Rajasthan Premises (Control of Rent and Eviction) Act, 1950, Section 19A(3)(h) -- Deposit of rent in Court - Prior to that tenant must remit the rent due by postal money order and on such moneyorder being received back call upon the landlord by serving a notice in writing to specify the particulars of a bank account for the purpose of depositing therein the rent due - It..........
Rent and Eviction -- Bona fide requirement - Date on which requirement has to be proved is date of application for eviction. (AIR 2001 SC 803 : 2001(2) SCC 604) followed...........
Rent and Eviction -- Bona fide requirement - Premises required for starting computer centre for his son holding diploma in computer science - Question whether landlord has financial capacity to start the computer centre is irrelevant consideration and refusing eviction on such ground is improper. (U.P.Urban Buildings (Regulation of Letting, Rent & Eviction) Act, 1972,..........
Rent and Eviction -- Bona fide requirement - Premises required for starting computer centre for his son holding diploma in computer science - Son applied and was granted franchise to open computer centre by BIT and subsequently the same was cancelled - Subsequent cancellation does not mean that landlords' son would not be able to start the centre despite his possessing..........
Rent and Eviction -- Bona fide requirement - Premises required for starting computer centre for his son holding diploma in computer science - Landlord having no other premises whereas tenant had purchased adjoining property - Suit property was used by tenant only for storing purpose - Tenant's business was run in other premises - Held, landlord would suffer greater..........
Rent and Eviction -- Eviction sought on ground of default in payment of rent and reasonable personal requirement - Existence of relationship of landlord and tenant between parties is sine qua non for granting relief - Question of title of parties is not relevant and is beyond scope of Court exercising jurisdiction under Rent Act - Relief of eviction refused by trial Court..........
Rent and Eviction -- Tenant resisted eviction on basis of agreement of sale executed by landlord with partnership firm of which he is one of the partners - Tenant however not able to project himself as partner of firm nor as transferee of agreement - Tenant cannot claim all rights of firm - Tenancy rights are available to the tenant individually over which the partnership..........
Rent and Eviction -- Eviction petition - Bona fide need for own occupation - Does not get eclipsed on account of landlords' earlier inclination to sell the property - It is moreso, when subsequent development indicated that need to occupy arose only long after 6 years from date of agreement to sell the building. (Karnataka Rent Control Act, 1961, S.21(h)...........
Rent and Eviction -- Bonafide need - Landlord living in father's house - Father dying - Relations with step mother strained - Merely because the appellant is living in a room of the huge building which does not exclusively belong to him, it cannot be said that his requirement to occupy the premises for his residence and professional requirements is not reasonable and bona..........
Rent and Eviction -- Rent - Landlord tried to mislead the tenant by claiming arrears of rent of a certain month for which payment had already been made to landlord - Eviction petition dismissed...........