Can a tenent apply for shop rennovation under section 151 of CPC during eviction suit and what can be the out come in favour of tenent .
1 Answer from Attorneys
Dear Sir / Madam,
Section 151. Saving of inherent powers of Court.
Nothing in this Code shall be deemed to limit or otherwise affect the inherent power of the Court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the Court.
(i) Inherent powers cannot be exercised so as to nullify provisions of the Code. When Court deals expressly with a particular matter, the provisions should normally be regarded as exhaustive; National Institute of Mental Health and Neuro-Science v. C. Parameshwara, AIR 2005 SC 242.
(ii) Recourse to inherent powers in face of or in conflict with specific provision of statute is not permissible. Inherent power cannot be exercised to nullify effect of any statutory provisions; Abdul Rahim Attar v. Atul Ambalal Barot; AIR 2005 Mumbai 120.
As is clear from the above, no change in status co is permitted as per the Law.
Related Questions & Answers
We are a tenent in a shop since 1964 but we do not have any document for it .OUR... Asked 6/19/13, 5:01 am in India Landlord & Tenants
Sir as per Andhra pradesh state tenancy law,if the tenants stay for more than 10... Asked 6/18/13, 10:11 pm in India Landlord & Tenants
Sir,I heard that if the tenants stay for more than 10years as per the act they will... Asked 6/18/13, 12:21 pm in India Landlord & Tenants
Have a Property in Delhi which is lease hold, can I execute a Registered Rent... Asked 6/18/13, 3:03 am in India Landlord & Tenants
Sir or madam, I am the owner of my house .I want give on rental basis.I want to make... Asked 6/18/13, 12:21 am in India Landlord & Tenants