Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction petition - Bonafide need - It is open to landlord to seek eviction of a commercial property for a bonafide need irrespective of fact whether need is for residential or commercial accommodation...........
Eviction petition -- Bonafide need - Leave to defend - Once a tenant raises a contention in the leave to defend application that the landlord is owner and in possession of other premises and landlord admits properties are owned by landlord, then it become obligatory on landlord to at least disclose as to who, if not landlord, is in possession and occupation of said..........
Eviction petition -- Bonafide need - Leave to defend - Alternative accommodation - Tenant categorically stated that there are several shops/commercial spaces available in property, in response to which apart from a mere denial, landlord has not disclosed any details - It was obligatory on part of landlord to atleast state as to who all were occupying shops/commercial..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Rent and eviction - Bonafide requirement - Sale of small portion of premises - Does not make need of landlords to come to an end...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Rent and eviction - Bonafide necessity - Construction on the remaining premises has already been raised - Cannot be a ground to hold that the bonafide personal necessity of a landlord has come to an end particularly when the shop in question is abutting the main road...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Rent and eviction - Bonafide necessity - Landlord cannot be expected to keep waiting till the tenant vacates the tenanted premises and then start the required construction...........
Delhi Rent Control Act, 1958, Section 14(1)(a), 14(2) -- Eviction petition - Non-payment of rent - Benefit of S.14(2) of the Act - Meant for bonafide tenants and cannot be extended to those tenants who are neither paying admitted rent as per directions but also occupation charges as directed by Court to enjoy a stay order - As tenant in instant case is under repeated..........
Limitation Act, 1963, Section 14, 29(2) -- Exclusion of time of proceedings bonafide in Court without jurisdiction - S.29(2) of the Act shall apply where the suit, appeal or application is filed in Court and not before the statutory authority, quasi judicial authority or the Tribunal/DRT - Therefore, provisions of S.14 of the Act shall not be applicable before the DRT...........
Bihar Building (Lease, Rent and Eviction) Control Act, 1983, Section 14(8), 11, 18 -- Eviction petition - Validity - Bonafide requirement for own occupation clearly established by landlord through evidence - Eviction, proper...........
East Punjab Urban Rent Restriction Act, 1949, Section (13)(a)(ii) -- Rent and eviction - Bonafide need - Need of landlady/landlord has to be seen from the angle of landlady/landlord and not from the view of tenant...........
