DELHI HIGH COURT
Year of decision: 2013
Details
Delhi Rent Control Act, 1958, Section 14(1)(e), 25B(8)-- Eviction - Bona fide requirement - Leave to defend - Petitioner/tenant has not disputed relationship of landlord and tenant - He failed to raise any triable issue even if face value of grounds was to be taken as correct - Held, leave to defend rightly declined - Eviction proper - Revision..........
DELHI HIGH COURT
Year of decision: 2013
Details
Delhi Rent Control Act, 1958, Section 14(1)(e)-- Eviction - Bona fide requirement - Held, in order to succeed in a petition for eviction, landlord must establish that he/she is owner and landlord in respect of tenanted premises and landlord requires premises bonafidely for himself/herself or for any member of his/her family dependent upon..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Order 6, Rule 17-- Eviction petition - Amendment of written statement for withdrawal of admission - By moving application for amendment, petitioner-tenant wants to negate benefit accrued to respondent-landlady on basis of earlier defence taken by him - Held, a right has accrued to landlady to evict petitioner on..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
East Punjab Urban Rent Restriction Act, 1949, Section 13B-- Eviction - N.R.I. Landlord - Bona fide need - Leave to defend - Landlord earlier filed eviction petition u/s.13B of the Act - Rent Controller granted leave to defend to tenant - Landlord challenged said order before High Court - On request of landlord, main eviction petition filed by him u/s.13-B..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
East Punjab Urban Rent Restriction Act, 1949, Section 13B-- Eviction - N.R.I. Landlord - Bona fide need - Leave to defend - Contention of petitioner/tenant that need of landlord is not bona fide as he will not be able to set up his business in demised premises which consists of a small area - Held, landlord is the best judge of his needs and tenant cannot..........
DELHI HIGH COURT
Year of decision: 2013
Details
Delhi Rent Control Act, 1958, Section 14(1)(e), 25B- - Eviction - Bona fide requirement - Leave to defend - There are 14 members of respondents'/landlords' family and many relatives often visit disputed premises - One of the son is residing in another property - Petitioners/tenants have failed to raise any triable issue - Respondent have established..........
DELHI HIGH COURT
Year of decision: 2013
Details
Delhi Rent Control Act, 1958, Section 14(1)(e), 25B(8)-- Eviction - Bona fide requirement - Respondent seeking prayer to evict tenant on ground floor of bonafide requirement for starting business for herself in absence of disclosing complete accommodation of three floors even by not filing complete site plan - Respondent has got more than reasonably..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
East Punjab Urban Rent Restriction Act, 1949, Section 13B-- Eviction - N.R.I. Landlord - Bona fide need - Held, in a petition filed u/s.13-B of the Act, on fulfilling conditions of being NRI, a presumption is to be drawn in favour of landlord with regard to his bona fide need and such a presumption can be dispelled only by making a strong case by placing..........
DELHI HIGH COURT
Year of decision: 2013
Details
Delhi Rent Control Act, 1958, Section 14(1)(e)-- Eviction proceedings - Burden of proof - Held, initial onus to establish ground of eviction as contained in eviction petition is on landlord as it is the landlord who is pleading an exception in form of eviction proceedings under the Act...........
DELHI HIGH COURT
Year of decision: 2013
Details
Delhi Rent Control Act, 1958, Section 14(1)(e)-- Eviction - Bona fide requirement - Leave to defend - Held, it is not a thumb rule in every case that application for leave to defend must be refused by desires of landlord otherwise, tenants would lose statutory protection - Application for leave to defend must be judged and decided on case to..........