Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(3) -- Eviction petition - Bonafide need - Burden of proof - Entire burden of proof is on tenant to substantiate that RCP is hit by first proviso to S.11(3) of the Act and that tenant is entitled to benefit of second proviso to S.11(3) of the Act...........
East Punjab Rent Restriction Act, 1949, Section 13B -- Rent and eviction - NRI landlord - Subsequent petition filed by a co-owner after availing right by filing a previous petition and successfully getting order of eviction u/s 13-B of the Act is debarred from filing fresh petition u/s 13-B of the Act...........
East Punjab Rent Restriction Act, 1949, Section 13B -- Rent and eviction - NRI landlord - NRI cannot exercise right u/s 13-B of the Act for more than one building of each category...........
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...........
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..........
East Punjab Urban Rent Restriction Act, 1949, Section 13, 13B -- Eviction petition - Leave to contest - U/s 13 of the Act, ejectment of tenant can be sought by landowner on various grounds specified therein - In petition u/s 13 of the Act, tenant is not required to seek leave to contest - Tenant is permitted to contest petition in accordance with law - Thus, eviction of..........
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..........
Rent and eviction -- Arrears of rent - Acceptance of arrears of rent from tenant or his representative does not create a new tenancy - Such acknowledgement can also not be treated as continuation of subsisting tenancy which was previously determined by a notice to quit and followed by decree of eviction...........
