Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction proceedings - Burden of proof - Held, initial onus to establish ground of eviction as contained in eviction petition is on landlord as it is the landlord who is pleading an exception in form of eviction proceedings under the Act...........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction - Bona fide requirement - Leave to defend - Held, it is not a thumb rule in every case that application for leave to defend must be refused by desires of landlord otherwise, tenants would lose statutory protection - Application for leave to defend must be judged and decided on case to case basis and not in..........
Constitution of India, 1950, Article 226, Punjab Public Premises and Land (Eviction and Rent) Recovery Act, 1973, Section 5, 7, 17 -- Eviction - Unauthorized possession - Petitioner was licensee in shop owned by PRTC - License not renewed after its expiry - Eviction orders passed against petitioners - They have handed over vacant possession of their respective shop -..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Eviction - N.R.I. Landlord - Bona fide need - Leave to defend - Landlord earlier filed eviction petition u/s.13B of the Act - Rent Controller granted leave to defend to tenant - Landlord challenged said order before High Court - On request of landlord, main eviction petition filed by him u/s.13-B of the Act,..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Eviction - N.R.I. Landlord - Bona fide need - Leave to defend - Contention of petitioner/tenant that need of landlord is not bona fide as he will not be able to set up his business in demised premises which consists of a small area - Held, landlord is the best judge of his needs and tenant cannot dictate his..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Eviction - N.R.I. Landlord - Bona fide need - Held, in a petition filed u/s.13-B of the Act, on fulfilling conditions of being NRI, a presumption is to be drawn in favour of landlord with regard to his bona fide need and such a presumption can be dispelled only by making a strong case by placing relevant material..........
East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Order 6, Rule 17 -- Eviction petition - Amendment of written statement for withdrawal of admission - By moving application for amendment, petitioner-tenant wants to negate benefit accrued to respondent-landlady on basis of earlier defence taken by him - Held, a right has accrued to..........
Delhi Rent Control Act, 1958, Section 14(1)(e), 25B - - Eviction - Bona fide requirement - Leave to defend - There are 14 members of respondents'/landlords' family and many relatives often visit disputed premises - One of the son is residing in another property - Petitioners/tenants have failed to raise any triable issue - Respondent have established that they have no..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i) -- Eviction - Provisional assessment of rent - Non-payment of rent - Pendency of civil litigation between parties regarding recovery of rent - Rent Controller assessed provisional rent vide order dated 09.12.2009 which was upheld by Hon'ble Supreme Court - Rent Controller fixed 30.04.2013 as the date for..........
Haryana Housing Board Act, 1971, Section 51(1), 53A(1) -- Eviction - Non-payment of installments - Order of eviction was proceeded by four notices calling upon petitioner to deposit arrears of rent - Held, petitioner did not deserve any notice in view of Cl.2(q) of Hire Purchase Tenancy Agreement, which stipulated that no, payment of rent for more than two months would..........
