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...........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(3) -- Eviction petition - Bonafide need - Assertion without proof is insufficient to get protection of first limb to second proviso of S.11(3) of the Act...........
Negotiable Instruments Act, 1881, Section 138, 141, 142, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint u/s 138 NI Act and FIR u/s 174-A IPC - Offence by company - Accused shown bonafide cause for non-appearance before trial Court - Service not effected at ordinary place of residence of accused and they were not aware of said fact..........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(4), 11(3) -- Suit for eviction - Bonafide need - Oral testimony of husband and son of landlady prima facie establishing bonafide requirement of suit premises for setting up personal business of her son - Failure of tenants in discredit oral testimony of prosecution witnesses - Onus of proof to prove that other..........
Eviction Order -- Bonafide requirement - No evidence is produced on behalf of tenant to show that need as projected by landlord is not bonafide - Tenant has not been able to produce any evidence to show that landlord has other suitable alternative accommodation available - There is no dispute of relationship of landlord and tenant between parties - No infirmity in the..........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction petition - Bonafide necessity - Leave to defend - Tenant admit that landlord is owner of property and there is a relationship of landlord and tenant between them - Tenant also admit that need of landlord is bonafide and that landlord does not have any other suitable alternative accommodation available for his..........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction petition - Bonafide necessity - Commercial premises - Landlord can seek eviction of a tenant of commercial premises u/s 14(1)(e) of the Act...........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction petition - Bonafide necessity - Plea that there is no bonafide necessity as landlords issued notice 50 years ago seeking possession and waited for 50 years to file petition - Held, not sustainable - Merely because a landlord does not file petition seeking eviction even after giving notice does not preclude landlord..........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction petition - Bonafide necessity - Landlord is best judge of his requirement and it is open to landlord to decide as to which premise is more suitable for his requirement - Neither tenant nor Court can dictate to landlord as to which premises would be suitable - Choice is left to landlord to choose...........
Delhi Rent Control Act, 1958, Section 14(1)(e), 14(7) -- Eviction petition - Bonafide necessity - Leave to defend - Tenant admit that landlord is owner of property and there is a relationship of landlord and tenant between them - Tenant admit that need of landlord is bonafide and that landlord does not have any other suitable alternative accommodation available for his..........
