Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(3)(i)(i) -- Eviction - Bona fide need - Held, need of landlord is to be judged from his view point - Tenant cannot dictate terms in this regard...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Eviction - Personal necessity - Held, age is no bar for any person to start any business and Court is no body to impose its own opinion regarding ability of any person to work at any stage - Not only landlords No.1 and 2 who intend to start business but it is also son of landlord No.2 jointly intends to..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading a party - Suit for specific performance - Transferee pendente lite - Law as to - (i) a contract of specific performance is enforceable against the parties to the contract including those who are claiming under them; (ii) It is not enforceable against a subsequent transferee for value who has paid money in good..........
Mines and Minerals (Regulation and Development) Act, 1957, Section 21(5), Punjab Minor Mineral Concession Rules, 1964, Rule 3(ii) -- Minor minerals - Use for private purpose - Permissibility - Held, R.3(ii) exempts excavation of masonry stones and ordinary clay if they are used for a bona fide `personal' requirement by `inhabitants of area' - Word `personal' read with word..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Application U.O.21.R.97 CPC - Interim relief - Lacking in bona fide - Relief of putting objector in possession cannot be granted...........
Delhi Rent Control Act, 1958, Section 14(1)(e), 25B - - Eviction - NRI Landlord - Bona fide need - Leave to defend - Landlord resident of UK - Ownership not disputed - Both petitioner and his wife are aged 84 and 82 years respectively - Admitted position that landlord regularly visits India - In fact he spends half year in India i.e. during extreme cold and harsh winter..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Dismissal for non prosecution - Challenge to - Absence of petitioner/complainant on the date fixed and failure in taking steps for issuance of summon seems to be bona fide - Held, petitioner should not be left remediless - Impugned orders set aside - Complaint restored to its original number..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Bona fide need - Proof - After coming to firm conclusion that relationship of landlord and tenant existed between parties, Courts below examined other questions with regard to bona fide necessity and ordered ejectment - Admittedly, petitioner has two sons - He rented out premises way back in year 1964 -..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Bona fide need - Title dispute - Dispute of title between co-owners - Same is stated to be pending in second appeal - Held, pendency of such appeal would have no bearing on eviction proceedings - Eviction proper - Petition dismissed...........
Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947, Section 13(1)(g) -- Bona fide requirement - Ejectment of defendant/tenant sought on ground of bona fide requirement of plaintiff's/landlady's family of 6 persons i.e. Landlady, daughter, son, daughter-i, law and two grand children - Appellate Court held that need was not bona fide since daughter-i, law..........
