Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Act, 1972, Section 21(1)(a) -- Eviction petition - Release application - Bonafide need - There are number of members of landlord who are still unsettled and without occupation - Hardship is much greater for landlord than tenant - Moreover, tenant has not made any efforts to search alternative shop..........
Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 -- Eviction - Execution proceedings - In view of conduct and attitude of revision petitioners, Court has not only found that petitions are devoid of merits, but also is satisfied that revision petitioners have vexatiously filed successive applications one after another to stall execution proceedings - Moreover, fact..........
Arbitration -- Award - Jurisdiction - Enhancement of the lease rent - Where a contractual provision is ambiguous or is capable of being interpreted in more ways than one, the Court cannot interfere with the arbitral award - Thus, Arbitral Tribunal, or for that matter, the Court cannot alter the terms and conditions of a valid contract executed between the parties with..........
Civil Procedure Code, 1908, Section 9, Haryana Urban (Control of Rent and Eviction) Act, 1973 -- Jurisdiction of civil Court - Suit for possession - Lease - After expiry of lease term of the lease deed, tenant becomes a statutory tenant - Such a tenant can be evicted under the provisions of 1973 Act as jurisdiction of Civil Court is impliedly barred...........
Rent and eviction -- Eviction petition - Bona fide requirement - Landlord need not be unemployed to seek eviction on the ground of bona fide requirement. (Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, S.21(1)(a)...........
Rent and eviction -- Eviction petition - Bona fide requirement - Landlord required premises for business of his son - Merely because son of landlord was having some income, that by itself would not disentitle him from claiming release of premises on the ground of bona fide need...........
Rent and eviction -- Eviction petition - Bona fide requirement - Premises in question have been in the occupation of tenant for more than 30 years - Landlord suffered an accident and he genuinely wanted his son to be settled in business - Need pleaded by landlord was found to be genuine - Tenant evicted...........
Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Act, 1972, Section 20 -- Order of release - Set aside by appellate Court - Bonafide need and default in rent - New plea cannot be permitted to be raised for the first time at the writ stage u/art 227 of Constitution since no such specific plea was taken by tenant in documents which were filed by him..........
Delhi Rent Control Act, 1958, Section 14(1)(e), 25B -- Execution of decree - Issuance of warrants - Tenant voluntarily entered into a compromise and pursuant thereto, enjoyed benefit of staying in tenanted premises for a period of ten years - Now, at the stage of execution, tenant cannot raise any objections with regard to jurisdiction of ARC that recorded consent..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Enhancement of - Husband is earning well while being posted in Singapore - However, cost of living in Singapore is higher - Husband is already paying rent @ 3200 Singapore Dollars pm and income tax @ 1583 Singapore Dollars - Net income of husband is thus, substantially reduced - Husband is already..........