Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960, Section 11(2) -- Surplus land - Sub-letting - Sub-lessee cannot claim independent rights as a tenure holder, if grantee being a lessee from Government has no right to transfer the land without fulfilling conditions stipulated in Clause 9 of lease deed...........
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)...........
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..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Eviction - Decree on basis of admission - Plea of sub letting by defendant No.1 to defendant No.2 - Defendant No.2 filed suit for specific performance against plaintiff and on that basis claiming himself to be the owner - By filing suit for specific performance there is clear cut admission that plaintiff is the owner -..........
Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Act, 1972, Section 21(1)(a) -- Eviction petition - Release application was allowed - It is clear that explanation given by landlord that shop was being run by son of landlord only and he had no concern with the same cannot be accepted unless findings are affirmed by appellate Court and this Court is..........
Rent and eviction -- Authorized tenant - Tenant in possession on the date of commencement of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Amendment Act, 1976 with the consent of original owners - He shall be deemed to be a tenant by virtue of S.14 of U.P. Urban Buildings Act, as u/s 14 of said Act, a tenant in occupation of a building with the consent..........
Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Act, 1972, Section 21(8) -- Eviction petition - Determination of rent - Plea of discrimination - Court finds case of petitioner and `M' stands on different footing, when rate of rent of `M' was determined in year 2010, government order dated 25.11.2011 was not enforced - Rate of rent of premises of..........
Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Act, 1972, Section 21(1)(a) -- Eviction petition - Order of release by trial Court - Release order set aside by appellate Court - Findings of appellate authority regarding exhaustion of need of daughter-in-law of petitioner after having been settled along with her family at place `D' could not be..........
Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Act, 1972, Section 21(1)(a) -- Eviction petition - Release application for need of son of landlord - Plea of tenant that son of landlord has no licence for doing business of batteries - Plea held not tenable as landlord is not required to produce licence or permit before release of shop - Landlord..........
Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Act, 1972, Section 21(1)(a) -- Eviction petition - Release application for need of son of landlord - Plea of tenants that they are tenants for last 60-70 years and therefore as per R.16(2)(a) of U.P. Urban Building (Regulation of Letting Rent and Eviction) Rules application for release does not..........
