East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Bonafide necessity - Landlord is best Judge of his requirement and it is not for tenant to suggest as to how he should utilize his property for his own business, and claim of landlords regarding personal requirement is not presumed to be not genuine, unless facts and circumstances indicate any..........
Civil Procedure Code, 1908, Section 11, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Res judicata - Eviction petition - Previous eviction petition dismissed as erstwhile landlady/deceased sought possession of demised premises which is a commercial property by claiming that it was required by her for `residential purposes' which concerned Courts naturally..........
Delhi Rent Control Act, 1958, Section 14(1)(e), 25B(8) -- Eviction petition - Bonafide need - Tenant cannot dictate to a landlord as to how landlord is to use his premises...........
Delhi Rent Control Act, 1958, Section 14(1)(e), 25B(8) -- Eviction petition - Bonafide need - Leave to defend - Merely because property was let out to tenant for commercial purposes does not preclude landlord from using same for residential purposes if same is permissible in accordance with Building Bye-laws - Leave to defend rightly declined...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Rent and eviction - Bonafide necessity and non payment of rent - Landlord failed to prove relationship of landlord and tenant - Even, allotment letter does not give any kind of indication regarding ownership of property - Landlord cannot prove original allotment of premises - No evidence on record to indicate..........
East Punjab Rent Restriction Act, 1949, Section 13 -- Eviction petition - Bonafide need - Remarriage of old aged mother of landlord after death of his father does not debar him to keep her with him in demised premises situated on ground floor nor debars her to live with her son - Thus, in case, landlord needs demised ground floor for bonafide requirement to keep his mother..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Bonafide necessity - As per landlord, he required shop in dispute for business of sale and purchase which he would run with help of his brother - As brother has retired and is free to help him to run shop which he could not do earlier on account of his alleged ill health - Need held, bonafide...........
Madhya Pradesh Accommodation Control Act, 1961, Section 23A -- Rent and eviction - Bonafide requirement - Statutory presumptions in respect of bonafide need enumerated in S.23A(a) or S.23A(b) of the Act - However, this does not mean that landlord seeking eviction of special provisions under chapter III-A is exempted from proving essential pre-requisites for earning a..........
Madhya Pradesh Accommodation Control Act, 1961, Section 23A, 23J -- Rent and eviction - Bonafide requirement - Basic pre-requisites for special category of persons enumerated in S.23J of the Act to successfully invoke S.23A(b) of the Act are as follows (i) landlord belongs to one of five categories of persons enumerated u/s.23J of the Act; (ii) landlord owns accommodation;..........
Madhya Pradesh Accommodation Control Act, 1961, Section 23A -- Rent and eviction - Bonafide requirement - It is the Will on basis of which ownership was claimed and same was not produced by landlord in original at time of his examination-in-chief - It appears from record that Will in original was produced along with written arguments and is also shown to be marked though..........
