Rent and Eviction -- Ceased to occupy - Appellant was declared a Sick Industrial Company - However, appelant failed to plead nor any evidence was produced to show that due to financial stringency was due to the reasons beyond its control and on that account, the suit premises could not be used - Held, so called financial stringency cannot be construed as reasonable cause...........
Rent and Eviction -- Ceased to occupy - It is on the date of filing of the petition that Rent Controller has come to a finding that tenant had ceased to occupy the premises continuously for a period of six month without reasonable cause - Improvement in the financial health of appellant after many years cannot impinge upon the concurrent finding recorded by Rent Control..........
Rent and Eviction -- Ceased to occupy - Meaning - It means actual possession of the tenanted building or use thereof for the purpose for which it is let out - If tenant is shown to be continuously absent from the building for six month, Court may presume that he has ceased to occupy the building or abandoned it - Legal possession of building by tenant, will, by itself, not..........
Rent and Eviction -- Ceased to occupy - Initial burden is on landlord to prove - Once such evidence is adduced, burden shifts on tenant to prove that was reasonable cause for his having ceased to occupy the tenanted premises for a continuous period of 6 months. (Kerala Buildings (Lease and Rent Control Act, 1965, S.11(4)(v)...........
Delhi Rent Control Act, 1958, Section 14(1)(2) -- Bonafide requirement - Shop - Required to run business - Leave to defend sought by tenant on the ground that shop is situated in residential area and the same cannot be used as a shop - Point raised by tenant requires consideration - Moreover, landlord never claimed that no permission from any Govt. authority is required by..........
Goa, Daman and Diu Building (Lease, Rent and Eviction) Control Act, 1968, Section 32(3) -..........
Civil Procedure Code, 1908, Order 13 -- Placing of documents on record and its proving - Eviction petition on ground of non-payment of rent - Tenant tended his affidavit in examination-in-chief along with documents and his cross-examination recorded - Petitioner filed application to place and prove on record renewed premium receipt and income tax returns alleging that..........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14 -- Eviction - Sought on ground that building has become unfit and unsafe for human habitation and same is required bona fide for building and rebuilding and the same cannot be carried out without vacation of the building - Notice issued by Municipal Council to pull down the demised premises - Building was also..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Bona fide requirement - Eviction sought on ground of bona fide requirement for purpose of setting her son in business of a Dhaba - Held, requirement is bona fide - Tenant liable to be evicted on ground of personal necessity...........
Civil Procedure Code, 1908, Order 21, Rule 101 -- Execution - Ejectment decree - Resistance by sub-lessee - Sub lessee also filed proceedings under Rent Act for being declared direct tenant of D.H. - Decree holder filing application for police help - Sub lessee filed application U.O.21.R.101 for declaration of his rights and title - High Court directed that applications be..........
