Transfer of Property Act, 1882, Section 106 -- Notice - Termination of tenancy - Oral and documentary evidence adduced by landlord successfully proved that a legal notice u/s 106 of the Act was sent to defendant by registered post demanding arrears of rent and termination of tenancy which was refused by tenant - Even, record of trial Court reveals that tenant not only..........
Eviction petition -- Payment of mesne profit - Compromise - Tenant has agreed to vacate tenanted premises and parties are agreed that liability to pay mesne profits would be to extent of only 60%, as had been directed by Court - Said payment is only to made till 31.03.2020 and landlord has agreed to waive off amount subsequent thereafter - Parties agreed to stand by..........
Rajasthan Rent Control Act, 2001, Section 20(3) -- Eviction petition - Default in payment of mesne profit - Issuance of recovery of possession certificate - Tenant not deposited amount of mesne profit - Tenant is required to continue to pay mesne profit to landlord and arrears of mesne profit - If tenant does not vacate commercial premises within three months from date of..........
Delhi Rent Control Act, 1958, Section 14(1)(e), 25B(8) -- Suit for eviction - Leave to defend - Requirement of premises for commercial purpose of married daughter of landlord - Married daughter most certainly remains `member' of her maternal family - Dependency of daughter on landlord for particular requirement is considered to be bonafide - Therefore, leave to defend..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Rent and eviction - Bonafide requirement - Landlord specifically stated in his evictions petitions that he and his family members/son/daughter-in-law had no business space in their possession and that they had not rented out or vacated such space within municipal limits/local limits of town - Once..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Rent and eviction - Bonafide requirement - Landlord`s failure to mention details of rear portion of building - Has no impact in terms of requirements of law...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Rent and eviction - Bonafide requirement - Landlord`s silence as to rear portion of building in his eviction petition - Carries no import and has no impact on maintainability of petition...........
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...........
