Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Eviction petition - Material alteration - Wall admittedly removed by tenant is one separating two shops - Identity of property is clearly lost - It is indeed a material alterations which has led to impairment of value of property in question - No infirmity, illegality in order passed - Eviction order..........
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..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Rent and eviction - Fixation of mense profits - Admittedly, year of tenancy is 1989, which shows that tenant was inducted as a tenant around 30 years back at Rs.420/- p.m. as rent - As in these last 30 years, there are steep rise in the prices of essential commodities therefore, fixation of mense profits at..........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14(2)(v) -- Rent and eviction - Non use of tenanted premises - Business of tenant in premises can only be carried out in case necessary returns under sales Tax/VAT as were required at that time have been filed - However, no reliance placed on electricity bills or statements of witnesses from electricity board or oral..........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14(2)(v) -- Rent and eviction - Non use of tenanted premises - In order to come to conclusion as to whether tenant has ceased to occupy premises 12 months prior to filing of eviction petition, one would essentially be required to discuss evidence that was led by parties not only at time when issues were framed by Rent..........
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 - Arrears of rent - Any dispute qua provisional rent - Can be raised only subsequently as assessment is clearly provisional made before commencement of evidence - No excuse is available to tenant at that stage for not depositing the rent - Failure to deposit same will invite eviction order...........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Ex-parte order - Setting aside - Eviction order - Application filed after more than 3 years after ejectment order was passed - Attempts of tenant had been to delay proceedings by one way or other - It is by now more than 19 years after eviction order was passed in favour of landlords and at this stage, tenant..........
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...........
