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Wednesday, March 10, 2010

Tenancy--Termination of--Notice

2010(1) LAW HERALD (P&H) 201
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice Sham Sunder
R.S.A. No.3595 of 2008
Ashu Kumar
v.
Smt. Narender Kumari
{Decided on 11/08/2009}
For the Appellant: Mr. Anurag Jain, Advocate.
For the Respondent: Mr. Pankaj Midha, Advocate.
(A) Haryana Urban Control of Rent & Eviction Act --Tenancy--Termination of--Notice--Shop in question constructed within 10 years when suit was filed--Is exempted from purview of Rent Act--No illegality in notice terminating tenancy--Suit for possession rightly decreed. (P.13 & 15)
(B) Haryana Urban Control of Rent & Eviction Act --Arrear of rent--Rent claimed tendered voluntarily by tenant--Cannot be recovered from landlord on ground that rent for a period of three years could only be claimed. (P.14)