Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(2)(iii) -- Suit for eviction - Ground of material alteration to suit premises without consent - Plea that tenant had removed a beam between two shops - There is lack of any evidence on behalf of landlord regarding date of such alterations - Also, if that beam was removed the ceiling would have collapsed -..........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(2)(b) -- Eviction petition - Default in payment of rent - Cause of action u/s 11(2)(b) of the Act is a recurring cause of action, whenever the tenant causes default in payment of rent and failed to pay arrears of rent, in response to demand notice u/s 11(2)(b) of the Act - Therefore, earlier petition filed u/s..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Rent & Eviction - NRI landlord - Leave to defend - It is incumbent on tenant to apply for leave to contest within 15 days from date of service of notice - Since tenant failed to apply leave to defend within said 15 days, petition for leave to defend rightly dismissed...........
Rent and Eviction -- Order of Eviction - Award of damages - Since tenant has used suit property without paying rent, therefore awarding damages by trial Court @ Rs.12,000 pm, higher than the rent of suit property, from date of institution of suit till delivery of possession of suit property is proper...........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(4), 11(3) -- Suit for eviction - Bonafide need - Oral testimony of husband and son of landlady prima facie establishing bonafide requirement of suit premises for setting up personal business of her son - Failure of tenants in discredit oral testimony of prosecution witnesses - Onus of proof to prove that other..........
Delhi Rent Control Act, 1958, Section 14(1)(b) -- Eviction order - Tenant undertakes that he shall vacate and handover peaceful vacant possession of tenanted premises to landlord - Tenant further undertakes that he shall pay a sum of Rs.35000/-p.m with effect as use and occupation charges to landlord till time he hands over peaceful vacant possession of tenanted premises..........
Eviction Order -- Bonafide requirement - No evidence is produced on behalf of tenant to show that need as projected by landlord is not bonafide - Tenant has not been able to produce any evidence to show that landlord has other suitable alternative accommodation available - There is no dispute of relationship of landlord and tenant between parties - No infirmity in the..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Eviction petition - Plea of decree holder/tenant that no new document can be taken into account by executing Court - Boundaries of demised premises had been mentioned by decree-holders/landlord in petition for eviction which has been allowed - If site plan has been produced before executing Court in terms..........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction petition - Bonafide necessity - Leave to defend - Tenant admit that landlord is owner of property and there is a relationship of landlord and tenant between them - Tenant also admit that need of landlord is bonafide and that landlord does not have any other suitable alternative accommodation available for his..........
Rent and Eviction -- Re-induction of tenant after re-construction - Statement by counsel for landlord - Landlord cannot be allowed to resile from the statement made by his counsel when such statement is an unequivocal statement made by his counsel to espouse his cause - It is not the case of landlord that he had not instructed his counsel not to make such a statement -..........
