East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Eviction petition - Leave to defend - It is apparent that previous tenancy on first floor was never pleaded in application for leave to defend - Still further, in absence of any material that accommodation on first floor is sufficient, leave to defend cannot be granted - Still further, landlord cannot be forced..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Eviction petition - Leave to defend - Tenants have not produced any material to show that premises was let out to electronic security systems - Rather landlord has produced rent deed to prove that separate portions were let out to petitioners herein, who are two brothers - Hence, even if rent has been paid for..........
Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, Section 10 -- Eviction petition - Dismissal of - Since landlord himself categorically admitted that he is having several residential as well as non-residential properties in and around, therefore, landlord failed to prove his bonafide requirement - Both Court below rightly dismissed eviction petition on ground of..........
Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, Section 10 -- Eviction petition - Once jural relationship established between tenant and landlord, question of title with regard to the petition premises does not arise...........
Rent and Eviction -- Nuisance - Concurrent finding of facts by three courts that tenant has caused nuisance by carrying on his business beyond the permissible area and in violation of the conditions of lease - Definition of nuisance in S.12(1)(c) of Madhya Pradesh (Accommodation and Control) Act, 1961 is wide enough to take the conduct of tenant within its ambit which was..........
Delhi Rent Control Act, 1958, Section 44(3), Civil Procedure Code, 1908, Order 23, Rule 1(4) -- Landlord duty to keep premises in good repair - Admittedly, notice in writing given by tenant and same was withdrawn - Tenant has thereafter, filed present petition u/s 44 of the Act - As long as premises have remained un-inhabitable/unusable, cause of action would continue to..........
Hindu Law -- Joint family business - Contract of tenancy entered upon by grandfather of plaintiff - Even if grandfather was maintaining family out of income generated from the hotel business, that itself would not make the other family members as coparceners in the hotel business - It was the contract of tenancy which was inherited by grandfather of plaintiff who later..........
Civil Procedure Code, 1908, Section 11, Order 6, Rule 17 -- Explanation IV - Landlord seeking amendment at appellate stage - Subsequent event should not and ought not be prevented to come on record...........
Rajasthan Rent Control Act, 2001, Section 6, 9 -- Eviction petition - In application seeking eviction, applicant is not required to establish his title qua rented premises and to have a recovery certificate, it is sufficient that if he establishes relationship of landlord and tenant between the parties - From material on record, it is beyond any doubt that complainant has..........
Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Act, 1972, Section 3(j), 21(1)(a) -- Eviction petition - Release application - Maintainability - Status of petitioner as tenant is not in dispute therefore, if other co-owner/co-landlord have not come forward to challenge the release in favour of one, who, admittedly, has also inherited the..........
