Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11 -- Rent and eviction - Bonafide requirement - Eviction petition - Maintainability - To file petition u/s 11(8) of the Act, it is material whether landlord is in occupation of another portion of same building of which tenanted premises is a part - If he is, then petition u/s 11(8) of the Act is maintainable...........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Suit for permanent injunction by tenant restraining landlord from evicting him without following due process of law - Defendant can advance a counter claim with the relief of eviction, arrears, house rent and damage - In view of admitted relationship, such a counter claim can never be said to be not..........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(2)(a)(b), 11(3) -- Rent and eviction - Bonafide requirement - It is for the landlord to decide as to which premises is required by him - Appellate Authority also found that the reasons put forward for not utilising certain rooms for satisfying the need of his son were acceptable - No reason to take a different..........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14 -- Eviction petition - Sub-letting - It is difficult to produce direct evidence of sub-letting - It is to be inferred from the facts and circumstances of case...........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14 -- Eviction petition - Sub-letting - Plea of franchisee - However, failure to produce any document of franchisee - No document on record that tenant is occupying disputed premises or even part thereof - Tenant thus, walked out of premises and exclusive possession of property given to sub-tenant, who is running his..........
Transfer of Property Act, 1882, Section 106 -- Eviction - Once tenancy is terminated through valid notice, thereafter any deposit of rent would not invalidate the plea of eviction claimed by landlord...........
Rent and Eviction -- Extension of time to vacate - Tenants are poor persons - Reasonable time granted to tenants to vacate the premises on deposit of decretal amount as well as advance rent for a period of six months from the date of order along with undertaking that they shall vacate the premises in question immediately after expiry of six months...........
Rent and Eviction -- Eviction suit against tenants of Waqf property is maintainable before Small Causes Court...........
Transfer of Property Act, 1882, Section 111 -- Determination of lease - (a) Obligations of landlord and tenant; (b) Consequences of landlord's refusal/failure to take possession offered by tenant; (c) Liability of tenant to pay rent/mesne profits in such cases; (d) Remedy available to tenant in such cases - (i) tenant is bound to handover vacant and peaceful possession of..........
East Punjab Urban Rent Restriction (Extension to Chandigarh) Act, 1974, Section 13B - - Eviction - Non-payment of rent - Assessment of provisional rent - Tenancy admitted by both parties and was reduced into writing - Plea taken by one of the tenant is that his signatures were obtained on blank stamp paper on plea to install electricity connection held, not tenable - More..........
