Delhi Rent Control Act, 1958, Section 14(1)(e), 25B -- Rent and eviction - Leave to defend - Tenant does not file any site plan - Site plan filed by owner along with petition would be deemed to be correct...........
Delhi Rent Control Act, 1958, Section 14(1)(e), 25B -- Rent and eviction - Leave to defend - Imperfectness of title of premises - Can neither stand in way of eviction petition nor can a tenant be allowed to raise plea of imperfect title or title not vesting in landlord and that too when tenant has been paying rent to landlord...........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction petition - Bonafide necessity - Respondents admit relationship of landlord-tenant and admit that petitioners are owners and landlords of subject premises - Respondents further admit that need of petitioners is bonafide and petitioners does not have any other suitable alternative accommodation available with them -..........
Delhi Rent Control Act, 1958, Section 14(1)(b) -- Eviction - Sub-letting - Three companies functioning from tenanted premises - Two of the companies were incorporated by third person - Tenant became directors in company a few years after incorporation - Companies had their registered office in the tenanted premises since inception - Exact share holding of these directors..........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(3), 11(8), 12 -- Eviction petition - Arrear of rent - As per S.12(1) of the Act, no tenant against whom application for eviction has been made by landlord u/s 11 of the Act shall be entitled to contest application before Rent Control Court under that Section, unless he has paid or pays to landlord or deposits..........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(3) -- Eviction petition - Bonafide need - It is not for tenant to dictate choice of landlord in deciding his proposed business...........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(3) -- Eviction petition - Bonafide need - Alternate shop - Burden of proof - Onus of proof is on tenant to prove that landlord has alternate shop rooms to start his business - Tenant miserably failed to shift burden of proof - RCP not hit by first proviso to S.11(3) of the Act...........
Civil Procedure Code, 1908, Order 6, Rule 17, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Amendment of pleadings - Suit for eviction - Whereever amendments are substantive or Court comes to a conclusion that effort is to delay disposal of application Courts would be justified in dismissing the petitions - Further, there can be cases where tenant with a view..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Eviction - NRI landlord - Mere fact that proceedings u/s 13-B of the Act have remained pending for quite sometime, that itself cannot be a reason to deny opportunity of hearing to tenant...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Eviction - NRI landlord - Once Court of Rent Controller chose to issue notice to tenant and tenant has already died, it was incumbent on Court to direct landlord to file an application for bringing on record legal heirs...........
