East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Bonafide necessity - Bonafide necessity of landlord has to be more than a mere whim and desire - At same time, it is landlord who is sole judge of his bonafide requirement and Court is not to proceed on a presumption that requirement of landlord is not bonafide...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Bonafide necessity - Merely because landlord`s father is having office at backside of demised premises does not preclude landlord from claiming bonafide personal necessity in as much as it is clearly pleaded and stated he is working separately from his father and now sought to have his own..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Bonafide necessity - Merely because landlord was found present at office of his father cannot lead to a definite and inescapable conclusion of using said premises which would preclude him from seeking eviction of tenant from demised premises...........
East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Order 9, Rule 13 -- Suit for eviction - Bonafide need - Exparte order of eviction during pendency of first proceedings - Setting aside of - There is sufficient explanation for non-appearance of petitioners in present proceedings - Petitioners had deposited the arrears of rent and mesne..........
Indian Penal Code, 1860, Section 441 -- Criminal trespass - To constitute essence of offence of criminal trespass u/s 441 IPC basic ingredient is intention and not simple occupation after service of notice to vacate - In all these cases, bonafide claim advanced by tenant has to be carefully considered before taking cognizance...........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Rent and eviction - Bonafide requirement - Relationship of landlord and tenant - Landlord filed rent receipts - Tenant cannot now deny ownership of landlord...........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Rent and eviction - Bonafide requirement - Landlord has not to prove absolute ownership as under Transfer of Property Act - He has to prove only his title is better than that of tenant - Once tenant has attorned in favour of landlord then u/s 116 of Transfer of Property Act tenant is estopped from challenging title of..........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Rent and eviction - Bonafide requirement - Plea of re-letting - Plea held, not tenable as said fact can very well be taken care of by having resort to S.19 of the Act in case premises is re-let within three years from date of its vacation...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Bonafide requirement - Concealment of material facts - There is active concealment on part of landlord regarding property which he admittedly owned - Admittedly, landlord rented out one of shops during pendency of petitions about two months prior to recording of his statement before Rent..........
Gujarat Rents, Hotel and Lodging House Rates Control Act, 1947, Section 13(1)(G), 13(2) -- Rent and eviction - Bonafide requirement - Landlady is a retired teacher who wish to settle in her own house at evening of her life - Landlady clearly proved her hardship and tenant not lead any evidence to show that he made any effort for purchase or construction of his own house -..........
