Rent and eviction -- Death of original tenant - Nothing on record that Defendant/heirs of tenant were doing business with his father at any point of time - Defendants were carrying on their business separately - Defendants/heirs held, not entitled to continue tenancy after death of original tenant. (Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, S.5(11)(c)...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Eviction petition - First Appellate Court found on admission that there was landlord-tenant relationship - After entering such a finding, eviction was ordered only on the ground of arrears of rent - There is no dispute on these facts - Concurrent findings as regarding right to sell the property by father of first..........
Indian Penal Code, 1860, Section 193, Kerala Buildings (Lease and Rent Control) Act, 1965, Section 23(2) -- False evidence - Jurisdiction of Rent Control Court - Rent Control Court is not empowered to initiate prosecution for offence u/s 193 IPC on allegation that false evidence is given during course of proceedings...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Revision - Maintainability - Order of eviction on ground of default in payment of rent - As per lease entered between landlord and tenant rent payable for first year was Rs.25000/- and then Rs.28000/- to be paid for remaining period of lease - However, Rent Controller while dealing with suit for eviction..........
Prevention of Corruption Act, 1988, Section 13(1)(d) -- Offence u/s 13(1)(d) - Misuse of official vehicle, by police official, without payment of rent fixed by Government - Departmental action can be taken by Government, but that would not constitute an offence u/s 13(1)(d) of the Act...........
Rent and eviction -- High Court dismissed the eviction petition with liberty granted to landlord to file fresh application - However, no notice was issued to tenant - No prejudice caused to tenant as eviction application to be filed by landlord would be proceeded de novo - Notice to tenant thus, not required - Order of High Court calls no interference...........
Rent and eviction -- Landlord and tenant relationship - Landlord proved registered sale deed by which his father was owner - Ownership also established by assessment record maintained by Cantonment Board - Apart from documentary evidence landlord also adduced oral evidence - Mother of landlord maintained account book which depicts rent paid by tenants - On the other hand..........
Rent and eviction -- Bona fide requirement for business - Order of eviction - Death of landlord during pendency of appeal - Bona fide need of landlord established - Family business continued by legal heirs - L.R's cannot be relegated for another round of litigation for eviction - However, in a given case the bona fide requirement of original landlord and that of surviving..........
Rent and eviction -- Bona fide requirement - Ex serviceman waiting for more than three decades to get the premises vacated to start business of his own - Tenant running hotel business in the premises which is the only source of livelihood - Equities can be balanced if tenant is given time till the month in which Deepawali falls in the year 2018, subject to filing an..........
Rent and eviction -- Eviction order on one of the grounds taken by landlord - Merely because landlords have taken possession on the basis of an order of eviction granted on one ground, that does not mean that surviving grounds have become no, est - For all practical purposes and legal consequences, said grounds do survive to be considered under law...........
