Delhi Rent Control Act, 1958, Section 14(1)(e), 25B(3)(a) -- Eviction petition - Bonafide requirement - Publication of summons in a newspaper - Service is duly complete even if only summons are published and there is no requirement of publishing entire eviction petition and annexures thereto in newspaper...........
Transfer of Property Act, 1882, Section 109 -- Transfer of property by previous lessor - Purchaser becomes lessor and becomes entitled to receive rent - No attornment of tenancy is necessary - Notice for attornment of tenancy is not required - Tenant cannot dispute the right of transferee landlord to maintain an eviction petition or to claim rent - However, the provision..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Eviction petition - NRI landlord - Leave to defend - Tenant challenging bonafide requirement of landlord stating that till date three eviction petitions filed by erstwhile owner and by landlord were dismissed - Tenant deposited rent which he was unable to pay to landlord as he was not present in India -..........
Civil Procedure Code, 1908, Order 23, Rule 1, East Punjab urban Rent Restriction Act, 1948, Section 13(3)(a)(i), Order 23, Rule 1 - - Eviction petition - Withdrawal at appellate stage - Eviction petition on ground of personal necessity - Non pleading of mandatory requirement that landlord is not occupying residential building in the area concerned and that he has not..........
Civil Procedure Code, 1908, Order 16, Rule 2 -- Summoning of witnesses - Eviction suit - Presence of witness is necessary to prove the fact that defendant had sublet the premises - Petitioner is claiming mesne profit and, therefore, in order to prove the prevalent market rate of properties in locality, summons to other witness/Branch Manager is also necessary - Rejection..........
Rent and Eviction -- Non residential building - Grounds of personal necessity and simultaneously on the ground that building is in a dilapidated condition which requires immediate demolition - Landlord has a right to seek eviction of a tenant of non residential building for bona fide purpose of starting a business and also simultaneously on the ground that building is in..........
Rent and Eviction -- Non residential building - Three tenants - Bona fide requirement of all the three tenancies and that building is in a dilapidated condition which requires immediate demolition - Requirement is in respect of all the three tenancies put together - Mere possession of one of the three tenancies by landlord pursuant to eviction orders obtained against one..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Suit for eviction - Arrears of rent - In case of failure of tenant in duly discharging his stand as regards payment of defaultable arrears - Appellant/landlord has right to move the High Court...........
Civil Procedure Code, 1908, Section 2(12) -- Mesne profits - Calculation of amount - Mesne profit is not what the decree holder has lost by not being able to get possession but what the user of property, in wrongful possession, may with ordinary diligence would receive from property - Person in wrongful possession cannot be heard to say that he has not utilized the..........
Delhi Rent Control Act, 1958, Section 25, 38, Limitation Act, 1963, Section 5 -- First appeal - Delay of 13 days - Application for condonation of delay - Refusal to condone delay by Appellate Court/Rent Controller Tribunal - No reason for minor delay of just 13 days ought not to have been condoned and first appeal be not heard on merits - Order of refusal set aside - Delay..........
