Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction petition - Leave to defend - Bonafide necessity - Additional accommodation - Merely because it is a case of additional accommodation does not imply that leave to defend has to be granted without any further examination...........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction petition - Bonafide need - Alternative accommodation - Leave to defend - Explanation given by landlord is not on record in these proceedings and accordingly it becomes a matter of trial and it would be appropriate for parties to lead evidence and establish as to whether landlord has any additional alternative..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Eviction petition - Material alteration - Wall admittedly removed by tenant is one separating two shops - Identity of property is clearly lost - It is indeed a material alterations which has led to impairment of value of property in question - No infirmity, illegality in order passed - Eviction order..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B, 18A -- Eviction petition - NRI landlord - `M' was appointed to serve as a Trustee - After death of `M`s' husband she was the Trustee - `M' is willing and capable to pursuing interest of Trustee - In these circumstances, it cannot be said that `M' had no locus-standi to file eviction petition - In any case, the..........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction petition - Co-owners - Maintainability of petition - Bonafide necessity - Eviction petition is maintainable by one of co-owners and landlord does not have to prove absolute ownership but has to show a better title - Thus, eviction petition is maintainable - Further, need as projected by landlord is bonafide and..........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14(2)(v) -- Rent and eviction - Non use of tenanted premises - In order to come to conclusion as to whether tenant has ceased to occupy premises 12 months prior to filing of eviction petition, one would essentially be required to discuss evidence that was led by parties not only at time when issues were framed by Rent..........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14(2)(v) -- Rent and eviction - Non use of tenanted premises - Burden of proof - Initial burden to show that tenant has ceased to occupy building continuously for 12 months is always on landlord -Landlord has to adduce tangible evidence to prove fact that as on date of filing petition, tenant was not occupying building..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Photocopy of an attested copy of rent note - Eviction suit - No averment in eviction petition as to existence of a rent note, nor is there any mention that rent note was in existence - Therefore, without there being a pleading in regard to existence of a document, no secondary evidence can be adduced to prove existence..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B, Punjab Rent Act, 1995, Section 3(1)(a), 75(2) -- NRI landlord - Eviction petition u/s 13-B of the Act instead of Punjab Rent Act - Amended Act of 1995 not applicable in the cases in which premises were rented out prior 30.11.2013 - Moreover, cases of NRI filed under the 1949 Act were protected by S.75(2) of 1995..........
East Punjab Urban Rent Restriction (Extension to Chandigarh) Act, 1974, Section 13 -- Eviction petition - Arrears of rent - Tenant himself agreed to pay in writing vide compromise to pay Rs.1.50 lakh p.m as rent - Therefore, he cannot be permitted wriggle out from same on cryptic and false pleas that landlord did not sign necessary papers for conversion of basement and..........
