Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction petition - Bonafide necessity - Tenant cannot dictate to landlord as to how landlord has to make use of available accommodation or how landlord has to adjust himself - Landlord who is having shortage of space cannot be asked to squeeze herself and her family in lesser accommodation merely to accommodate tenant...........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction petition - Bonafide necessity - Owner/landlord is the best judge of his requirements and so long as his judgment is not fanciful or malafide - Court should not substitute its own opinion - Landlord has a right to make himself more comfortable...........
Transfer of Property Act, 1882, Section 111 -- Termination of lease - Sub-letting - Lease came to end in 1996 and same not extended - Lease agreement does not give an automatic right of renewal to tenants - Since tenants sub-let the property which is reflected in inspection report of Revenue Officer and there has been breach of terms and conditions of lease agreement by..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(1)(a) -- Eviction petition - Bonafide requirement - Death of landlord - It cannot be said that since landlord has died therefore petition is deemed to have abated - Once requirement of landlord himself along with son has been pleaded and he has appeared in evidence continuity of bonafide requirement of tenant..........
Civil Procedure Code, 1908, Order 11, Rule 14 -- Production of documents - Eviction suit - Documents sought by landlord are regarding another additional property acquired by tenants - Tenants have admitted in their written statement that they have acquired additional property - However, tenants have not produced said documents on record - Production of said documents are..........
Rent and eviction -- Dispute as to title of property - Rent Controller has no jurisdiction to adjudicate upon title of property - Rent Controller is only to conclude about existence or otherwise of relationship of landlord and tenant between parties - Question of title, if disputed, at best can incidentally be looked into, only with a view to decide primary question of..........
Civil Procedure Code, 1908, Section 151, Order 41, Rule 27 -- Additional evidence at appellate stage - Eviction petition - Bonafide requirement - Landlord has not pleaded that his son is working in Delhi and present premises is required by his son to open a new business or to expand - In these circumstances, it is necessary to grant opportunity to tenant to further..........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(3), 11(4)(iv) -- Rent and eviction - Bonafide necessity - Merely because landlord`s son does not pass at first attempt his Engineering course it cannot be said that landlord deliberately suppressed fact to gain undue advantage - Landlord`s son has ultimately passed his engineering before final decision was..........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(3), 11(4)(iv) -- Rent and eviction - Bonafide necessity - Tenant does not have a case that landlord is in possession of other shop rooms other than the one that he has sought for eviction to start a consultancy service for his son - As tenant has not proved that landlord has any other vacant buildings in his..........
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..........
