Delhi Rent Control Act, 1958, Section 14(1)(a), 14(2) -- Eviction petition - Non-payment of rent - Benefit of S.14(2) of the Act - Meant for bonafide tenants and cannot be extended to those tenants who are neither paying admitted rent as per directions but also occupation charges as directed by Court to enjoy a stay order - As tenant in instant case is under repeated..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NRI landlord - Plea that right u/s 13-B of the Act has been conferred on the owner - Held, not tenable - Father of landowner, who is settled abroad can collect rent on behalf of his son - U/s. 13-B of the Act, right to seek eviction is with owner of the premises and not the landlord...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NRI landlord - Appearance through power of attorney holder - Held, permissible as power of attorney holder is not a stranger and he is the brother of owner - Once he has answered all the questions, adverse inference against owner cannot be withdrawn, only on no, appearance of the owner...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Rent and eviction - Arrears of rent - Provisional assessment of rent - Is to secure the regular payment to the landlord and test the bonafides of the tenant...........
Government Grants Act, 1895, Section 2, 3, Delhi Rent Control Act, 1958, Section 2 -- Rent and eviction - Perpetual lease deed with Union of India - Non payment of rent by Union of India - Applicability of provisions of Rent Act - Nothing in terms of perpetual lease deed to suggest that grantee would not be entitled to avail of its ordinary remedies as a landlord in the..........
Rent and Eviction -- Sub letting - When eviction is sought on ground of sub letting, onus to prove sub letting is on landlord. (Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, S.10(2)(ii)(a)...........
Rent and Eviction -- Sub letting, assigning or otherwise parting with the possession of the whole or any part of the tenancy premises, without obtaining consent in writing of the landlord, is not permitted and if done, the same provides a ground for eviction of the tenant by the landlord. (Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, S.10(2)(ii)(a)...........
Bihar Building (Lease, Rent and Eviction) Control Act, 1983, Section 14(8), 11, 18 -- Eviction petition - Validity - Bonafide requirement for own occupation clearly established by landlord through evidence - Eviction, proper...........
Rajasthan Rent Control Act, 2001, Section 6, 9 -- Eviction petition - Non-use of tenanted premises - No photograph or any other documentary evidence produced by landlord which could show that for which period tenanted premises remained closed - Rather landlord in his cross-examination stated that shop in question was lying closed since April, 2005 whereas application under..........
East Punjab Urban Rent Restriction Act, 1949, Section (13)(a)(ii) -- Rent and eviction - Bonafide need - Need of landlady/landlord has to be seen from the angle of landlady/landlord and not from the view of tenant...........