Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, Section 10 -- Eviction petition - Dismissal of - Since landlord himself categorically admitted that he is having several residential as well as non-residential properties in and around, therefore, landlord failed to prove his bonafide requirement - Both Court below rightly dismissed eviction petition on ground of..........
Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, Section 10 -- Eviction petition - Once jural relationship established between tenant and landlord, question of title with regard to the petition premises does not arise...........
Rent and Eviction -- Nuisance - Concurrent finding of facts by three courts that tenant has caused nuisance by carrying on his business beyond the permissible area and in violation of the conditions of lease - Definition of nuisance in S.12(1)(c) of Madhya Pradesh (Accommodation and Control) Act, 1961 is wide enough to take the conduct of tenant within its ambit which was..........
Delhi Rent Control Act, 1958, Section 44(3), Civil Procedure Code, 1908, Order 23, Rule 1(4) -- Landlord duty to keep premises in good repair - Admittedly, notice in writing given by tenant and same was withdrawn - Tenant has thereafter, filed present petition u/s 44 of the Act - As long as premises have remained un-inhabitable/unusable, cause of action would continue to..........
Hindu Law -- Joint family business - Contract of tenancy entered upon by grandfather of plaintiff - Even if grandfather was maintaining family out of income generated from the hotel business, that itself would not make the other family members as coparceners in the hotel business - It was the contract of tenancy which was inherited by grandfather of plaintiff who later..........
Civil Procedure Code, 1908, Section 11, Order 6, Rule 17 -- Explanation IV - Landlord seeking amendment at appellate stage - Subsequent event should not and ought not be prevented to come on record...........
Rajasthan Rent Control Act, 2001, Section 6, 9 -- Eviction petition - In application seeking eviction, applicant is not required to establish his title qua rented premises and to have a recovery certificate, it is sufficient that if he establishes relationship of landlord and tenant between the parties - From material on record, it is beyond any doubt that complainant has..........
Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Act, 1972, Section 3(j), 21(1)(a) -- Eviction petition - Release application - Maintainability - Status of petitioner as tenant is not in dispute therefore, if other co-owner/co-landlord have not come forward to challenge the release in favour of one, who, admittedly, has also inherited the..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of eviction petition - Landlord unambiguously averred that after sale of property in his favour he has become landlord/owner and there exists relationship of landlord and tenant between parties - Grounds on which tenant is seeking rejection of eviction petition is a matter of evidence and not germane for deciding..........
Civil Procedure Code, 1908, Section 47 -- Execution - Eviction decree - Objections - Landlord obtained a lawful decree of possession and recovery of possession - Mere pendency of appeal filed by tenant against dismissal of his suit of permanent injunction filed against landlord, would not be impediment to proceed with execution of eviction decree - Landlord has not taken..........
