Showing : 51-60 of 829 Results

SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of pleadings - Amendment of eviction petition allowed, viz. (i) proposed amendment does not change the nature of suit; (ii) amendment does not introduce any fresh cause of action; (iii) amendment is relevant for deciding the question of subletting and availability of alternative..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of eviction petition - Amendment sought by landlord only to elaborate his ground of bonafide requirement - Amendment will only help Rent Controller to come to valid conclusion as to whether requirement is justified and bona fide - Evidence not yet complete and no prejudice will be caused..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Delhi Rent Control Act, 1958, Section 14, 25B(4)-- Eviction petition - Leave to contest - If Authority/Court finds that grounds raised prima facie disclose defence, which, if accepted may result in no, suiting landlord from claiming eviction, tenant is entitled to obtain leave to contest eviction proceedings on merits - Authority/Court is not..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 14-- Eviction - Bona fide requirement - Landlord wanted to settle in suit property after his retirement - Need of landlord is genuine - Tenant cannot dictate as to which property should landlord use - It was for landlord to decide which property he requires - Being co-owner landlord has right to seek..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Rent and eviction-- Sub-letting - Tenant sub-let the premises in question to his so, i, law for doing business under a partnership agreement - No consent in writing was obtained by tenant from landlord before sub letting the premises - Occupation of shop by so, i, law of tenant amounts to sub-letting and liable for..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13, Civil Procedure Code, 1908-- Rent and Eviction - Material alternation - Amendment of plaint - If during period of litigation, tenant has further materially altered premises, it would be within legal right of landlord to bring necessary facts to the notice of Court - It would not be fair in such circumstances to relegate..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(ia)-- Rent and eviction - Bonafide requirement - Landlord is best judge of his needs - Tenant cannot dictate his terms with regard to suitability of accommodation - Requirement has to been from perspective of landlord and not from that of tenant...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(ia)-- Rent and eviction - Bonafide requirement - Landlord is 74 years of age, not keeping good health and has failing eye sight - No ground for judging bonafides of landlord, especially when landlord has already shown his intention and purpose of starting business which is not required to be proved -..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(ia)-- Rent and eviction - Bonafide requirement - Merely because sons of landlord are settled in USA and doing well is no ground to doubt bonafides of landlord...........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 151, Order 21, Rule 97-- Execution - Eviction - Plea of ownership - Suit already pending with regard to legal status wherein decree holder also impleaded as a party - Said suit shall take its own course - Moreover, it is surprising that in execution proceedings relating to eviction decree, how could the petitioner be..........

Showing : 51-60 of 829 Results