Rent and Eviction -- Bonafide need - Requirement of landlord has to be seen on the date of petition - Subsequent events can be taken into consideration for moulding the relief provided such events had a material impact on those rights and obligations...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(2)(iii) -- Alterations - Level of road in front of shop higher than the base floor - Rain water used to enter into the shop - By raising floor level of the shop the value and utility of the shop is enhanced - Tenant not liable to eviction...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i), Transfer of Property Act, 1882, Section 111(g) -- Lease in perpetuity - No forfeiture clause - Once there is lease in perpetuity between the parties landlord can't seek eviction during pendency of lease - Where a lease deed does not contain a forfeiture clause contractual tenancy under TPA continues - Held,..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Eviction - Bonafide necessity - Subsequent events - Landlady filed a petition for eviction on ground of bonafide necessity - On her death her legal heirs sold the suit premises - Held, that there was no evidence on record that present owners of the suit property had bonafide necessary - Eviction on the..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i), Civil Procedure Code, 1908, Order 1, Rule 10 -- Eviction petition on ground of bonafide necessity - Sub-tenant is not a necessary party - Held, that in a petition for eviction of tenant on the ground of sub letting, sub tenant is not a necessary party although he might be in possession of demised premises -..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(a) -- Bona fide requirement - To be construed liberally - Premises can be got vacated not only for own dependents but also for the persons on whom the landlord is dependent - In the instant case eviction order passed as the premises was required to open a beauty parlour by son's wife...........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Bonafide requirement - Where landlord is living on first floor and he wanted ground floor accommodation for car parking, then it amounts to bonafide requirement as person parking his car outside on the road and if he considers that his car is not safe on the road, he can always ask for premises for car parking from tenant...........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Rent and eviction - Bonafide requirement - Landlord can evict tenant for the need his married daughter and her husband where daughter wanted to live with her parents in parents house and parents also want to live with daughter in their old age - Therefore, married daughter can be dependent upon parents for her residential..........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Rent and eviction - Bonafide requirement - Landlord a Reiki Expert - Landlord needed a study room for his writing work and for yoga and Reiki classes, need held, bonafide...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(2)(ii)(a) -- Sub letting - Brothers of tenant in exclusive possession of shop - Tenant contended that brothers are running business alongwith him in partnership - Evidence that the share of tenant is only 20% - Tenant did not produce account book, bank account, contribution of share capital and distribution..........
