Residential Accommodation - Law Dictionary Search Results
Home Dictionary Name: residential accommodationResidential 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 ...
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)]...
Residential 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....
Required
Required, the word 'required' signifies that mere desire on the part of the landlord is not enough but there should be an element of need and the landlord must show - the burden being upon him - that he genuinely requires the non-residential accommodation for the purpose of starting or continuing his own business, Mattulal v. Radhey Lal, AIR 1974 SC 1596 (1603): (1974) 2 SCC 365. [M.P. Accommodation Control Act, 1961 s. 12(1)(f)]...
Shop-cum-flat
Shop-cum-flat, the expression 'shop-cum-flat' does not always mean that the ground floor of the building is meant for shops and the first and the higher floors are residential accommodation in the building. The correct approach would be to refer to the context in which the expression appears and then construe it , Shabir Ahmad v. Sham Lal, AIR 2002 SC 1036 (1039): (2002) 3 SCC 118....
Additional accommodation
Additional accommodation, takes in both residential as well as non-residential building, Davis v. Sebastian, (1999) 6 SCC 604....
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