Rent and eviction -- Waiver of rent - Pandemic situation due to Covid-19 - Landlord entitled to receive rent/consideration in accordance with law as per contractual agreement entered between parties concerned - Court cannot by a general order of the nature sought waive such amount as Court cannot do charity at the cost of others and charity beyond law is an injustice to..........
Rent and eviction -- Non-payment of rent - Whenever a landlord expects eviction of the premises on the basis of non-payment of rent, in such eventuality, the Court has to appreciate proved facts of that particular case...........
Delhi Rent Control Act, 1958, Section 14(1)(b) -- Eviction petition - Subletting - Seeking of damages for use and occupation charges - No direction can be issued to tenant to pay use and occupation charges for period that stay continued - Further, as possession has already been handed over no relief can be granted to landlord in this application...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Bonafide necessity - There is sufficient material on record to indicate both sons of landlord have crossed age of 40 years and jewellary business is their hereditary occupation, thus there is nothing bad for joining hands with their father while making efforts to grow in trade - Bonafide..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Bonafide necessity - There is sufficient material on record to indicate both sons of landlord are of above 40 years of age and jewellary business is their hereditary trade thus, there is nothing wrong for joining hands with there father while making efforts to grow in trade - Need held,..........
Transfer of Property Act, 1882, Section 111(d) -- Doctrine of merger of tenancy - Two conditions are mandatory to attract S.111(d) of the Act, viz : (i) it is only tenant who should acquire property of landlord; and (ii) tenant should purchase assignment of rights of landlord in property in its entirety...........
West Bengal Premises Tenancy act, 1956, Section 13(1) -- Suit for eviction - Bonafide requirement - Landlord, living in rented premises as tenant cannot be considered to have sufficient accommodation - Failure of tenants in establishing that landlord have other accommodation as well - Eviction upheld...........
Constitution of India, 1950, Article 227, Punjab Rent Act, 1995, Section 24(3), 38(4), 38(5) -- Punjab Rent Act Sch.III - Rent and eviction - NRI landlord - Non-service of summons - Tenants filed present petition just to stall eviction proceedings by hook or crook and obtained interim stay for their dispossession without any lawful basis - As due compliance of Ss.38(4),..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of parties - Eviction suit - Petitioners sought their impleadment in suit claiming themselves to be owner of suit property - However, petitioners have already instituted a suit for declaration of title - Question of title is not to be adjudicated in eviction suit, as eviction proceedings are summary in nature -..........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(4)(ii) -- Eviction petition - Destroy or reduce value of building materially and permanently - Eviction sought in earlier rent petition on very same ground and got rejected - There is no pleadings or evidence to prove that after the dismissal of earlier petition tenant has reduced value and utility of building..........
