East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Appeal against - Pendency of - Status of tenant - Held, it cannot be said that when there is an appeal pending against order of eviction, possession of tenant is unlawful - So long as order of stay is operative and consideration of whether order of eviction could be assailed or not has not become final,..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B, 2(dd) -- Eviction - NRI landlord - Leave to contest - Contention of tenant that persons who have not acquired Indian citizenship cannot obtain to a Non-resident Indian status - Held, contention is directly against definition of "Non-Resident Indian" under the Act - All that is required u/s. 2(dd) is that person..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Eviction - NRI landlord - Leave to defend - Contention of tenant that landlords have been living away from India for a long time and there is no reason for them to return to India in evening years of their lives - Held, if landlord declares that he requires premises for his personal occupation and intends to come..........
Rajasthan Rent Control Act, 2001, Section 9(j), 32 -- Rajasthan Premises (Control of Rent and Eviction) Act, 1950, S.13(1)(i) - Rajasthan General Clauses Act, S.6 - Eviction - Repeal of old Act - Whether in a eviction petition filed on 15.03.2011, availability of another suitable shop, which Petitioner/tenant claims to have given to his son on 07.06.2008, who by..........
Rajasthan Rent Control Act, 2001, Section 10(1)(c) -- Eviction - Senior citizen - Summary proceedings - Disputed title - Petitioner sought eviction on ground of his being senior citizen u/s.10(1)(c) of the Act or otherwise on ground of default, material alteration and denial of title - Respondent contended that he acquired possession of demised premises on basis of oral..........
Madhya Pradesh Accommodation Control Act, 1961, Section 7 -- Determination of standard rent - Power of Rent Controlling Authority - Held, S.7 of the Act does not fix but only elaborates meaning of "standard rent" and does not deprive Rent Controlling Authority of discretion, power and authority to determine a reasonable rent as standard rent of an accommodation u/s.10(2)..........
Madhya Pradesh Accommodation Control Act, 1961, Section 7, 8, 9, 10 -- Enhancement of standard rent - Grounds for - Held, (i) when annual rent for purpose of assessment of tax by municipal authority is changed or revised as provided u/s.7(3)(a) of the Act - (ii) when landlord undertakes construction, addition, alteration etc., then, to the extent of 10% as provided..........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(3), 11(4), 11(10) -- Eviction - Bona fide need - Rent Control Court as well as Appellate Authority have clearly arrived at conclusion that landlady requires building for occupation of her husband to start proposed business - Both Courts below have concurrently concluded that need urged by landlady is bona fide..........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(4)(ii), 2(1), 20 -- Eviction - Material alteration - Concurrent finding - Revision against - Original building was a shed and petitioner had developed that building utilizing a portion of surrounding land and a portion of compound wall also has been demolished - Courts below found concurrently that there was..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(iii) -- Eviction - Property unfit and unsafe for human habitation - There are not only cracks in building but roof of building has also fallen down - False ceiling of Black Plastic Polythene Tarpaulin fixed by tenant - Both Courts below allowed ejectment application after relying upon report of building expect -..........
