Showing : 71-80 of 829 Results

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 13(2)(ii)(a)-- Eviction - Sub-letting - Tenants failed to prove that petitioner no.3 was an HUF concern but there was a business owned by immediate family member of a family to have different firms for purposes of tax and onus is on landlord not only to prove the parting of possession but also that it was for..........
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..........
MADRAS HIGH COURT
Year of decision: 2016
Details
Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, Section 10(3)(a)(iii)-- Rent and eviction - Bonafide requirement - Premises required by landlord for establishing his son in business - Appellate authority declined landlords claims on ground that business of elder brother is totally different from business to be started by his younger son - Bonafide need of landlord..........
MADRAS HIGH COURT
Year of decision: 2016
Details
Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, Section 10(3)(a)(iii)-- Rent and eviction - Bonafide requirement - Premises required by landlord for establishing his son in business - Appellate authority declined landlords claims on ground that business of elder brother is totally different from business to be started by his younger son - Contention that goods to be..........
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..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 1(3), Transfer of Property Act, 1882, Section 106, 125-- Eviction - Mesne profit - Interest - After rate of contractual rent comes to an end on eviction order being passed, tenant is liable to pay mesne profits - However, it is for Courts to make balance between mesne profits at market rates and reasonable compensation assessed at real value of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 1(3), Transfer of Property Act, 1882, Section 106, 125-- Eviction - Mesne profit - From date of eviction order - Delay in filing application - Landlord would be entitled to reasonable compensation from date of eviction order where application is moved without inordinate delay - Otherwise, he would be entitled to mesne profits only for 3 years preceding..........

Showing : 71-80 of 829 Results