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...........
Transfer of Property Act, 1882, Section 106 -- Lease - Determination of lease due to efflux of time - Suit for injunction filed by tenant - Tenant had continued in suit property for more than six years after determination of lease due to efflux of time by creating story about illegal threat of eviction by landlord - He instead of vacating premises filed suit for injunction..........
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..........
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...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(1)(a) -- Eviction petition - Bonafide requirement - Death of landlord - It cannot be said that since landlord has died therefore petition is deemed to have abated - Once requirement of landlord himself along with son has been pleaded and he has appeared in evidence continuity of bonafide requirement of tenant..........
Rent and eviction -- Dispute as to title of property - Rent Controller has no jurisdiction to adjudicate upon title of property - Rent Controller is only to conclude about existence or otherwise of relationship of landlord and tenant between parties - Question of title, if disputed, at best can incidentally be looked into, only with a view to decide primary question of..........
Civil Procedure Code, 1908, Section 151, Order 41, Rule 27 -- Additional evidence at appellate stage - Eviction petition - Bonafide requirement - Landlord has not pleaded that his son is working in Delhi and present premises is required by his son to open a new business or to expand - In these circumstances, it is necessary to grant opportunity to tenant to further..........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(3), 11(4)(iv) -- Rent and eviction - Bonafide necessity - Tenant does not have a case that landlord is in possession of other shop rooms other than the one that he has sought for eviction to start a consultancy service for his son - As tenant has not proved that landlord has any other vacant buildings in his..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Eviction petition - Ownership of landlord - Tenant disputed ownership of landlord - However, no material produced on record to prove that landlord is not owner - Landlord had purchased property through a registered sale deed - In the absence of any material to contrary, Rent Controller rightly concluded that..........
