Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction petition - Leave to defend - Bonafide necessity - Plea of tenant that landlord fail to disclose cause of action in petition - Perusal of eviction petition clearly show that petition does disclose a cause of action - Even, landlord clearly stated that necessary ingredients as required to be established to seek an..........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction petition - Leave to defend - Bonafide necessity - Merely because eviction petition is filed through son holding a special power of attorney and it states that power of attorney is irrevocable does not imply that any rights have been created in favour of Attorney holder...........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction petition - Leave to defend - Bonafide necessity - Additional accommodation - Merely because it is a case of additional accommodation does not imply that leave to defend has to be granted without any further examination...........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction petition - Bonafide need - Alternative accommodation - Leave to defend - Explanation given by landlord is not on record in these proceedings and accordingly it becomes a matter of trial and it would be appropriate for parties to lead evidence and establish as to whether landlord has any additional alternative..........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction petition - Co-owners - Maintainability of petition - Bonafide necessity - Eviction petition is maintainable by one of co-owners and landlord does not have to prove absolute ownership but has to show a better title - Thus, eviction petition is maintainable - Further, need as projected by landlord is bonafide and..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Rent and eviction - Bonafide requirement - Landlord cannot be deprived of using his own property only because it does not suit to the tenant...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Rent and eviction - Bonafide requirement - Plea of concealment of material fact - It is apparent that landlord did not conceal anything as site plan shows that ownership over adjacent shop towards western side of demised shop - Landlord admission in cross-examination that he is having a vacant shop in his..........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14 -- Rent and eviction - Bonafide requirement - Non-residential premises - As per amending Act landlady/landlord is well within his/her right to seek eviction of tenant from non-residential premises as amending Act has been held to be in retrospective operation...........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Rent and eviction - Bonafide need - Leave to defend - Shop in black colour is used as garage by son of landlord - Since it is a garage no day-to-day business activity would be carried on from said shop - Application leave to defend rightly dismissed...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B, 18A -- Eviction petition - NRI landlord - Leave to defend - Not granted by mere asking but only in case affidavit specifies that landlord does not satisfy condition u/s 13B of the Act - However, affidavit of tenant fails to show the same - Moreover, rights of a tenant against any false assertion of bonafide need by..........
