Rent and Eviction -- Ceased to occupy - Non occupying the premises or that non occupation thereof was for a reasonable cause - Plea of tenant that it was carrying on business activities from the suit premises with reduced staff strength - However, relevant records like attendance register, muster roll, wage register not produced and no evidence adduced to prove payment of..........
Rent and Eviction -- Ceased to occupy - It is on the date of filing of the petition that Rent Controller has come to a finding that tenant had ceased to occupy the premises continuously for a period of six month without reasonable cause - Improvement in the financial health of appellant after many years cannot impinge upon the concurrent finding recorded by Rent Control..........
Rent and Eviction -- Ceased to occupy - Meaning - It means actual possession of the tenanted building or use thereof for the purpose for which it is let out - If tenant is shown to be continuously absent from the building for six month, Court may presume that he has ceased to occupy the building or abandoned it - Legal possession of building by tenant, will, by itself, not..........
Rent and Eviction -- Ceased to occupy - Initial burden is on landlord to prove - Once such evidence is adduced, burden shifts on tenant to prove that was reasonable cause for his having ceased to occupy the tenanted premises for a continuous period of 6 months. (Kerala Buildings (Lease and Rent Control Act, 1965, S.11(4)(v)...........
Delhi Rent Control Act, 1958, Section 14(1)(2) -- Bonafide requirement - Shop - Required to run business - Leave to defend sought by tenant on the ground that shop is situated in residential area and the same cannot be used as a shop - Point raised by tenant requires consideration - Moreover, landlord never claimed that no permission from any Govt. authority is required by..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Amendment sought that property in question is a Trust Property - Tenant had already taken point before Prescribed Authority - After going through all evidence and record, Prescribed Authority allowed release application of landlord - Held, tenant, on same grounds, cannot take same plea in..........
Civil Procedure Code, 1908, Order 13 -- Placing of documents on record and its proving - Eviction petition on ground of non-payment of rent - Tenant tended his affidavit in examination-in-chief along with documents and his cross-examination recorded - Petitioner filed application to place and prove on record renewed premium receipt and income tax returns alleging that..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Bona fide requirement - Eviction sought on ground of bona fide requirement for purpose of setting her son in business of a Dhaba - Held, requirement is bona fide - Tenant liable to be evicted on ground of personal necessity...........
Civil Procedure Code, 1908, Order 21, Rule 101 -- Execution - Ejectment decree - Resistance by sub-lessee - Sub lessee also filed proceedings under Rent Act for being declared direct tenant of D.H. - Decree holder filing application for police help - Sub lessee filed application U.O.21.R.101 for declaration of his rights and title - High Court directed that applications be..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Co-owner NRI sought eviction of tenant from demise building though tenant was not inducted by such NRI - Held, it was not necessary that all other co-owners should be non-resident Indians...........
