Constitution of India, 1950, Article 227, Delhi Rent Control Act, 1958, Section 25B(8), 25B(9) -- Eviction petition - Leave to defend by tenant - Application dismissed - Review there against also dismissed - Both the orders challenged by way of writ petition under Article 227 Constitution of India - An order refusing leave to defend in favour of tenant is amenable to..........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Rent and eviction - Application by tenant for leave to defend was dismissed - Bonafide requirement - As per landlord/respondent full time servants required as per the age of landlord and his wife and said room is needed for residence of such servants - Therefore, considering locality and financial status of landlord, need..........
Delhi Rent Control Act, 1958, Section 14(1)(e), 25B(8) -- Rent and eviction - Application of petitioner/tenant for leave to defend was dismissed - As per petitioner, there being two separate shops which has been merged into one and dissolution deed of firm accepts petitioner as tenant of 1/3rd premises and he is liable to pay his share of 1/3rd rent is clear indication of..........
Delhi Rent Control Act,1958 -- Rent and eviction - Protection from eviction under the Act - Is subject to grounds for eviction as stipulated therein being made out - Once ground for eviction in accordance with procedure prescribed is found to have been made out, tenant cannot thereafter be heard to state that he is still entitled to protection from eviction - Legislature..........
Delhi Rent Control Act, 1958, Section 14 -- Eviction petition - Bonafide requirement - Leave to defend - Once it is admitted that landlord and his family members are a business family and are carrying on their business from whatever portions are available or from time to time have become available in property they are always entitled to seek eviction of tenant in other..........
Delhi Rent Control Act, 1958, Section 25B -- Eviction petition - Bonafide requirement - Limitation for purpose of filing leave to defend - Mode of service - Both modes of service are mandated and have to be resorted to simultaneously by Controller - However, if service through one mode is completed or successful, that is deemed sufficient, irrespective of whether other..........
Delhi Rent Control Act, 1958, Section 14(1)(e), 25(8) -- Eviction petition - Bonafide requirement - Leave to defend granted to tenant - Dishonest conduct of landlord - Triable issue raised by tenant therefore, leave to defend rightly granted to tenant...........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction petition - Bonafide requirement - Leave to defend - Question of ownership - Essential ingredients u/s 14(1)(e) of the Act which has to be established and raises a triable issue - Since there is a triable issue raised by tenant, it is a fit case where leave to defend ought to have been given to tenant - Order..........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction - Bona fide requirement - Leave to defend - Landlord sought eviction of tenant from shop on ground of bona fide requirement - Landlord is carrying on his business from shop located in narrow lane - Tenant is in occupation of shop located on main road which landlord considers to be more suitable for his own business..........
Delhi Rent Control Act, 1958, Section 14(1)(e) - - Eviction - Bonafide requirement - Leave to defend - Respondent/landlord is doing business of sale of wholesale saree from shop which though is located on first floor but is located at place which is a wholesale saree market - Suit shop is located at place which is wholesale book market and is not suitable for running a..........
