Delhi Rent Control Act, 1958, Section 14(1)(e), 25B(4) -- Eviction petition - Leave to defend - S.25B(4) of the Act provides that service of application u/s 14(1)(e) of the Act, the tenant has to file an application for leave to defend which has to be considered by Rent Controller - If Rent Controller does not find any merit in application for leave to defend or if the..........
Constitution of India, 1950, Article 226, 227 -- Eviction order - Writ petition - Unauthorised possession - Landlord approached Deputy Commissioner only with a complaint to register a case against tenant for being in unauthorized possession of house in question and irregular payment of rent - However, Deputy Commissioner in his over enthusiasm and presumably in an effort..........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction petition - Bonafide need - Leave to defend - Ownership title of landlord - Landlord should hold a premises in a capacity of something more than that of a tenant and proof of title beyond that point is not required - For purposes of S.14(1)(e) of the Act `ownership' is not meant only to be freehold and absolute..........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction petition - Bonafide need - Leave to defend - Tenant not to dictate to landlord as to which premises to use to fulfil a bonafide requirement - Once Court is satisfied that requirement cited by a landlord is bonafide it is landlord`s prerogative to seek eviction from a given premises of his choice...........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction petition - Leave to defend - Plea of tenant that landlord was only a co-lessee - Plea held, not tenable as one of co-owners can alone and in his own right file a proceeding for ejectment of a tenant and a tenant cannot question maintainability of proceedings...........
Rajasthan Rent Control Act, 2001, Section 22, Civil Procedure Code, 1908, Section 47 -- Rent and eviction - Objection as to executability of compromise certificate on ground of unfit mental state - Dismissal of application - Tenant entered into compromise with landlord agreeing for his eviction from suit shop on condition of wavier if arrears of rent - Medical certificate..........
Rajasthan Rent Control Act, 2001, Section 22, Transfer of Property Act, 1882, Section 106 -- Eviction petition - Compromise - Appeal by tenant against compromise certificate has been dismissed - Writ petition - Recovery certificate issued by Rent Tribunal on basis of compromise between parties duly attested and verified to its satisfaction without adverting to question as..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Rent and eviction - Material alterations - Recital of rent note though unregistered only speaks about one shutter in demised shop - Even, tenant without consent of landlord opening rear portion of demised shop, fixed another shutter in it which has certainly impaired utility of the same - Moreover, staircase going..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Malafide and dishonest conduct - Litigant not entitled to any accommodation to thwart implementation of legal orders against him - Tenant before Rent Controller concocted a false story that he was in possession of demised shop on basis of some agreement to sell - Even, tenant did not furnish..........
Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Act, 1972, Section 12(1)(b) -- Rent and eviction - Sub-letting - Original tenant was residing in tenanted premises along with his son, brother's son and their families - Inspection report established that no person who was not a member of tenant's family was allowed to occupy premises in his own..........
