Residential - Law Dictionary Search Results
Home Dictionary Name: residentialResidential premises
Residential premises, 'residential premises' are not only those which are let out for residential purposes nor does the expression cover all kinds of structures where humans may manage to dwell. The art of building is advanced far enough to make a building serve a residential, commercial or other use. Whatever is suitable or adaptable for residential uses, even by making some changes, can be designated 'residential accommodation', Busching Schmitz (P) Ltd. v. P.T. Menghani, AIR 1977 SC 1569 (1576): (1977) 2 SCC 835: (1977) 3 SCR 312.Residential premises are not only plots which are let out for residential purposes nor do all kinds of structures where humans may manage to dwell are residential. Use or purpose of the letting is no conclusive test. Whatever is suitable or adaptable for residential use, even by making some changes, can be designated residential premises, S.P. Jain v. Krishna Madan Gupta, AIR 1987 SC 222 (227): (1987) 1 SCC 191....
Residential accommodation
Residential accommodation, simply means that the accommodation should be capable of being used as a residence or should have been built as a residence. Even if a portion of the accommodation is being used by the tenant as his office, this would merely mean the purpose other than residential, but would not convert a residential accommoda-tion into a non-residential accommodation, P.N. Karkhanis v. P.N. Chopra, 1977 RCJ 560.Residential accommodation, the expression 'residen-tial' qualifies the word 'accommodation' and the former is clearly descriptive of the latter. The expression, therefore, clearly denotes the purpose for which the premises was built, the use to which it was intended to be put and the category to which it belongs. It is used in contradistinction to a shop or a house of business. Whether an accommodation is residential or not would, therefore, depend on these factors and the purpose for which it was let out to a particular tenant or the actual use to which it is put or ...
Premises let for residential purposes
Premises let for residential purposes, the premises let for residential purposes should be construed liberally and not technically or narrowly; meaning thereby, where the premises are solely let for residential purposes they are undoubtedly covered by s. 14(1) (e) but even when the premises are let out for composite or mixed purposes if the predominant or main purpose of letting is for residential purposes, the same would be included within the expression 'the premises let for residential purposes.' An incidental, a secondary or unauthorized user of the premises for purposes other than residence would not take the premises out of the meaning of the expression 'the premises let for residential purposes', Precision Steel and Engineering Works v. Prem Deva etc., AIR 2003 SC 650 (654): (2003) 2 SCC 236. [Delhi Rent Control Act, 1958, s. 14(1)(e) and Explanation 1]...
Residential house
Residential house, must be treated as including a flat constructed above the commercial plot on the ground floor. This will be so even if originally the plot was allotted for commercial purposes, if incidentally construction of residential plot above the ground floor, commercial plot is permitted as per the plans, Chandigarh Housing Board v. Narinder Kaur Makol, AIR 2000 SC 2616Residential house, includes flats constructed over commercial premises on ground floor, Chandigarh Housing Board v. Narinder Kaur Makal, (2000) 6 SCC 415: AIR 2000 SC 2616....
Residential
Of or pertaining to a residence or residents as residential trade a residential part of town...
Main residential house
Main residential house, the 'main residential house' means the entire building, a part only of which is in the occupation of the person, Ude Bhan v. Kapoor Chand, AIR 1967 Punj 53....
Residential occupier
Residential occupier, means a person who resides or is usually resident in premises used for the purposes of a private dwelling, and having at the relevant date a rateable value not exceeding the specified limit, and who (1) is the occupier of the hereditament which consists of or includes the premises, or (2) is not the occupier of the hereditament which consists of or includes the premises but pays the rates chargeable in respect of the hereditament for the rebate period concerned, and is the spouse or former spouse of a person who is the occupier of the hereditament but does not reside and is not usually resident there, or (3) is not occupier of the hereditament which consists of or includes the premises, but make payments by way of rent in respect of the premises to the occupier of the hereditament or to any other person who is himself a residential occupier, Halsbury's Laws of England, 4th Edn., Vol. 39, p. 173, p. 196....
Accommodation
Accommodation, the word 'accommodation' takes in both residential as well as non-residential building or part of a building. In s. 12 (1) (e) and (f), the expressions 'accommodation let for residential purposes' and 'accommodation let for non-residential purposes' are used distinctly in clear and unmistakable terms, Prem Narayan Barchhiha v. Kakmuddin Saifi, AIR 1999 SC 2450 (2452): (1999) 6 SCC 381. [M.P. Accomodation Central Act, 1961 (41 of 1961) ss. 12(1)(f), 2(a)]...
Building
Building, defined by Lord Esher in Moir v. Williams, (1892) 1 QB 270, as an inclosure of brick or stone covered by a roof, and said by Park, J., in R. v. Gregory, (1833) 5 B. & Ad. At p. 561, not to include a wall; but the definition depends on circumstances, and may include a reservoir, Moran v. Marsland, (1909) 1 KB 744. The London Building Act, 1930 (20 & 21 Geo. 5, c. clviii.), has no definition. The term 'new building' was defined in s. 23 of the (English) Public Health Acts Amendment Act,1907 (c. 53) (now repealed); and see also Southend-on-Sea Corporation v. Archer, (1901) 70 LJ KB 328; South Shields Corporation v. Wilson, (1901) 84 LT 267. An old railway carriage will be a 'new building' if the interior arrangements are altered, Hanrahan v. Leigh Urban Council, (1909) 2 KB 257. An advertisement hoarding is a building within a restrictive covenant, Nussey v. Provincial Bill Posting Co., (1909) 1 Ch 734; Stevens v. Willing & Co. Ltd., 1929 WN 53. See also Paddington Corporation v...
Occupy
Occupy, The word 'occupy' used in Rule 10(a) is not restricted either expressly or by anything contained in the context of the rule suggesting that the occupation is to be only for residential purposes, and in the absence of any such implication the rule must be deemed to be of general application i.e. it applies to uses non-residential as well as residential, Corporation of the City of Nagpur v. Nagpur Handloom Cloth Market Co. Ltd., AIR 1963 SC 1192 (1197): (1963) 2 Supp SCR 796. [City of Nagpur Corporation Act, 1950 (2 of 1950)]In order to be in occupation of the demised premises, physical possession of the tenant therein is not an essential requisite for avoiding the penal con-sequences of ejectment, Buta Ram v. Balwant Singh, AIR 1989 P&H 17 (20)....
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