East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Rent and eviction - NRI landlord - Bonafide requirement - Presumption - With regard to bonafide requirement of landlord for use and occupation of demised premises is drawn in favour of landlord once ingredients are fulfilled - However, such presumption can be rebutted only by making out a very strong case by..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Rent and eviction - Bonafide requirement - Presumption - NRI landlord - Leave to defend - Except bald assertion there is nothing on record to rebut the presumption drawn in favour of landlord that his requirement is bonafide - Leave to defend declined...........
East Punjab Urban Rent Restriction Act, 1949, Section 13, 18 -- Rent and eviction - Bonafide requirement - NRI landlord - Leave to defend - Non-compliance of S.18-A(2) - No prejudice shown to have been caused to tenant - Leave to defend declined...........
Rent and Eviction -- Denial of title of landlord or tenant asserting title to the property - Burden lies on landlord to show that he has prima facie title to the property - Though no detailed examination is required but only for the purpose of determining whether the denial of the title by tenant is bonafide or not, landlord has to let in some satisfactory evidence to..........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction petition - Bonafide need - Death of tenant - After death of tenant the tenancy devolves upon legal representatives as joint tenants and not as tenants-in-common - Eviction petition filed against one or other legal representatives of deceased tenant who is in occupation of the premises is a valid petition...........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction petition - Bonafide need - Leave to defend - Son of landlord alleged having a plot - Held, a plot cannot be equated with a residential house which is the property in question...........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction petition - Bonafide need - Leave to defend - Landlord having only three rooms for a family of 12 members which is not sufficient - Need bonafide - Leave to defend rightly declined...........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Not to be evaluated at the stage of deciding application - However, a duty is cast on the Court to examine prima facie the relevancy of the material sought to be produced so as to conclude that application filed is bonafide and not to abuse the procedural law to harass the opposite party...........
East Punjab Rent Restriction Act, 1949, Section 13 -- Bonafide requirement - Concurrent findings - Landlord specifically stated that demised premises is required by him for his personal use and occupation to supplement his needs after his retirement and also for use of his daughters who will be doing work of stitching in demised premises - Daughter denied need in cross..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NRI landlord - Bonafide requirement - Leave to contest - Landlord fulfilled all ingredients of S.13-B of Act - Tenant sought leave to defend on ground that in year 2004 landlord attempted to take forcible possession of shop in dispute and tenant had to file civil suit seeking permanent injunction wherein landlord..........
