Rent and Eviction -- Bona fide requirement - Alternative reasonable accommodation available to the landlord - Landlord refusing to occupy the same - Inference may be drawn that need of landlord was not bona fide. (Delhi Rent Control Act, 1958, S.14(1)(e)...........
Rent and Eviction -- Bona fide requirement - Landlord's family consisted of 5 members - Landlord having three bed rooms - Landlord and his son both Doctors - Accommodation sufficient for residence - Their requirement for additional accommodation to use as residential clinic - Need bona fide. (Delhi Rent Control Act, 1958, S.14(1)(e)..........
Rent and Eviction -- Bona fide requirement - The words `need' and `require' denote a certain degree of want with a thrust within demanding fulfilment (ii) Term bona fide refers to a state of mind - Requirement is not a mere desire - Degree of intensity contemplated by requirement is much higher than in mere desire (iii) The phrase `required bona fide' is suggestive of..........
Rent and Eviction -- Revision before High Court - Revisional power be exercised when Court commits one of three errors namely (i) having exercised jurisdiction not vested in it by law (ii) having failed to exercise a jurisdiction so vested, or (iii) having exercised its jurisdiction with illegally or material irregularity - Revisional power of High Court under S.25-B(8) of..........
Punjab Municipal Act, Section 3, 63 -- House - tax based on agreed fair rent - Not challenged - Contention that agreed rent is not fair rent and there has been violation of the provisions regarding fixation of annual value - Not tenable...........
Haryana Municipal Act, 1973, Section 80, 84, 2(1)(a)(i) -- Revising of rental value enhancing house - tax leviable on the premises - Objections - (i) that property in dispute owned by Charitable Trust and not leviable to house - tax in terms of Government Notification, and (ii) annual rental value not determined on the basis of fair rent determined by Rent Controller - Not..........
Rent and Eviction -- Sub letting - Premises under tenancy with partnership firm - Partnership firm dissolved - Manager of the firm continuing business in same name and style - Landlord not aware of this fact and accepting rent - Does not create tenancy in favour of Manager - Held, it was sub-letting - Mere payment of rent by itself does not make a person tenant - A tenancy..........
Rent and Eviction -- Revision before High Court against order of eviction - Findings of fact arrived at requires no interference unless they are erroneous, absurd or there is misreading of evidence. (Haryana Urban (Control of Rent and Eviction) Act, 1973, Ss.15(6) and 13.)..........
Rent and Eviction -- Sub-letting - When a third person is found to be in possession, then the onus shifts on the tenant to explain the possession of the third person. (East Punjab Urban Rent Restriction Act, 1949, S.13(2)(ii)(a)...........
Rent and Eviction -- Sub-letting - Respondent No.2 permitted to keep his articles as a licensee of Respondent No.1. - Not a case of sub-letting - Respondent No.2 not in legal possession to the ouster of respondent No.1 - No sub-letting. (East Punjab Urban Rent Restriction Act, 1949, S.13(2)(ii)(a)...........
