East Punjab Urban Rent Restriction Act, 1949, Section 13, 13A -- Eviction petition - Bonafide requirement - Landlord specifically stated that there is no other vacant shop for setting up business for his son - Therefore, it cannot be said that landlord did not mention or state in his pleadings about having any other property - Tenant was not be able to show either by way..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Application to lead secondary evidence to prove rent note was dismissed - Once tenant has taken a categoric stand that he had not been inducted as a tenant by father and husband of landlord question of leading evidence for production of rent note would not arise - It would amount to taking a..........
Rent and eviction -- Dismissal of eviction petition of landlord - Bonafide necessity - Landlady cannot start business of manufacturing of garments in area located behind the shop in dispute when according to site map such area map to be vacant land - To except a person to start business on an uncovered area in preference to an existing covered building/premises is not..........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction petition - Leave to defend - Bonafide necessity - Plea of tenant that landlord fail to disclose cause of action in petition - Perusal of eviction petition clearly show that petition does disclose a cause of action - Even, landlord clearly stated that necessary ingredients as required to be established to seek an..........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction petition - Bonafide need - Alternative accommodation - Leave to defend - Explanation given by landlord is not on record in these proceedings and accordingly it becomes a matter of trial and it would be appropriate for parties to lead evidence and establish as to whether landlord has any additional alternative..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B, 18A -- Eviction petition - NRI landlord - `M' was appointed to serve as a Trustee - After death of `M`s' husband she was the Trustee - `M' is willing and capable to pursuing interest of Trustee - In these circumstances, it cannot be said that `M' had no locus-standi to file eviction petition - In any case, the..........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction petition - Co-owners - Maintainability of petition - Bonafide necessity - Eviction petition is maintainable by one of co-owners and landlord does not have to prove absolute ownership but has to show a better title - Thus, eviction petition is maintainable - Further, need as projected by landlord is bonafide and..........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14(2)(v) -- Rent and eviction - Non use of tenanted premises - Burden of proof - Initial burden to show that tenant has ceased to occupy building continuously for 12 months is always on landlord -Landlord has to adduce tangible evidence to prove fact that as on date of filing petition, tenant was not occupying building..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Denial of ownership of Landlord-Tenant relationship and at same time an offer to pay arrears of rent `to avoid any legal complications', without seeking to indicate who accordingly to him is his actual Landlord, clearly goes to show that such plea being raised by Tenant is not genuine - Eviction upheld...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Rent and eviction - Bonafide requirement - Landlord cannot be deprived of using his own property only because it does not suit to the tenant...........
