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 -..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Rent and eviction - NRI landlord - It is not necessary for owner to first come back to India and thereafter file a petition and wait for orders of Court which may take years - Mere intention to return to home country supported by an affidavit is sufficient - It is not requirement of law that landlord before..........
Civil Procedure Code, 1908, Section 11, Delhi Rent Control Act, 1958, Section 14(1)(b) -- Subsequent eviction suit - Finding in earlier suit for injunction - Whether operate as res-judicata - No doubt finding was rendered in a suit for injunction between same parties after proper contest and evidence - However, neither party challenged the judgment therefore, same cannot..........
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...........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(3) -- Eviction petition - Bonafide need - Assertion without proof is insufficient to get protection of first limb to second proviso of S.11(3) of the Act...........
Delhi Rent Control Act, 1958, Section 14(1)(e), Civil Procedure Code, 1908, Order 1, Rule 10 -- Eviction petition - Impleadment of one of joint tenants - Sufficient to maintain petition...........
