East Punjab Rent Restriction Act, 1949, Section 13B -- Rent and eviction - NRI landlord - As per S.13-B of the Act, NRI owner has been given a choice to elect/select one residential building, scheduled building and non resident building, respectively - Once NRI elects a building which may only be a part of building then he cannot subsequently file second petition u/s 13-B..........
East Punjab Rent Restriction Act, 1949, Section 13B -- Rent and eviction - NRI landlord - Once NRI elects to file petition/petitions and exercises right u/s.13-B of the Act then he is debarred from filing subsequent second petition...........
East Punjab Rent Restriction Act, 1949, Section 13B -- Rent and eviction - NRI landlord - After an owner has availed benefit u/s 13-B of the Act, he can, thereafter, file a petition u/s 13 of the Act but cannot avail benefit u/s 13-B of the Act, as it is restricted only once during life time of such an owner...........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Non-payment of rent - Tenants contended that rate of rent was Rs.125 p.m and they deposited Rs.10,000 in favour of landlord - Mandate of O.15.R.5 CPC thus, not applicable - Application rightly dismissed...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B, 18A -- Eviction petition - NRI landlord - Leave to defend - No sale deed has been produced by landlords to prove their ownership - However, jamabandi has been produced on file which carries presumption of correctness - Perusal of jamabandi it is apparent that landlords are owner of property - Even, passports prove..........
Transfer of Property Act, 1882, Section 106 -- Lease - Determination of lease due to efflux of time - Once lease deed came to an end due to lapse of tenancy, tenant cannot take benefit of terms of agreement and ask landlord to issue three months prior notice as per terms of lease deed...........
Transfer of Property Act, 1882, Section 106 -- Lease - Determination of lease due to efflux of time - Suit for injunction filed by tenant - Tenant had continued in suit property for more than six years after determination of lease due to efflux of time by creating story about illegal threat of eviction by landlord - He instead of vacating premises filed suit for injunction..........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(3), 11(4)(iv), Evidence Act, 1872, Section 114 -- Eviction petition - Refusal to adduce evidence - Adverse inference - Cardinal flaw in defence set up by tenant is that he refused to mount the box and give any evidence to corroborate with defence set up in written objection - It was rudimentary for tenant to..........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(3) -- Proviso - Eviction petition - Bonafide need - It is not disputed that tenanted premises is situated in ground floor and new vacant room is on first floor of building - Even, if landlord has got another vacant room in his possession on first floor same is of no consequences at all and that will not cause..........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction petition - Bonafide necessity - Leave to defend - As per landlord, family of landlord comprises of 11 family members and accommodation in possession of landlord is only seven room - Even if contention of tenant were to be accepted that daughter-in-law petitioner occupying property are nine and landlord has only..........
