West Bengal Premises Tenancy Act, 1997, Section 6(4) -- Eviction petition - Bonafide requirement - Requirement of landlord is undoubtedly a question of fact but reasonableness of requirement is a question of law which can of course be looked into second appeal...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction order - Bonafide requirement - Death of landowner during pendency of revision petition - Once statute itself recognizes necessity of not only owner but also of persons ordinarily residing and dependent on him or her death of landowner during pendency of revision petition would not adversely affect rights..........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(3) -- Eviction petition - Bonafide need - As per landlord, his brother is depending on them - Brother needed shop rooms to start a ready-made garments business - Brother was employed abroad has returned to India for good and he proposes to start business - Even, brother gave evidence in line with averments in..........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(3) -- Eviction petition - Bonafide need - It is not for tenant to dictate choice of landlord in deciding proposed business...........
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) -- Proviso - Eviction petition - Bonafide need - It is not disputed that tenanted premises is situated in ground floor and new vacant room is on first floor of building - Even, if landlord has got another vacant room in his possession on first floor same is of no consequences at all and that will not cause..........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(3) -- Proviso - Eviction petition - Bonafide need - Availability of bed rooms, hall and kitchen has no fundamental impact on bonafide need or finding under first proviso to S.11(3) of the Act...........
Indian Penal Code, 1860, Section 304A -- Medical negligence - Death of patient - Petitioner being a medical professional who treated patient in a bonafide manner, cannot be held responsible for his unfortunate death - Moreover, parties compromised their dispute - FIR quashed...........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction petition - Bonafide necessity - Leave to defend - As per landlord, family of landlord comprises of 11 family members and accommodation in possession of landlord is only seven room - Even if contention of tenant were to be accepted that daughter-in-law petitioner occupying property are nine and landlord has only..........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction petition - Bonafide necessity - Tenant cannot dictate to landlord as to how landlord has to make use of available accommodation or how landlord has to adjust himself - Landlord who is having shortage of space cannot be asked to squeeze herself and her family in lesser accommodation merely to accommodate tenant...........
