Showing : 21-30 of 216 Results

HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Himachal Pradesh Urban Rent Control Act, 1987, Section 14(2)(iii)-- Eviction - Material alterations - Onus is on landlord to prove - It is landlord who has to prove that alterations carried out by tenant have materially impaired the value and utility of the premises - Value and utility has to be seen from the perspective of landlord which has to be substantiated..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Himachal Pradesh Urban Rent Control Act, 1987, Section 14(2)(i), (v)-- Eviction petition - Cased to occupy - Tenant without any reasonable cause ceased to occupy demised premises continuously for a period of 12 months prior to filing of petition - No evidence on record that during that period, tenants actually resided in tenanted premises which they could lead by..........
HYDERABAD HIGH COURT
Year of decision: 2016
Details
Transfer of Property Act, 1882, Section 105-- Lease - Non-payment of rent - Plaintiff being a lease holder of suit property sub let the property to defendant with permission of original lessor - Prima facie relationship of landlord and tenant had established between plaintiff and defendant - Mere plea of voluntarily attornment to original..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
East Punjab Urban Rent Restriction Act, 1949, Section 13B-- Eviction - NRI landlord - Leave to defend - Defence of tenant is that requirement of landlord not bonafide and he is interested in increasing the rent - However, landlord in his notice clearly stated that amount of rent was substantially lower than market rent and as such taxes and charges..........
DELHI HIGH COURT
Year of decision: 2016
Details
Delhi Rent Control Act, 1958, Section 19, 38-- Rent and eviction - Suit for possession by landlord - Power of Rent Control Tribunal - Power is though limited to substantial question of law, but where finding is based on no evidence or relevant and admissible evidence is not taken into consideration or legal principles wrongly applied or..........
CALCUTTA HIGH COURT
Year of decision: 2016
Details
West Bengal Premises Tenancy act, 1956, Section 17(2), 17(3), Constitution of India, 1950, Article 227-- Rent and eviction - Recovery of possession - While disposing application u/s 17(2) of the Act, Court shall be careful to find out whether relationship of landlord and tenant exists between parties or not - However, in the instant case, trial Court ignored this main issue while disposing..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Himachal Pradesh Tenancy and Land Reforms Act, 1972, Section 14-- Eviction - Non-payment of rent - Payment of rent to Rent Controller instead of Landlord is not a valid payment, as neither any intimation was sent to landlord nor any request was made for withdrawal of same - It is only after expiry of statutory period of 30 days, when landlord filed an..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
East Punjab Urban Rent Restriction Act, 1949, Section 13-- Eviction - Landlord required the premises to run a hotel to settle his son - There is a presumption that landlord has bonafide need of the premises in question - It is for the tenant to rebut the same but tenant failed to do so - Merely by saying that landlord is selling one portion, it cannot be..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of written statement - Eviction suit - Amendment sought based on subsequent event when plaintiff refused to accept the amount sent by defendant and denied the relationship of landlord and tenant between parties - Said amendment clearly appears to be an attempt to create evidence during..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
East Punjab Urban Rent Restriction Act, 1949, Section 13-- Eviction - Landlord required the premises for his son for opening a gym - Non-disclosure of other properties - Landlord is exclusive owner of demised premises, while other properties are jointly owned by his other family members - Non-disclosure of said properties held not fatal to the case of..........

Showing : 21-30 of 216 Results