East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Bonafide necessity - Bonafide necessity of landlord has to be more than a mere whim and desire - At same time, it is landlord who is sole judge of his bonafide requirement and Court is not to proceed on a presumption that requirement of landlord is not bonafide...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Bonafide necessity - Merely because landlord`s father is having office at backside of demised premises does not preclude landlord from claiming bonafide personal necessity in as much as it is clearly pleaded and stated he is working separately from his father and now sought to have his own..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Bonafide necessity - Merely because landlord was found present at office of his father cannot lead to a definite and inescapable conclusion of using said premises which would preclude him from seeking eviction of tenant from demised premises...........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Rent and eviction - Bonafide requirement - Relationship of landlord and tenant - Landlord filed rent receipts - Tenant cannot now deny ownership of landlord...........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Rent and eviction - Bonafide requirement - Landlord has not to prove absolute ownership as under Transfer of Property Act - He has to prove only his title is better than that of tenant - Once tenant has attorned in favour of landlord then u/s 116 of Transfer of Property Act tenant is estopped from challenging title of..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Bonafide requirement - Concealment of material facts - There is active concealment on part of landlord regarding property which he admittedly owned - Admittedly, landlord rented out one of shops during pendency of petitions about two months prior to recording of his statement before Rent..........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction Petition - Bonafide requirement - All that landlord need to show in these proceedings is landlord/owner has a better title than tenant and nothing more - Landlord is not obliged to prove absolute ownership as is required under Transfer of Property Act since this is not a lis determining his title...........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction petition - Bonafide requirement - Impleadment of LRs of tenant - Landlord is not required to implead all LRs of deceased tenants, as interests of all legal heirs who have inherited tenancy as joint tenants can be duly represented by one legal heir who rather acts as an agent of others - Legal heirs are not tenants..........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction Petition - Bonafide requirement - Neither Court nor tenant can dictate their own version to landlord as to how he should deal with his own property...........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(3) -- Rent and eviction - Bonafide need - Claim of landlord u/s 11(3) of the Act against each tenant, even though occupying portions of same building, is distinct and independent of each other, particularly because such claims can be impeached by one tenant, even when eviction is ordered against others, since..........