basis of long possession - 2012(2) Haryana Law Reporter 449 S.C.
Official trustee - It is within the province of an Official Trustee to deal with the land under lease in any
manner he thought it fit but subject to the directions of H.C. - He can even extend the period of lease under new
arrangement 2007(1) HRR 205 S.C.
Onus Onus to prove that a property is Hindu Joint Family lies on the person who alleges so - 2010(2)
Onus Plaintiff filing suit for possession on the basis of title Burden to prove lies upon him Failure
of defendant to prove his title cannot help plaintiff - 2009(1) Haryana Law Reporter 6 S.C.
Onus to prove Once exclusive possession of sub-tenant is proved by landlord onus to prove would
shift to the sub-tenant - 2008(1) H.R.R. 616 S.C.
Open bid - Land of sick industry purchased in open auction for Rs. 24.34 crores Order of Revenue
officer fixing price of land at Rs. 154 crores for purpose of stamp duty u/s 47 of the Act is illegal Order set
aside 2009(2) Haryana Law Reporter 263 S.C.
Opportunity Affected person should be provided ample opportunity of hearing before acquiring his
land - 2012(1) Haryana Law Reporter 234 S.C.
Opportunity - It is incumbent upon Estate Officer to provide opportunity to person concerned to

produce necessary evidence in support of his possession on alleged public premises 2008(2) H.R.R. 404 S.C.
Oral evidence - When a disposition of property is reduced into writing, no oral evidence is admissible
against the nature of transaction 2009(2) Haryana Law Reporter 1 S.C.
Oral gift - Claim of oral gift of suit property cannot be accepted unless actual owner has delivered the
possession in favour of the claimant - 2007(2) HRR 75 S.C.
Oral/Written agreement - Oral agreement converted in written agreement - Agreement deed is an
instrument under section 2 (14) of the Act upon which stamp duty is payable 2008(2) H.R.R. 628 S.C.
Order of eviction Order of eviction passed against tenant with concurrent finding Observations
made by the High Court that order would be executed against sanctioned plan of new building is unjustified 2013(2) Haryana Law Reporter 1 S.C.
Panchayat land Appellant occupied land of village pond which is governed by the Gram Panchayat
No approval of panchayat obtained Eviction of appellant is justified as it is unauthorized possession in
violation of the Punjab Village Common Lands Act 2011(1) Haryana Law Reporter 212 S.C.
Panchayat resolution - Before giving validity to a resolution of Panchayat to transfer its land approval
of Direction is mandatory requirement 2008(2) H.R.R. 393 S.C.
Parents behavior - After dissolution of marriage custody of minor daughter aged 9 years was claimed
by the husband and wife Matter referred to mediclaim centre to give expert advice about behavior of parents
towards the child - 2012(2) Haryana Law Reporter 1 S.C.
Partial eviction - Partial eviction may become a cause of day to day dispute between landlord and the
tenant Partial eviction not proper Eviction from entire house should be ordered - 2013(2) Haryana Law
Reporter 214 S.C.
Partial relief - Second appellate court reversed the order of lower court granting partial relief to plaintiff
against which no appeal was filed by defendant - Order suffers from illegality - 2007(2) HRR 259 S.C.
Parties with clean hands - Huge costs by civil court cannot be imposed u/s 35 or 35 of CPC But it
is open to High Court to impose deterrent costs on parties not coming to court with clean hands 2009(2)
Partition - A transferee of undivided share by a co-sharer during partition suit is a necessary party Impleadment of transferee allowed 2007(1) HRR 451 S.C.
Partition - Half portion of house was given by testator in favour of his sister by way of a Will - Sister is
entitled to seek partition of house which is confined to her life time only 2008(2) H.R.R. 317 S.C.
Partition - In a suit for partition appellants had purchased share of other co sharers - Appellants are
entitled to be impleaded as party and file their written statement - 2007(2) HRR 612 S.C.
Partition - Once settlement of claim about suit property has been finally settled before Court Further
demand of partition under Punjab Land Act is uncalled for - Delivery of possession of suit land ordered 2012(2) Haryana Law Reporter 220 S.C.
Partition deed - The limitation for cancellation of partition deed is three years under article 59 of
Limitation Act 2008(2) H.R.R. 360 S.C.
Partition of tenanted premises - Shop consisting of two rooms was given on rent One room was
sublet by tenant before partition of two rooms was affected Eviction from both rooms on ground of subletting
is justified - 2010(2) Haryana Law Reporter 126 S.C.
Payment of rent Suit for recovery of rent re-filed with a gap of 5 years delay Award of 12% interest
for delayed period of 5 years quashed because delay was due to lack of diligence of the landlady herself
Pecuniary jurisdiction Merely that an amendment of suit to include subsequent events may take the
suit out of jurisdiction of that court, an application for amendment cannot be refused - 2013(2) Haryana Law
Reporter 233 S.C.
Penalty Tenant changed residential building into commercial premises without permission of Rent
Controller u/s 11 of the Act Tenant is liable to eviction and to pay fine u/s 19 of the Act 2009(2) Haryana
Permanent injunction - Before grant of injunction it is mandatory for plaintiff to prove that he is in
possession of suit property 2008(2) H.R.R. 1 S.C.
Permanent structure It means that structure which is not temporary and if it cannot be removed
without damaging remaining portion of the building and it is constructed with a purpose of permanent use till
tenancy ends 2013(1) Haryana Law Reporter 186 S.C.
Personal information If a matter pertains to relationship between employee and employer and
disclosure of information is not in public interest, the matter is protected by exemption under section 8 (1) (j) of
the RTI Act, 2005 - 2012(2) Haryana Law Reporter 391 S.C.
Personal integrity All the authorities below found that disclosure of contents of ACR of a member of
CESTAT would affect integrity of the member - Nor the disclosure of information was necessary for public
interest Non-supply of information justified 2013(1) Haryana Law Reporter 499 S.C.
Photostat Copy - Photostat copy of original cannot be received as secondary evidence under section 63
of Evidence Act - 2007(2) HRR 8 S.C.
Pick and choose - Land left out of acquisition due to sanctioned construction before issuance of
notification cannot be said as based upon pick and choose method - 2007(2) HRR 281 S.C.
Pleading - It is well settled that pleadings must be construed in its entirety especially where plaint is not
happily drafted - 2007(2) HRR 332 S.C.
Pleading - Mesne profits cannot be granted unless demand is raised in pleading - 2007(2) HRR 543 S.C.
Pleading - Parties in knowledge of stand taken by each other - Judgement cannot be set aside on ground
that pleadings were inadequate - 2007(2) HRR 533 S.C.
Pleading - Plea not raised earlier can not be permitted to be raised first time before Honble Supreme
Court 2007(1) HRR 472 S.C.
Pleadings Relief cannot be grated unless it is a founded on pleadings A new plea cannot be allowed
to be raised on factual controversy but raising of legal issue can be allowed to be raised by the court - 2011(2)
Plight of land loser Land loser spent virtually the entire amount of compensation in litigation He
could purchase 1/4th or 1/5th of extent of acquired land with the help of compensation received by him Steps
should be taken by Govt. to save the poor family from ruination and great tragedy due to land acquisition
Possession Admission of transfer of possession admitted in clear terms by lessee on termination of her
lease Lessee cannot resite from her open admission of real fact 2013(1) Haryana Law Reporter 536 S.C.
Power of attorney A holder of power of attorney is entitled to present document of registration being
executant of document on behalf of principal even if power of attorney is not registered 2009(2) Haryana Law
Reporter 432 S.C.
Power of review - Supreme Court can strike down any illegal appointment of IC or CIC by exercising
its power of review under Article 137 of the Constitution 2013(2) Haryana Law Reporter 631 S.C.
Power of transfer High Court and District Court have comprehensive power of transfer u/s 24 of
CPC - But this power should be exercised with due application of mind - 2008(1) H.R.R. 329 S.C.
Practice and Procedure - Court adjourned the case for final argument as defendant failed to appear
on due date - Passing of judgement on the date of final argument not proper - Case remanded 2007(1) HRR
437 S.C.
Practice and procedure Delhi Rent Act being a special Act, provisions of CPC are not attracted to
the case of ejectment 2010(1) Haryana Law Reporter 545 S.C.
Practice and procedure - Matter referred to Full Bench for answering some question of law - Full
Bench can answer the question but should not decide the matter on merit 2008(2) H.R.R. 175 S.C.
Practice and procedure - While declaring a planning area for new township provision of Punjab Act
1995 were not followed - Acquisition of land not justified - 2007(2) HRR 309 S.C.
Precedent Decision under Punjab Rent Act qua ejectment from commercial building is equally
applicable to cases filed under the Hr. Rent Act as provisions of both Acts are similar 2010(1) Haryana Law
Reporter 249 S.C.
Pre-emption - Right of pre-emption on the basis of co-sharership can be defeated by improvement of
status i.e. becoming co-sharer, by vendee 2008(2) H.R.R. 554 S.C.
Pre-emption To preempt of joint house under the Partition Act does not accrue before sale deed of
house is executed No preemption on the basis of agreement to sell is permissible - 2010(2) Haryana Law
Reporter 520 S.C.
Pre-emption by mortgagee - As stipulated in the agreement mortgagors tenant became tenant of
vendee of mortgaged property after redemption - Tenant also has a right of preemption as agreed between the
parties - 2007(2) HRR 531 S.C.
Preliminary decree - Auction sale of suit property during pendency of suit for partition - Not
permissible without initiating formal final decree proceedings 2007(1) HRR 444 S.C.
Premature execution Where time of six months has been stipulated for execution of decree,
Executing Court committed no error by entertaining the application before expiry of six months - 2012(2)
Presentation for registration - A holder of power of attorney is entitled to present document of
registration being executant of document on behalf of principal even if power of attorney is not registered
Pre-suit interest - Court is not empowered to award pre-suit interest to the claimant Award of presuit interest depends on the terms of contract or provisions of statutory law 2011(1) Haryana Law Reporter
619 S.C.
Presumption - Child born out of wedlock Legitimacy of child should be presumed unless relations of
wife with third person is proved by husband 2010(1) Haryana Law Reporter 524 S.C.
Presumption Non reply to notice does not raise a presumption that landlord has admitted tenancy of
occupant of premises - 2012(1) Haryana Law Reporter 242 S.C.
Presumption Notice sent through registered cover or post certificate raises a presumption of receipt of
letter provided correct address has been given - 2010(2) Haryana Law Reporter 440 S.C.
Presumption Property sold by way of a registered sale deed Sale deed carries a presumption that
transaction was a genuine one - 2009(1) Haryana Law Reporter 672 S.C.
Presumption - Sub-tenant in exclusive possession of premises Sub-letting can be presumed - 2011(2)
Presumption of birth Validity of birth of child during continuance of marriage between husband
and wife is very strong unless rebutted by proving evidence of non-access between the two 2010(1) Haryana
Previous marriage Marriage solemnized with married women is a nullity under Hindu Marriage Act,
1955 2013(1) Haryana Law Reporter 572 S.C.
Prexisting tenancy Ejectment of a preexisting tenant cannot be sought by a purchaser of property or
his descendant u/s 14 (d) of Delhi Rent Control Act - 2010(2) Haryana Law Reporter 607 S.C.
Principal/agent When principal has been disclosed agent cannot be sued for the acts of principal 2011(2) Haryana Law Reporter 477 S.C.
Probate of Will - While granting a probate of Will, court cannot decide any dispute with regard of title
2008(2) H.R.R. 177 S.C.
Promoter of construction - Once entire project is placed before flat takers promoter is not required to
obtain prior consent of them as long as builder put up additional construction in accordance with building
regulations 2007(1) HRR 416 S.C.
Prosecution - A wife can prosecute her husband living with another woman but that woman cannot be
prosecuted Neither a girlfriend or a concubine can be prosecuted as they are not relative of her husband u/s
498A of the IPC - 2010(2) Haryana Law Reporter 290 S.C.
Protection from violence Complaint against the husband and parents for protection from violence is
maintainable but not against other persons including tenant of the husband 2013(1) Haryana Law Reporter 567
S.C.
Protection on long possession A co-owner cannot be granted occupancy tenants right on shamlat
land due to long possession nor his possession more than 12 years as protected u/s 4 (3) (ii) of the Act, 1961 2012(2) Haryana Law Reporter 449 S.C.
Provisional assessment Tenant is entitled to challenge the order of provisional assessment passed by
the Rent Controller by invoking provisions of Section 15 (1) (b) of the Punjab Rent Act on the basis of cogent
evidence regarding payment of rent - 2011(2) Haryana Law Reporter 77 S.C.
Provisional rent/mesne profits - Tenant challenged order of provisional rent/mesne profits payable
during pendency of appeal - Order upheld by Apex Court with modifications 2008(2) H.R.R. 403 S.C.
Provisional/tentative price Allottee was allotted a plot at provisional price Tentative price
enhanced later on Allottee is bound to pay enhanced price - 2010(2) Haryana Law Reporter 1 S.C.
Public interest All the authorities below found that disclosure of contents of ACR of a member of
CESTAT would affect integrity of the member - Nor the disclosure of information was necessary for public
interest Non-supply of information justified 2013(1) Haryana Law Reporter 499 S.C.
Public interest - If a matter pertains to relationship between employee and employer and disclosure of
information is not in public interest, the matter is protected by exemption under section 8 (1) (j) of the RTI Act,
2005 - 2012(2) Haryana Law Reporter 391 S.C.
Public premises Land belonging to Cantonment Board leased to respondent for two years
Possession of an occupant after expiry of 2 years became unauthorized on public premises Ejectment upheld 2011(2) Haryana Law Reporter 1 S.C.
Public street Respondent as a member of general public was using the street under encroachment of
appellant His suit cannot be dismissed for non compliance of proviso of Order 1 Rule 8 of CPC - 2012(1)
Publication of notification - Publication in locality by beat of drums though not by public servant is
not invalid - 2007(2) HRR 281 S.C.
Punishment for cow slaughter - If offence of cow slaughter is proved, ownership of place where
crime is committed is not relevant - Punishment of one year imprisonment upheld - 2012(1) Haryana Law
Reporter 414 S.C.
Question of Law - High Court should not reverse the judgement of first appellate court without
formulating a substantial question of law 2007(1) HRR 334 S.C.
Question of law Question of licensee and tenancy involved in the case - It cannot be said that no
question of law is involved when status of occupant is involved in dispute - 2012(1) Haryana Law Reporter 242
S.C.
Question of law - Question of subletting is a question of law High Court has jurisdiction to go into the
question of subletting whether it was properly decided by court below as per evidence on record - 2009(1)
Question of Law - Second appeal allowed without formulating substantial question of law - Order
suffers from impropriety - Case remanded 2007(1) HRR 449 S.C.
Question of law/question of fact Pure question of law can be raised at any stage but question of
fact can be raised only after necessary inquiry - 2010(2) Haryana Law Reporter 440 S.C.
Question of title - Courts cannot decide question of title in eviction proceedings under T.P. Act 2012(2) Haryana Law Reporter 399 S.C.
Question of title - Question of title was directly and substantially was involved between the parties in
earlier suit for eviction It would operate as res judicata in a subsequent suit for declaration of title between
same parties - 2010(2) Haryana Law Reporter 285 S.C.
Quick disposal After issuing a 7 days show cause notice order of eviction should be passed within 15
days No extension of stay should be granted beyond a period of 30 days Baseless applications should be
disposed off within 7 days In genuine cases maximum period of 15 days can be granted to occupy the
premises There should be time frame for payment of rent and damages Arrears of rent should be recovered
as land revenue with compound interest and pension arrears may be stopped of the defaulter - 2013(2) Haryana
Rate of land - High Court determined rate of land at Rs. 10876/- against offer of Government at Rs.
55000/- per bigha - Rate of Rs. 35000/- per bigha justified - But rate of Tea Bushes reduced from Rs. 75/- to Rs.
37.5/- for each Tea Bush - 2007(2) HRR 154 S.C.
Readiness to perform contract - Finding of High Court that no plea of readiness and willingness to
perform the contract was raised by plaintiff, was against real fact Impugned order set aside - 2008(1) H.R.R.
508 S.C.
Readiness/willingness - Main question in the case relates to a bona fide purchaser in a suit for specific
performance - Question of readiness and willingness is not relevant - 2007(2) HRR 622 S.C.
Reasonable cause of delay - Appellant lady fell sick and appeal filed with delay of 63 days Delay
condoned in the facts of the case Courts should be liberal in condoning the delay in the peculiar facts of the
case - 2012(2) Haryana Law Reporter 3 S.C.
Recall of order - High Court in second appeal cannot refuse to recall an ex-parte order simply on the
ground that it was passed on merit 2007(1) HRR 616 S.C.
Reciprocal premises Landlord reconstructed building but without toilet facilities contrary to term of
agreement Tenant not bound to pay higher rent as agreed - 2009(1) Haryana Law Reporter 415 S.C.
Reconstruction of Building - Landlord allowed to demolish and reconstruct 100 years old building
subject to condition that 50% portion thereof be given by old tenants - 2007(2) HRR 1 S.C.
Redemption Mortgagor sought redemption of property by impleading two sons of deceased
mortgagee without impleading two married daughters not in possession of property Redemption held to be
justified - 2008(1) H.R.R. 397 S.C.
Reduction in profits - Reduction in amount of mesne profits from Rs. 70,000 to Rs. 40,000 without
any reason Order not legally sustainable 2009(2) Haryana Law Reporter 37 S.C.
Refund of excess amount High Court directed appellant not to recover the amount illegally paid to
the respondent employees against rules Order set aside The recovery be made in easy installments 2010(1)
Registration - A deed of assignment of lease hold rights requiring registration but not registered - Lease
allowed to continue for number of years - It can be presumed that assignor has accepted the assignee as lessee
2007(1) HRR 205 S.C.
Registration A document compulsorily registrable can be used in evidence for a collateral purpose
though not valid for creating a tenancy 2011(1) Haryana Law Reporter 110 S.C.
Registration - A holder of power of attorney is entitled to present document of registration being
executant of document on behalf of principal even if power of attorney is not registered 2009(2) Haryana Law
Reporter 432 S.C.
Registration Conflicting views given in two judgements of Honble Supreme Court regarding
registration of a document Matter referred to larger Bench for proper adjudication - 2009(1) Haryana Law
Reporter 669 S.C.
Registration - Consent decree regarding immovable property valued more than Rs. 100/- requires
registration in respect of portion of property which is not subject matter of the suit 2008(2) H.R.R. 297 S.C.
Registration - It is settled law that a family settlement of property does not require compulsory
registration Consent decree based upon such settlement is not invalid - 2012(2) Haryana Law Reporter 314
S.C.
Registration - Relationship and mortgagor and mortgagee by registered deed, cannot be changed in
relationship of lessor and lessee by an unregistered document 2008(2) H.R.R. 213 S.C.
Registration - There is presumption that a registered document has been validly executed - Onus to
prove to rebut the presumption lies upon the person who alleges to challenge the same 2008(2) H.R.R. 360
S.C.
Rehabilitation - After rehabilitation of 85 families remained to be rehabilitated as their dislocation was
caused by flood in river Acquisition for rehabilitation u/s 17 of the Act would be a proper step - 2009(1)
Rehabilitation Mere absence of measures of rehabilitation does not render an acquisition invalid 2010(2) Haryana Law Reporter 620 S.C.
Rehearing of appeal - Application for rehearing of appeal on the ground that no notice was served
before passing ex parte order in appeal - Service of notice well established from material on record Application for rehearing dismissed 2007(1) HRR 453 S.C.
Release of land Houses cannot be divided in different categories on the basis of quality of
construction as such procedure is violative of provisions of Constitution Release of constructions of small
landowners ordered - 2013(2) Haryana Law Reporter 400 S.C.
Release of land It is settled law that once land has vested in Government after completion of all
process of acquisition, the land cannot be released under section 48 of the Act - 2013(2) Haryana Law Reporter
204 S.C.
Release of land Land in neighborhood situated in similar conditions was released Acquisition was
made to enrich a private colonizer in the name of public purpose Petitioners land ordered to be released
Release of property - Sisters under Hindu Law can release their interest in joint property in favour of
their brother for love and affection - Transaction is valid 2008(2) H.R.R. 360 S.C.
Relief - Apex Court is empowered under Article 142 to grant appropriate relief where existing law does
not provide appropriate relief in particular situation - 2007(2) HRR 442 S.C.
Relief Plaintiff to seek relief of specific performance of a contract is bound to prove breach of contract
on the part of defendant as well as his own readiness and willingness to perform the contract 2011(1) Haryana
Relief Specific performance could not be executed due to complications, performance of contract
declined Vendor who had received Rs. 28,000 about 35 years back, directed to refund Rs. 5 lacs - 2012(1)
Relief to suffering wife Violence started prior to commencement of Domestic Violence Act, 2005
but continue till start of proceedings Provisions of the Act would apply to proceedings on ground of continuity
of offence Wife granted necessary relief - 2012(1) Haryana Law Reporter 163 S.C.
Remand - Appellate Court after framing fresh issues remanded the matter to trial court for fresh decision
- Remand should be made in rare cases and not as a matter of routine - Order set aside 2008(2) H.R.R. 309
S.C.
Remand Finding qua ownership of plaintiff and adverse possession of defendant based on no evidence
Order set aside Case remanded to High Court for fresh decision - 2009(1) Haryana Law Reporter 185 S.C.
Remand - Main question relating to determination of question of continuous and undisturbed possession
remained undecided - Case remanded to decide issue of adverse possession - 2007(2) HRR 193 S.C.
Remand Merely that defendant did not file his written statement, court should not have passed an ex
parte order without going into the pleading and issue of limitation Case remanded for fresh decision - 2013(2)
Renewal of lease - Lessor refused to renew lease after expiry of 5 years period - A fresh lease deed is
required to be executed - 2007(2) HRR 102 S.C.
Rent and taxes - When rent is payable on monthly basis it cannot be said that taxes are also payable
monthly and not annually or six monthly 2007(1) HRR 4 S.C.
Rent Controller not a Court - If a person gives false evidence before Rent Controller, he cannot
make a complaint under section 340 of Cr. PC because the Rent Controller is not a Court - 2012(1) Haryana
Law Reporter 1 S.C.
Res judicata First suit for eviction on ground of ceased to occupy dismissed in 1998 Second suit
filed in 2001 on the same cause of action is not bared by rule of resjudicata 2011(1) Haryana Law Reporter
599 S.C.
Res judicata Question of title was directly and substantially was involved between the parties in
Res judicata Supreme Court dealt with impugned judgement while deciding SLP upholding the
judgement in which petitioner was a party Second petition on same subject would amount to purview the
earlier order It is not permissible 2011(1) Haryana Law Reporter 573 S.C.
Res judicata Where subject matter in the earlier suits is different than the subject matter of the present
suit, plea of res judicata will not prevail Suit is maintainable - 2013(2) Haryana Law Reporter 13 S.C.
Reserved category A person elected member of Municipal Council from reserved category of BC/SC
is not debarred from contesting election of President which is to be filled from general category It is not
against constitutional mandate - 2009(1) Haryana Law Reporter 620 S.C.
Resettlement - No land can be acquired without payment of adequate compensation and without
marking arrangement of resettlement of ousted person 2013(1) Haryana Law Reporter 235 S.C.
Resiling from admission - Once fact has been admitted in written statement, defendant cannot be
allowed to deny such admission by alleging that it was made under mistaken belief 2008(2) H.R.R. 350 S.C.
Restoration of appeal - Death of brother of applicant/appellant and accident of wife was the reason
for restoration of appeal and condonation of delay Application deserves to be allowed 2009(2) Haryana Law
Reporter 504 S.C.
Retrospective effect - Provisions of Section 100-A of CPC are not retrospective - Appeal preferred
prior to 1.7.2002 are not governed by the amended provisions - L.P.A. filed before 1.7.2002 is maintainable
2007(1) HRR 200 S.C.
Review High Court can review its order u/s 82 Cr.PC when order is based upon fraud - 2008(1) H.R.R.
504 S.C.
Review petition SLP was filed against the order on review petition without challenging the main
order Dismissal of SLP justified - 2013(2) Haryana Law Reporter 73 S.C.
Revision - Application for grant of leave to file suit against Government rejected by trial court - Revision
against Order is maintainable 2007(1) HRR 608 S.C.
Revision - Revision under Section 115 CPC against inter locutory order passed under Order 39 Rules 1
& 2 is not maintainable but revision can be treated as a petition under Article 227 by High Court 2007(1)
HRR 456 S.C.
Revisional jurisdiction - Interference in revision justified only when finding is not based on reappraisal of evidence - 2007(2) HRR 533 S.C.
Revisional power - High Court admitted revision petition subject to deposit of arrears of rent without
granting stay order - Condition of deposit without grant of stay is not legally sustainable 2007(1) HRR 1 S.C.
Revocation - If a probate has been obtained by fraud, the same can be revoked u/s 263 of Succession
Act 2008(2) H.R.R. 177 S.C.
Revocation of Power of Attorney - Sale of property by attorney after revocation of power of
attorney is not legally valid 2008(2) H.R.R. 661 S.C.
Revocation of Will - A testator can invoke a Will during his life time - Later Will will be revoking the
earlier Will and will be probated 2008(2) H.R.R. 177 S.C.
Right of appeal Right of appeal is not a natural right but a substantive statutory right - 2008(1)
H.R.R. 334 S.C.
Right of easement Civil court has jurisdiction to decide the question of right of easement under the
Act Customary law and Tehsildar alone has the jurisdiction cannot prevail on civil jurisdiction - 2012(2)
Right of pre-emption - Right of pre-emption on the basis of co-sharership can be defeated by
improvement of status i.e. becoming co-sharer, by vendee 2008(2) H.R.R. 554 S.C.
Right to information Authorities are not obliged to disclose information if it is likely to invade
privacy or personal life of a person unless its disclosure is in the public interest - 2012(2) Haryana Law
Reporter 391 S.C.
Right to manage a temple or shebaitship - Right to manage a temple or shebaitship can be
transferred by way of will - Validity of Will upheld - 2007(2) HRR 163 S.C.
Rights/duties - Rights of one person enacts duties of other persons - 2013(2) Haryana Law Reporter 247
S.C.
Rules Legislature has independent power of making rules under the RTI Act Court cannot give
directions to frame rules within a prescribed time or in a particular manner But if any Rule is contrary to
provisions of Statute court can strike down such provisions 2013(2) Haryana Law Reporter 631 S.C.
Running of interest - When a portion of decreetal amount is paid, it would be a valid payment Interest ceases to run on amount deposited in the court from the date, decree holder has a notice of the deposit
2008(2) H.R.R. 5 S.C.
S.L.P. Dismissal of SLP in limine does not affirm the reasoning given by the High Court - 2010(2)
Sale in joint house - House owned by husband and wife Husband agreed to sell house without his
consent Decree of specific performance is executable only to the extent of husbands wife in house - 2010(2)
Sale of Shop - Landlord sold other 10 shops before filing petition of eviction on ground of bona fide Mere sale of other shops cannot diminish landlords requirement 2008(2) H.R.R. 639 S.C.
Sanctioned plan Order of eviction passed against tenant with concurrent finding Observations made
by the High Court that order would be executed against sanctioned plan of new building is unjustified - 2013(2)
Sanctity of Panchayat decision - Divorce or dissolution of marriage cannot be granted by any
decision of a Panchayat as it would be in violation of provisions of the Hindu Marriage Act - 2010(2) Haryana
Scope of statutory provision Ad interim injunction granted by the trial court against defendant
Appellate court committed an error in proceeding with the scope of section 53A of the T.P. Act without going
into the effect of the order of interim injunction Order set aside 2013(1) Haryana Law Reporter 661 S.C.
Second appeal General rule of law is that High Court will not interfere with concurrent finding of
courts below but this rule is subject to certain exceptions - 2008(1) H.R.R. 334 S.C.
Second appeal - No substantial question of law was made out from evidence on record in a suit for
recovery of possession Decision of High Court in reversing the finding of court below set aside 2013(1)
Second appeal - Order passed by High Court in second appeal without formulating substantial question
of law Order not legally maintainable 2010(1) Haryana Law Reporter 430 S.C.
Second appeal - Second appeal allowed without formulating substantial question of law - Order suffers
from impropriety - Case remanded 2007(1) HRR 449 S.C.
Secondary evidence - Refusal by court to allow secondary evidence of an old document without
providing opportunity to plaintiff to explain - Order has resulted in injustice to party concerned - 2007(2) HRR
339 S.C.
Secondary evidence - Secondary evidence is admissible only in the absence of primary evidence - It
can given only when better evidence is not available - 2007(2) HRR 8 S.C.
Secondary evidence - The Copy of the original instrument cannot be validated by impounding the
same nor it is admissible as secondary evidence - 2007(2) HRR 669 S.C.
Service of notice - Service of notice u/s 80 (1) CPC is imperative except where immediate relief is
required to be granted by the Court 2007(1) HRR 221 S.C.
Sham transaction Property sold by a registered sale deed Owner alleging that sale was a sham one
Very heavy burden lies upon the owner to prove his contention - 2009(1) Haryana Law Reporter 672 S.C.
Shamlat deh Land described as shamlat patti mentioned as charand being used for common purpose
of the villagers at the commencement Act, 1954 - Land is shamlat deh 2013(1) Haryana Law Reporter 246
S.C.
Shamlat land - A co-owner cannot be granted occupancy tenants right on shamlat land due to long
possession nor his possession more than 12 years as protected u/s 4 (3) (ii) of the Act, 1961 - 2012(2) Haryana
Shifting of business site - Court below dismissed landlords petition on ground of bonafide
requirement as suitable alternative accommodation on upper floor was available Court cannot dictate landlord
to shift his business from ground floor to upper floor Order set aside - 2010(2) Haryana Law Reporter 239
S.C.
Sick unit Tenant company suffered loss in business and ceased to occupy premises without sufficient
reason Keeping of some articles in premises cannot help the interest Subsequent improvement in business of
company does not affect the order of ejectment 2011(1) Haryana Law Reporter 599 S.C.
SLP Article 142 SLP was filed against the order on review petition without challenging the main
order Dismissal of SLP justified - 2013(2) Haryana Law Reporter 73 S.C.
Speaking order Appeal dismissed by High Court by passing a non-speaking order without
considering reasons given by court below Order is not sustainable 2009(2) Haryana Law Reporter 579 S.C.
Specific performance Any party to a contract is at liberty to relinquish or diminish his claim But
such relinquishment should be executable - Where relinquishment was not executable, specific performance of
Contract was declined - 2012(1) Haryana Law Reporter 255 S.C.
Specific performance Expression date used in Article 54 of Schedule is suggestive of a specified
date in calendar It does not depend on intention of parties 2009(2) Haryana Law Reporter 1 S.C.
Specific performance - House owned by husband and wife Husband agreed to sell house without his
consent Decree of specific performance is executable only to the extent of husbands wife in house - 2010(2)
Specific performance - Particular khasra number not forming part of agreement and was alleged to be
added subsequently - Requirement of Section 16 (c) of Act, 1963 not completed - Interference in dismissal of
suit declined - 2007(2) HRR 580 S.C.
Specific performance Plaintiff is entitled to relief of specific performance even in the absence of
provision of specific performance in the agreement But if court has awarded damages, specific performance
not permissible 2011(1) Haryana Law Reporter 81 S.C.
Specific performance Plaintiff should not plead his case of specific performance but also should
prove it by leading necessary evidence 2011(1) Haryana Law Reporter 461 S.C.
Specific performance - Rise in price of property can not be made a ground to deny relief of specific
performance 2007(1) HRR 439 S.C.
Specific performance - Terms and conditions of a valid contract not proved though payment of
advance money established - Refund of advance money with interest justified - 2007(2) HRR 174 S.C.
Specific performance - When time is not the essence of contract, delay of two years in filing suit for
performance is not fatal 2008(2) H.R.R. 357 S.C.
Specific performance of contract Finding of High Court that no plea of readiness and willingness
to perform the contract was raised by plaintiff, was against real fact Impugned order set aside - 2008(1)
H.R.R. 508 S.C.
Specific performance of contract - Plaintiffs suit dismissed for want of pleadings and lack of
evidence which was factually incorrect - Order of dismissal set aside - 2007(2) HRR 674 S.C.
Specific relief Court can grant relief of specific performance even when only provisions of damages
are mentioned in the agreement of sale 2011(1) Haryana Law Reporter 461 S.C.
Specified landlord - Application for leave to contest filed with delay of one day was dismissed as time
barred No error in the order - 2010(2) Haryana Law Reporter 235 S.C.
Specified landlord In summary eviction proceedings, tenant is bound to file his application for leave
to defend with affidavit within 15 days otherwise ejectment of tenant is must 2010(1) Haryana Law Reporter
545 S.C.
Splitting of tenancy Shop consisting of two rooms was given on rent One room was sublet by
tenant before partition of two rooms was affected Eviction from both rooms on ground of subletting is
justified - 2010(2) Haryana Law Reporter 126 S.C.
Stage of amendment - Courts are empowered to allow amendment of pleading at any stage of the
pleading for the sake of removal injustice 2007(1) HRR 694 S.C.
Stamp duty Land of sick industry purchased in open auction for Rs. 24.34 crores Order of Revenue
officer fixing price of land at Rs. 154 crores for purpose of stamp duty u/s 47 of the Act is illegal Order set
aside 2009(2) Haryana Law Reporter 263 S.C.
Stamp duty - Oral agreement converted in written agreement - Agreement deed is an instrument under
section 2 (14) of the Act upon which stamp duty is payable 2008(2) H.R.R. 628 S.C.
Stamp Duty - The Copy of the original instrument cannot be validated by impounding the same nor it is
admissible as secondary evidence - 2007(2) HRR 669 S.C.
Stamp paper Where stamp paper remains unused the value of stamp paper can be refunded by
collector within six months - 2008(1) H.R.R. 602 S.C.
Stamps purchase There is no violation of Stamp Act or Rules by purchasing insurance stamps
outside of a State (UP in present case) Criminal proceedings quashed 2009(2) Haryana Law Reporter 3 S.C.
Starting point of limitation - Limitation does not start from the date when right of ownership arises
to plaintiff but from the date when possession of defendant becomes adverse - 2007(2) HRR 569 S.C.
Statutory body Objections raised in execution proceedings that ground of subletting against a
statutory body is not maintainable Objection raised at stage of finality of decree is not maintainable - 2010(2)
Statutory power Statutory power to exercise power of revision given to the Development Authority
under the policy of allotment Statutory Authority cannot be deprived of its statutory power of revision by
State Govt. by revising the order - 2010(2) Haryana Law Reporter 104 S.C.
Statutory rights - A right of appeal is a statutory right - Appeals filed before 1.7.2002 under Letters
Patent Appeal is maintainable 2007(1) HRR 200 S.C.
Stay If stay is granted against acquisition notified under section 6 of the Act, the entire period of stay
will be excluded in calculation of limitation - 2012(1) Haryana Law Reporter 250 S.C.
Stay of suit Where all the matters in the present suit and earlier suits were not the same, the present
suit cannot be stayed simply that subject of suit was between the same parties - 2013(2) Haryana Law Reporter
13 S.C.
Stay order - Where no stay is granted to revision petitioner condition of deposit of arrear of rent by High
Court is unjustified 2007(1) HRR 1 S.C.
Striking of defence - Tenant failed to deposit arrears as directed by the Rent Controller Reason for
non-deposit not satisfactory Defence of tenant rightly struck out by the Rent Controller 2009(2) Haryana
Sub-letting Exclusive possession of third person is necessary ingredient to be proved by landlord to
prove a case of subletting - 2008(1) H.R.R. 627 S.C.
Sub-letting - Landlord sold property occupied by sub-tenant without consent since long Purchaser is
entitled to evict sub-tenant on ground of subletting as long possession does not constitute a waiver of right 2008(1) H.R.R. 616 S.C.
Sub-letting - Lessee was given land on lease with right to make construction and assign it to third parties
- Decree of possession against lessee is not binding on assignee who have independent status 2007(1) HRR 4
S.C.
Sub-letting Objection raised on the point of subletting during execution of decree which had become
final Objections cannot be raised against a decree which had become final - 2010(2) Haryana Law Reporter
533 S.C.
Sub-letting - Once a ground of ejectment of subletting has accrued, subsequent vacation by sub tenant
cannot deprive landlord of his right of eviction - 2007(2) HRR 518 S.C.
Sub-letting - One of the original tenants became partner of new firm retaining the possession of tenanted
premises - Subletting not proved - 2007(2) HRR 405 S.C.
Sub-letting Question of subletting is a question of law High Court has jurisdiction to go into the
question of subletting whether it was properly decided by court below as per evidence on record - 2009(1)
Sub-letting - Shop consisting of two rooms was given on rent One room was sublet by tenant before
partition of two rooms was affected Eviction from both rooms on ground of subletting is justified - 2010(2)
Sub-letting - Tenant rented the premises to a company in which he had large number of shares - Mere
holding shares in company is not sufficient to prove the case against subletting - 2007(2) HRR 450 S.C.
Subsequent events - Company reducing quantum of paid up share capital to avoid exemption from
Rent Act - Once benefit of exemption has accrued, subsequent events cannot take away such benefit - 2007(2)
HRR 518 S.C.
Subsequent events Courts below passed order of ejectment by ignoring material subsequent events
affecting bona fide requirement of landlord Case remanded to the High Court for fresh decision - 2010(2)
Subsequent events - In a suit for eviction on ground of bona fide requirement, subsequent events
should be taken into consideration by courts - 2007(2) HRR 82 S.C.
Subsequent events Merely that an amendment of suit to include subsequent events may take the suit
out of jurisdiction out of that court, an application for amendment cannot be refused - 2013(2) Haryana Law
Reporter 233 S.C.
Subsequent events - Tenant company suffered loss in business and ceased to occupy premises without
sufficient reason Keeping of some articles in premises cannot help the interest Subsequent improvement in
business of company does not affect the order of ejectment 2011(1) Haryana Law Reporter 599 S.C.
Substantial addition - Substantial additions were made in the constructed building - Date of addition
would be taken as completion of building - 2007(2) HRR 533 S.C.
Substantial justice Procedural defect should not be allowed to defeat a substantial right of litigant
Though this rule is subject to certain exemptions 2009(2) Haryana Law Reporter 27 S.C.
Substantial question in issue Question of title was directly and substantially was involved between
the parties in earlier suit for eviction It would operate as res judicata in a subsequent suit for declaration of
title between same parties - 2010(2) Haryana Law Reporter 285 S.C.
Substantial question of law - A substantial question of law is different from a mere question of law
2007(1) HRR 688 S.C.
Substantial question of law - Appeal decided without deciding substantial question of law Judgment set aside - Case remanded 2008(2) H.R.R. 157 S.C.
Substantial question of law No substantial question of law was made out from evidence on record
in a suit for recovery of possession Decision of High Court in reversing the finding of court below set aside
Substantial question of law Order passed by High Court in second appeal without formulating
substantial question of law Order not legally maintainable 2010(1) Haryana Law Reporter 430 S.C.
Substantial question of law Second appeal cannot be decided without formulating substantial
question of law - 2008(1) H.R.R. 610 S.C.
Substantial question of law - The question whether burden to prove agreement of sale lies on
plaintiff or not is not a substantial question of law - 2007(2) HRR 602 S.C.
Substantial question of law - Where a substantial question of law is involved in the case the court all
formulate that question under section 100 (4) of the Code 2007(1) HRR 171 S.C.
Substantial question of law Where substantial question of law has already been decided by a larger
bench of a High Court or by Supreme Court, such question will not be considered in second appeal - 2008(1)
H.R.R. 334 S.C.
Substituted service - Tenant categorically denied that he had received any notice through substituted
service i.e. Munadi Version of tenant accepted as true Leave to contest granted - 2010(2) Haryana Law
Reporter 435 S.C.
Sub-tenancy Sub-tenant in exclusive possession of premises Sub-letting can be presumed - 2011(2)
Sub-tenancy Tailor with sewing machine helping in tenants cloth business No exclusive possession
with tailor Sub tenancy not proved - 2008(1) H.R.R. 627 S.C.
Succession - A got in inheritance property in 1972 and got his share in partition Son born to A in
1977 has no right to challenge alienation of the property made by A as it is now his personal property 2008(1) H.R.R. 360 S.C.
Sufficient cause - Delay of 589 days in filing appeal was due to sufficient reason given in the appeal
Condonation of delay allowed subject to payment of Rs. 10,000 2010(1) Haryana Law Reporter 9 S.C.
Sufficient cause LRs not brought on record within time Delay of 778 days in filing application but
no sufficient cause for delay shown Abatement of appeal justified - 2010(2) Haryana Law Reporter 610 S.C.
Sufficient reason - Delay of 135 days in filing of special leave petition due to administrative procedure
and heavy work in Law Department Reasons being satisfactory Delay condoned 2009(2) Haryana Law
Reporter 87 S.C.
Suit by so called agent - Plaintiff filed suit for eviction from Trust property without proving that he
was agent of Trust Suit for eviction not maintainable 2010(1) Haryana Law Reporter 376 S.C.
Suit for ejectment by agent Premises let out by agent who continued collecting the rent Agent
cannot file a suit for ejectment unless specifically authorized by owner 2009(2) Haryana Law Reporter 561
S.C.
Suit for eviction Question of title was directly and substantially was involved between the parties in
Suit for partition - Interference under Article 142 to compensate a bona fide purchaser during suit for
partition held to be justified to compensate him due to illegal auction sale of suit property 2007(1) HRR 444
S.C.
Suit for possession Suit for eviction filed by the landlord was dismissed as relationship of landlord
and tenant could not be proved Landlord is entitled to file a suit for possession on the basis of title 2013(1)
Summary eviction Different tenants occupying various portions of demised premises It is not
correct to say that if eviction from one portion has been obtained, ejectment from other portion is against law
because building comprising different tenancies is one unit - 2010(2) Haryana Law Reporter 530 S.C.
Superseded notification Acquisition under a superseded notification is illegal 2013(1) Haryana
Supreme Courts power - Apex Court is empowered under Article 142 to grant appropriate relief
where existing law does not provide appropriate relief in particular situation - 2007(2) HRR 442 S.C.
Surplus area - Declaration of surplus area by relying upon an order declaring land of some other
persons as surplus - Order of High Court relying upon an authority having no concern with appellants, set aside
- 2007(2) HRR 587 S.C.
Surrender of plot Demand for enhanced amount @ 5% instead of 2.5% raised after 2 years and 6
months of surrender of site Demand held to be arbitrary and illegal hence quashed 2010(1) Haryana Law
Reporter 513 S.C.
Suspicious circumstances Will executed in suspicious circumstances by feeble minded testator
Validity not proved as per section 63 of the Succession Act Validity of Will not established - 2010(2) Haryana
Suspicious will - Will executed by an old and ill lady in favour of a stranger who was dominating
position - Will suffers from suspicious circumstances - 2007(2) HRR 182 S.C.
Tailors help - Tailor with sewing machine helping in tenants cloth business No exclusive possession
with tailor Sub tenancy not proved - 2008(1) H.R.R. 627 S.C.
Technical education - Demised shop required for business by landlord- Technical education in
business is not requirement of law when need is bona fide 2008(2) H.R.R. 423 S.C.
Technicalities - Application for calling report of Forensic Laboratory in a civil case was rejected by
trial court Application cannot be rejected on technical grounds Order set aside 2009(2) Haryana Law
Reporter 27 S.C.
Temporary injunction - Injunction against demolition of educational building granted by trial court Interference by Supreme Court declined -However, any new structure was ordered to be stopped 2007(1)
HRR 456 S.C.
Tenancy - A person in unauthorized possession of Panchayat land cannot deemed to be a tenant by
simply paying the rent unless tenancy is created under prescribed law - 2007(2) HRR 149 S.C.
Tenancy by unregistered deed - A document compulsorily registrable can be used in evidence for a
collateral purpose though not valid for creating a tenancy 2011(1) Haryana Law Reporter 110 S.C.
Tenants liability Courts are duty bound to allow landlord to receive rent from tenant as per market
rate prevailing in the locality of adjacent area - 2012(2) Haryana Law Reporter 409 S.C.
Tenants possession - The question whether possession of tenant can be clubbed with possession of
owner remained undecided - Case remanded for fresh decision - 2007(2) HRR 193 S.C.
Tenants Hardship - Tenants hardship cannot be considered if need of landlord is bona fide 2008(2)
H.R.R. 423 S.C.
Tentative price Allotment under Hire Purchase Agreement on tentative price Demand of additional
cost after 7 years in violation of agreement is illegal and unjustified - 2011(2) Haryana Law Reporter 601 S.C.
Tentative price It is a sale price of land determined after taking into consideration compensation paid
to the landowners - 2010(2) Haryana Law Reporter 1 S.C.
Termination of tenancy Section 5 (2) and 7 (g) Period of lease of appellant had expired and
tenancy was not got renewed Lesser rightly terminated tenancy after serving a notice under T.P. Act Relief
declined to the appellant - 2013(2) Haryana Law Reporter 36 S.C.
Terms of family settlement - Main consideration to constitute a family arrangement must be based
upon the element of benefit of family and preservation of piece and honour of family 2008(2) H.R.R. 360 S.C.
Time for appeal - Period of appeal be restricted to 12 days only and it should be decided within 30
days Delay not to be condoned except on rare cases - 2013(2) Haryana Law Reporter 247 S.C.
Title and possession When property sold by way of registered sale deed, purchaser is presumed to be
the owner of property and vendor is bound to deliver the possession - 2009(1) Haryana Law Reporter 672 S.C.
Transfer - Right to mange a temple by way of will is not affected by Section 6(d) of T.P. Act - 2007(2)
HRR 163 S.C.
Transfer of case Imparting of fair justice should be the main purpose of court before ordering transfer
of a case from one court to another - 2008(1) H.R.R. 329 S.C.
Transfer of Panchayat land - Before giving validity to a resolution of Panchayat to transfer its land
approval of Direction is mandatory requirement 2008(2) H.R.R. 393 S.C.
Transfer of property Civil Court decree based upon family settlement to avoid future dispute
Concurrent findings reserved by the High Court Impugned Order set aside as settlement does not amount to
transfer of property - 2012(1) Haryana Law Reporter 117 S.C.
Transfer of property - Transfer of property granted by husband challenged by wife who died during
pendency of litigation - S. 43 of T.P. Act is attracted as husband was the only legal heir - S. 41 not applicable
2007(1) HRR 459 S.C.
Tribal issues - Where issues are triable, appeal cannot be dismissed summarily without passing a
speaking order 2008(2) H.R.R. 173 S.C.
Two Remedies - Two kinds of remedy of eviction under different provisions of law available to
landlord - Either of the remedy can be availed by landlord 2008(2) H.R.R. 639 S.C.
Unauthorised construction A building constructed after sanction of plan cannot be called
unauthorized Corporation directed to restore the demolished construction with costs - 2009(1) Haryana Law
Reporter 1 S.C.
Unauthorised construction Unauthorized construction on land by petitioner He cannot claim
release of land saying that it is not a built area - 2012(2) Haryana Law Reporter 218 S.C.
Unauthorised possession - A person in unauthorized possession of Panchayat land cannot deemed to
be a tenant by simply paying the rent unless tenancy is created under prescribed law - 2007(2) HRR 149 S.C.
Unauthorised possession Accused refused to vacate service quarter after retirement and remained in
possession for 18 years Accused directed to vacate the same or suffer imprisonment of one year with fine of
Rs. 10,000 2011(1) Haryana Law Reporter 199 S.C.
Unauthorised possession - Appellant occupied land of village pond which is governed by the Gram
Panchayat No approval of panchayat obtained Eviction of appellant is justified as it is unauthorized
possession in violation of the Punjab Village Common Lands Act 2011(1) Haryana Law Reporter 212 S.C.
Unauthorised possession - It is incumbent upon Estate Officer to provide opportunity to person
concerned to produce necessary evidence in support of his possession on alleged public premises 2008(2)
H.R.R. 404 S.C.
Unauthorised possession - Land belonging to Cantonment Board leased to respondent for two years
Possession of an occupant after expiry of 2 years became unauthorized on public premises Ejectment upheld 2011(2) Haryana Law Reporter 1 S.C.
Unconditional apology Grant of license despite order of status quo No allotment made
Unqualified and unconditional apology if made bona fide should not be rejected - 2013(2) Haryana Law
Reporter 513 S.C.
Undertaking Tenant claimed compensation for improvement on premises contrary to the undertaking
given by him in this regard Claim for improvement not maintainable 2009(2) Haryana Law Reporter 563
S.C.
Urgency Land acquired already for STP remained unused showing that there was no urgency
Vague and evasive denial - Even a vague and evasive denial of a fact by defendant may be treated as
an admission in favour of plaintiff 2008(2) H.R.R. 350 S.C.
Validity of a Will - If part of a Will is invalid which is severable from other part, the entire document
need not be invalidated 2008(2) H.R.R. 317 S.C.
Validity of contract - Terms and conditions of a valid contract not proved though payment of advance
money established - Refund of advance money with interest justified - 2007(2) HRR 174 S.C.
Validity of decree - Plaintiffs request seeking exemption from bringing LRs of deceased defendant
on record allowed Decree would be valid only if exemption is claimed before pronouncement of judgement
Validity of order - Order of Rent Controller ordering tenants eviction based upon cogent evidence
Need rightly held as bona fide Renewal of a reasonable order unjustified - 2012(2) Haryana Law Reporter 223
S.C.
Validity of RTI Act Provisions of sections 12 & 5 of the RTI Act, 2005 are constitutionally valid
But basic degree and experience of appointee are necessary condition Also he should not remain on seat of
any other office of protest - 2012(2) Haryana Law Reporter 495 S.C.
Valuation of land Price in 1970 was assessed at Rs. 39/- It should be at 48/- for land sold in 1973
Value of land - Compensation of land under acquisition if under tenants, its compensation cannot be
Vesting of right Where rights of property vested in Government has been transferred to Government
Company The company cannot be deemed to be government Suit against company is maintainable 2011(2) Haryana Law Reporter 477 S.C.
Violation of legal provisions State Government acquired appellants land by ignoring report of the
Collector Provisions of sections 4, 5, 5-A and 6 also violated as publication of notification was not legally
proper Notification of acquisition set aside 2013(1) Haryana Law Reporter 515 S.C.
Violation of Regulations Allotment under Hire Purchase Agreement on tentative price Demand of
additional cost after 7 years in violation of agreement is illegal and unjustified - 2011(2) Haryana Law Reporter
601 S.C.
Waiver - No objection raised by State in written statement about non issuance of notice u/s 80 - State
deemed to have waived its objection 2007(1) HRR 221 S.C.
Waiver Service of six months notice to tenant is mandatory requirement of law under the Rent Act
But tenant can waive the condition of notice 2009(2) Haryana Law Reporter 595 S.C.
Waiver of right Landlord sold property occupied by sub-tenant without consent since long
Purchaser is entitled to evict sub-tenant on ground of subletting as long possession does not constitute a waiver
of right - 2008(1) H.R.R. 616 S.C.
Wakf property Eviction of tenant occupying wakf property can be ordered only by Civil Court and
not by Wakf Tribunal - 2010(2) Haryana Law Reporter 446 S.C.
Welfare of minors Welfare of children is main consideration to decide the question of their custody
with parents - 2012(1) Haryana Law Reporter 8 S.C.
Will Bequeathing of an ancestral property by male Hindu under a Will is not barred 2010(1) Haryana
Will - Endorsed certificate in will that it was written by clerk of advocate found missing in certified copy
of Registered Will - But present in Xerox copy - Xerox copy seems to be doubtful - 2007(2) HRR 182 S.C.
Will - Half portion of house was given by testator in favour of his sister by way of a Will - Sister is
entitled to seek partition of house which is confined to her life time only 2008(2) H.R.R. 317 S.C.
Will Will executed in suspicious circumstances by feeble minded testator Validity not proved as per
section 63 of the Succession Act Validity of Will not established - 2010(2) Haryana Law Reporter 181 S.C.
Will/inheritance Issue of succession and Will rightly decided by the High Court as per evidence on
record Interference in Civil Appeal being question of fact is not warranted Appeal dismissed 2013(1)
Willing to perform - Holder of power of attorney cannot give evidence on behalf of the plaintiff to
prove that plaintiff was ready and willing to perform the contract as it is in the knowledge of plaintiff only
Winding up of Company - After decree of ejectment against company suit for winding up of the
company is not proper remedy But a suit for recovery of arrears should be filed 2013(1) Haryana Law
Reporter 196 S.C.
Withdrawal of appeal The Appellate Court allowing withdrawal of appeal can extend the date of
interim relief in its inherent powers - 2013(2) Haryana Law Reporter 296 S.C.
Withdrawal of suit Where first suit is not filed with sufficient court fees Second suit with
sufficient court fees can be filed without withdrawing first suit - 2008(1) H.R.R. 621 S.C.
Words and phrases Act Act employed in Rules 1 and 2 of Order 3 CPC is confined to act of
Attorney and not act of Principal 2011(1) Haryana Law Reporter 81 S.C.
Words and phrases Fixed Fixed in essence means having final character, which is not subject to
change or fluctuation 2009(2) Haryana Law Reporter 1 S.C.
Words and phrases - Appropriation - Appropriation is an act of setting apart or assigning a thing to
particular person to the exclusion of others 2008(2) H.R.R. 5 S.C.
Words and Phrases - The Phrases of his own use includes the requirement of landlords son who
wanted to start his business in the premises 2008(2) H.R.R. 493 S.C.
Words and phrases - The word shall and may are not always used in the meaning of mandatory or
directory sense - These words should be interpreted by looking in the intention of the legislature in a provision
2008(2) H.R.R. 309 S.C.
Words and phrases - There is distinction between the meaning of two expressions ancillary and
incidental as provided in Section 115 CPC 2007(1) HRR 1 S.C.
Writ jurisdiction High Court should not decide a finding of fact of lower authority like an appellate
court while exercising its power under Article 227 of the Constitution Order set aside - 2013(2) Haryana Law
Reporter 291 S.C.
Writ petition Simply that writ petitioner has challenged a demand for cost of development works is
beyond the scope of statutory provision, it cannot be said that writ petition is not maintainable - 2009(1)
Writ petition - Writ petition against acquisition after delivery of possession of acquired land is not
maintainable - 2008(1) H.R.R. 344 S.C.
Written Statement - Accepting written statement fixed after time fixed for payment of cost is illegal
2007(1) HRR 679 S.C.
Written statement - In a suit for partition appellants had purchased share of other co sharers Appellants are entitled to be impleaded as party and file their written statement - 2007(2) HRR 612 S.C.
Written statement - LRs of deceased seller are entitled to file additional written statement in a suit for
specific performance - 2007(2) HRR 548 S.C.
Written statement - Sufficient reason given by appellant for not complying order of High Court
regarding filing of written statement - Rejection off application by High Court is not justified - 2007(2) HRR
171 S.C.
***
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