Tripura Buildings (Lease and Rent Control) Act, 1975, Section 12(2), 12(3) -- Eviction petition - Non-payment of rent - Despite notice of demand for paying rent and also for vacating premise bonafide requirement, tenant did not pay arrears of rent within period as prescribed by tenant - Tenant not entitled to get any protection as provided under RCC Act - Petition..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Eviction petition - Amendment sought after about 30 years of filing written statement, which was not bonafide - It was an mala fide attempt with an intent to delay disposal of case - Application rightly rejected...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1(c) -- Review - Suit for eviction - Appellate Court not considered issue of bonafide need and relative hardship of landlord - Also it should not have reversed finding of Prescribed Authority - In absence of error apparent on face of record - Review petition, not maintainable...........
Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Act, 1972, Section 21(1)(a) -- Release of premises - Bonafide requirement - When family of landlord is large and they are engaged in tailoring work or other job and they want to set their own permanent business, then for said purpose bonafide need cannot be disputed...........
Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Act, 1972, Section 21(1)(a) -- Release of premises - Bonafide requirement - Comparative hardship - There is no evidence on record that petitioners has ever made any serious effort to search out any alternative accommodation - Hence, comparative hardship not proved on record - Petition dismissed...........
Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Act, 1972, Section 21(1)(a) -- Release of premises - Bonafide requirement - Comparative hardship - Long duration of occupation - Cannot be a ground for tilting issue of comparative hardship in favour of tenant...........
Agreement to sell -- Specific performance - Sale to third party - Third party purchased property knowing fully well about existence of sale agreement in favour of plaintiff - Third party is not bonafide purchaser for valuable consideration to have the protection under the provisions of Specific Relief Act - In the instant case plaintiff not only pleaded but also proved his..........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Rent and eviction - Bonafide requirement - Payment of user charges from date of eviction order during pendency of revision petition - As per evidence on record, there is no other comparative lease shown by tenant - Direction for payment of user charges @ Rs.80,000/-p.m. alongwith arrears held, just and proper...........
Constitution of India, 1950, Article 21, 22 -- Illegal detention - Offence u/ss 498A, 406, 323, 504, 506, 34 IPC - Police approached petitioner at 6:30 am and he was formally arrested at 15:45 hours on the same day - However, petitioner was produced before Magistrate next day at 3 pm - Hence, total detention of petitioner exceeds 24 hours in violation of Art 22(2) of..........
Family Courts Act, 1984 -- A stranger/outsider to family can be given a share - Family settlement or arrangement need not be necessarily among members of joint family having a right of succession - But such arrangement must be fair and bonafide...........
