Civil Procedure Code, 1908, Order 6, Rule 17, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Amendment of written statement - Dismissal of application - Eviction petition - Admittedly, issues were framed - Landlord concluded his evidence - Tenant also filed his affidavit as his examination-in-chief in his affirmative examination and he has even cross-examined..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Rent and eviction - Bonafide need - Neither tenant can dictate landlord in respect to the manner of use of premises nor can Court proceed on an assumption that need or requirement of landlord is not bonafide...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Eviction suit - Tenant sought to produce some additional evidence - However, suit was contested by tenant for about 16 years - No averment in application that why alleged additional evidence is necessary to decide real controversy involved in the revision - Application filed on mere..........
Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947, Section 13 -- Eviction petition - Subletting - Landlord has to prove only that person other than tenant is in possession of suit premises - Once that is proved, tenant must explain under what circumstances a person other than himself has been in possession of suit premises...........
Delhi Rent Control Act, 1958, Section 14(1)(e), 25B(8) -- Eviction petition - Bonafide necessity - Leave to defend - Landlord has merely stated that first floor is rented out and rental of three shops on first floor is source of income for landlord - No material has been placed on record to show that shops are occupied by tenants - Landlord has not even mentioned in..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Unfit and unsafe for human habitation - Application of landlord for inspection of demised shop by expert witness was allowed - Plea of tenant that effect of allowing application of landlord gives opportunity to landlord to fill up lacunae in their evidence - Held, question of filing up lacunae..........
Delhi Rent Control Act, 1958, Section 14(1)(e), Civil Procedure Code, 1908, Section 92 -- Eviction petition - Bonafide necessity - To maintain a petition u/s 14(1)(e) of the Act landlord does not have to show absolute ownership but is required to show a better title than tenant - Further a tenant who admits his tenancy and even admits relationship of landlord-tenant cannot..........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction petition - Bonafide necessity - Tenant cannot dictate as to how landlord has to put to use an accommodation which is available to landlord - Landlord is best judge of his/her requirement and suitability - Neither tenant nor can Court dictate to landlord...........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction petition - Bonafide necessity - Leave to defend - Plea of tenant that landlord expressed desire for six different purposes and in tenanted shop all six purposes cannot be fulfilled - Merely because landlord requires premises for six purposes does not mean that landlord should be denied eviction solely because all..........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction petition - Bonafide need - Leave to defend - Plea of petitioner is that respondent is not the owner and landlord of premises and he has claimed ownership rights in himself - Petitioner has not been able to establish that he is owner of property or dispute the relationship of landlord and tenant between parties -..........
