East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Eviction petition - Ownership of landlord - Tenant disputed ownership of landlord - However, no material produced on record to prove that landlord is not owner - Landlord had purchased property through a registered sale deed - In the absence of any material to contrary, Rent Controller rightly concluded that..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Eviction - NRI landlord - S.13-B of the Act gives right to landlord to recover immediate possession of a building on his return - It is not the stand taken by tenant that any building has already been got vacated by landlord u/s 13-B of the Act - Contention by tenant that eviction petition is barred because of..........
Rent and Eviction -- Leave to defend - Alternative accommodation - Family of landlord as disclosed in eviction petition compromises of over 42 family members therefore, landlord clearly indicated that accommodation presently in their possession is far less than their requirement - Moreover, tenant not been able to show that sufficient alternative accommodation is..........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Rent and eviction - Bonafide requirement - It for the landlord to decide as to how to put tenanted premises to use after eviction and not for the tenant to dictate to the landlord...........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Rent and eviction - Bonafide requirement - Plea of tenant is that tenanted premises is a residential flat situated in a cooperative group of housing society and cannot be put to any commercial use - Plea held, not tenable as this ground neither raised by tenant in leave to defend application nor was even urged before Rent..........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Rent and eviction - Bonafide requirement - Plea of tenant is that tenanted premises is a residential flat situated in a cooperative group of housing society and cannot be put to any commercial use - Plea held, not tenable as eviction petition clearly shows that landlord sought tenanted premises for accommodating his..........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction petition - Bonafide necessity - Tenant cannot dictate as to how, the landlord has to use the available premises or as to what would be more suitable alternative accommodation than the tenanted premises...........
Delhi Rent Control Act, 1958, Section 14(1)(b) -- Rent and eviction - Sub-letting - Relationship between tenant and sub-tenant - Onus of proving - Is upon tenant and not on landlord who was not privy to it...........
Delhi Rent Control Act, 1958, Section 14(1)(b) -- Rent and eviction - Sub-letting - Plea of employer and employee between tenant and sub-tenant - Both parties agree that tenant is permanently residing in Rajasthan - Everyday control of suit property is with tenant - Sub-tenant also admits to be getting paid commission on the gross sales of the business - However, no..........
Delhi Rent Control Act, 1958, Section 14(1)(j) -- Rent and eviction - Substantial damage to suit property - As per tenant, windows were opened with consent of landlord - However, evidence points contrary as site plan was admitted and no evidence was led to show as to how the landlord has consented to changes that were effected in suit property - Eviction upheld...........