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), 11(4)(iv), Evidence Act, 1872, Section 114 -- Eviction petition - Refusal to adduce evidence - Adverse inference - Cardinal flaw in defence set up by tenant is that he refused to mount the box and give any evidence to corroborate with defence set up in written objection - It was rudimentary for tenant to..........
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...........
Maharashtra Rent Control Act, 2000, Section 43(4)(a) -- Rent and eviction - Application for leave to defend filed by advocate - Tenant not filed affidavit within the mandatory period of 30 days u/s 43(4)(a) of the Act - Mere filing of application by counsel for tenant seeking leave to defend in absence of any affidavit of tenant held, not sustainable...........
Maharashtra Rent Control Act, 2000, Section 43(4)(a) -- Rent and eviction - Application for leave to defend filed by advocate - Tenant not filed affidavit within the mandatory period of 30 days u/s 43(4)(a) of the Act - However, application filed by counsel for tenant under his own signature within 30 days of service of summons - Advocate cannot initiate proceedings on..........
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...........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction petition - Bonafide necessity - Owner/landlord is the best judge of his requirements and so long as his judgment is not fanciful or malafide - Court should not substitute its own opinion - Landlord has a right to make himself more comfortable...........
