Rent and Eviction -- Landlord and tenant - It is entitlement of receipt and payment of rent. (Kerala Buildings (Lease and Rent Control) Act, 1965, S.11(1) Proviso II)...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(ii) -- Eviction on ground that tenant made material alterations impairing value and utility of tenanted premises - Tenant converted tin-shed as verandah and reduced access to other portion of building - Held, it is material impairment which makes it actionable...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Eviction petition - Necessary party - Trust property - Property given on rent by Secretary of Trust - Eviction petition filed by Secretary without joining other Trustees - Petition is maintainable - Secretary is landlord qua tenant...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Sub letting - Joining younger brother in business - Tenant himself engaged in cloth business at another premises - Not sub letting - In social setting of this country, an elder brother could always associate his younger brother in business - Fact that tenant had another business in same town is..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(ii)(a) -- Partnership - Sub letting - Brother of tenant in exclusive possession of demised shop - Tenant pleaded that his brother was his partner and there was a partnership deed - Tenant found doing business of fruit selling somewhere else - Held, it was subletting - Order of eviction upheld...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Shop - Personal necessity - Eviction can be ordered on ground of personal necessity if landlord makes out a foundation of laying such a claim that is (a) is required to be in his own occupation; (b) he is not occupying another residential building; (c) that he has not vacated such a building without..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bona fide requirement - Change of business - Landlord carrying business of Automobile refrigeration in shop cum flat - Business closed due to punitive action as landlord used premises for purpose not authorized - Landlord started some other business in said premises - However, he sought eviction of tenant..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Relationship of landlord and tenant - Burden of proof - In an eviction petition the initial onus is on the shoulder of landlord that there exists a relationship of landlord and tenant...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Relationship of landlord and tenant - Proof - Can be either by rent deed or rent receipts - Rent receipts issued by father - It was nowhere mentioned that rent receipts were issued on behalf of his sons - Eviction petition at the instance of sons is not maintainable as there is no relationship of landlord and..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i) -- Eviction petition - Ground of arrears of rent - Tenant denying relationship of landlord and tenant, alleging that his wife was tenant on the basis of affidavit given by landlord to the Electricity Department that wife was tenant and meter be issued in her name - Held, there is nothing unusual for a person to..........
