Himachal Pradesh Urban Rent Control Act, 1987, Section 14(3)(a)(i) -- Rent and eviction - Bonafide requirement - Eviction can be sought by landlord for settling his son u/s 14(3)(a)(I) of the Act even if same is not covered u/s 14(3)(d) of the Act...........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14 -- Eviction petition - Existence of compromise deed between landlord and tenant for peaceful and vacant possession of land on which staff of tenant were residing - Absence of any pre-condition to clear-off all dues before handing over possession - Workers or staff of tenants have no right to create hindrance in..........
Punjab Rent Act, 1995, Section 24(3), Evidence Act, 1872, Section 67 -- Eviction - NRI Landlord - Bona fide necessity - Leave to defend - S.67 of Evidence Act has no application at time of deciding question as to whether leave to defend is to be granted to tenant or not - In case, the respondent would fail to prove his "NRI" character before rent controller, during further..........
Punjab Rent Act, 1995, Section 24(3) -- Eviction - NRI Landlord - Bona fide necessity - Leave to defend - Simple challenge of the petitioner to the title of the respondent is not sufficient to grant him leave to defend - Entire burden as on date is upon the landlord to prove his case u/S.24(3) of Act, in which, the petitioner has nothing to contribute - In case, landlord..........
East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Order 1, Rule 10 -- Eviction - Impleadment of Necessary Party - In absence of any rent receipt or rent agreement, respondent no.3, can only be termed as stranger - Landlord is dominus litis and cannot be compelled to face litigation against stranger by impleading him as a party against..........
Rajasthan Rent Control Act, 2001, Section 9(a) -- Eviction petition - Default in payment of rent - Notice reveals that though landlord claimed that rent of premises for a period of more than 4 months is due but neither actual period of rent nor the amount of rent due was specified in notice issued - Thus, while serving notice the amount due towards arrears of rent which..........
Evidence Act, 1872, Section 102 -- Forged rent receipts - Burden of proof - Suit for restitution of possession - Where landlord alleged that Rent receipts relied upon by tenant were forged and fabricated, burden of proof automatically shifted upon him to establish this claim since in any case, genuineness of his signatures on receipts was not denied...........
Civil Procedure Code, 1908, Order 6, Rule 2 -- Pleadings - Pleadings of relationship of landlord and tenant - Judgment of previous instituted suit in between father of plaintiff and defendant to prove relationship of landlord and tenant - Said judgment cannot be discarded by holding that pleadings with regard to said judgment not made in the plaint - Pleadings with regard..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Eviction - Bonafide requirement - Requirement for doing some social work for poor, needy and destitute women - Landlady owns three buildings - In one building, landlady was living with her three unmarried sisters, whereas, second building was completely in dilapidated condition and third one was the..........
Rent and eviction -- Reconstruction of building - Dilapidated condition - Obtaining of license, approved plan will arise after vacating all tenants - Fact that landlord did not occupy one of the shops that fell vacant shows his intention to demolish old building - Tenant rightly evicted...........
