Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(3) -- Eviction petition - Bonafide need - Burden of proof - Entire burden of proof is on tenant to substantiate that RCP is hit by first proviso to S.11(3) of the Act and that tenant is entitled to benefit of second proviso to S.11(3) of the Act...........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(3) -- Eviction petition - Bonafide need - Alternate shop - Burden of proof - Onus of proof is on tenant to prove that landlord has alternate shop rooms to start his business - Tenant miserably failed to shift burden of proof - RCP not hit by first proviso to S.11(3) of the Act...........
Delhi Rent Control Act, 1958, Section 14(1)(a), 14(1)(b), Evidence Act, 1872, Section 101, 109 -- Rent and eviction - Sub-letting - Burden of proof - Tenant admitted tenancy in suit property but also asserted that he has surrendered said tenancy - Thus either u/ss 101, 109, Evidence Act burden of proving that tenancy had been surrendered was on tenant which was not..........
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..........
Assam Urban Area Rent Control Act, 1972, Section 5(1)(e), 5(4) -- Rent and eviction - Non-payment of rent - Burden of proof - Usually it is the burden of landlord to show as to when rent becomes due and tenant`s burden is to show that he has paid rent or deposited same in Court within fortnight of its becoming due in order to get protection from being evicted...........
Madhya Pradesh Accommodation Control Act, 1961, Section 23J -- Rent and eviction - Bonafide requirement - Burden of proof - Landlord being owner of accommodation in question and belonging to category of persons enumerated u/s 23J of the Act is required to be established by landlord in accordance with established law of procedure and evidence based on anvil of preponderance..........
Evidence Act, 1872, Section 102 -- Forged rent receipts - Burden of proof - Suit for restitution of possession - Where landlord alleged that Rent receipts relied upon by tenant were forged and fabricated, burden of proof automatically shifted upon him to establish this claim since in any case, genuineness of his signatures on receipts was not denied...........
Transfer of Property Act, 1882, Section 105, Evidence Act, 1872, Section 103 -- Lease - Eviction suit - Sub-letting - Burden of proof - Defendant was inducted as sub-tenant by plaintiff - He admits to have taken the suit premises on sub lease from plaintiff in his written statement - However, specific plea is taken by defendant that he became a direct tenant under original..........
Rent and Eviction -- Sub tenancy - Burden of proof - Initial burden to prove exclusive possession of sub tenancy is that of owner which is only that of preponderance of probability only and he has to prove the same prima facie only - If owner succeeds then burden to rebut the same lies on the tenant...........
Evidence Act, 1872, Section 101 -- Eviction petition - Burden of proof - Tenant's plea that partnership business was running in shop with consent of landlady - Held, burden lay upon tenant to establish claimed fact - Burden wrongly shifted on landlady for not admitting fact in plaint that any partnership business was started by the defendants with her consent...........
