East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(ii)(b) -- Change of user - Pleading and proof - A landlord has to plead and establish by proper evidence that the tenant has been using the building for a purpose other than that for which it was leased...........
Delhi Rent Control Act, 1958, Section 25(B), 14(1)(e) -- Eviction on ground of bona fide necessity - Leave to defend - Tenant denying landlord tenant relationship and stating that he was put into possession on the basis of agreement to sell and not as a tenant - Rent Controller misreading and misconstruing petition and holding that landlord-tenant relationship had not been..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Addition of a party - Suit by tenant against Municipal Corporation challenging notice for removal of unauthorised extension of shop premises - Impleadment of landlord as party - Landlord has a direct and substantial interest in demised premises and would be able to place all facts before trial Court for adjudicating upon..........
Rent and Eviction -- Transfer of tenanted property - Notice on tenant by transferee not necessary to create relationship of landlord and tenant. (Transfer of Property Act, 1882, S.109)..........
Civil Procedure Code, 1908, Section 47 -- Execution - Decree passed by Court lacking inherent jurisdiction - Decree is a nullity - Such decree is not executable - Suit required to be filed before Rent Controller by landlord filed before civil Court - Decree passed by civil Court is without jurisdiction - Such a decree not executable as found by Executing Court...........
Evidence Act, 1872, Section 116 -- Tenant - It is open to a tenant without surrendering tenanted premises to show that since inception of tenancy title of landlord came to an end...........
Agreement to sell -- Suit for specific performance - Oral agreement of sale in favour of tenant - Denied by landlord - Testimony of interested witness in support of oral agreement - Cannot be relied upon - Proposed sale of property by landlord in favour of person offering higher consideration - Not unusual - Decree for specific performance cannot be granted in favour of..........
Rent and Eviction -- Bona fide need of landlord - Crucial date for deciding - Is date of application - Subsequent developments can be taken into account only when need of landlord is completely eclipsed by such subsequent events...........
Rent and Eviction -- Bona fide need of landlord - To be judged on date of application - Can be taken into account only when completely eclipsed by such subsequent events - In the instant case landlord required premises for housing clinic for his son who then became medical graduate - Pendency of proceedings for 23 years - Son of landlord joining Provincial Medical Service..........
Electricity -- Bill - Non payment by tenant - Electricity connection in name of tenant - Arrears of electricity charges cannot be fastened on landlord who is neither registered consumer nor actual user of electricity...........
