Rent and Eviction -- Eviction order against deceased tenant without substitution of his LRs - Order passed against deceased tenant is thus, non-est...........
Rent and Eviction -- Bona fide need - Need has to be real one rather than a mere desire to get the premises vacated...........
Rent and Eviction -- Bona fide need - Need of landlord for getting the suit premises vacated for establishing his two sons has to be seen on the date of filing of suit i.e. in 2001 - On the said date, need of landlord stands established - Said need would not get eroded by any earlier decree of eviction of the year 1988...........
Rent and Eviction -- Bona fide need - Landlord required premises for establishing an ultrasound machine for his two unemployed sons - Issue that his two unemployed sons do not have any expertise/training to run the ultrasound machine, the argument is without any substance, as person establishing such devices or ultrasound machines himself need not have any expertise in..........
Rent and Eviction -- Bona fide need - Landlord having other properties - It is for the landlord to take a decision in this regard - Once he has decided to get the suit premises vacated, no error or illegality could be pointed out in his decision - Moreover the suit premises is the most suitable accommodation for the required business - As landlord has proved his bona fide..........
Rent and Eviction -- Ex parte proceedings - Burden of proof of the party who approached the Court will not be hefty when his averments stand undisputed in an ex parte proceeding - Only a prima facie proof of relevant facts constituting the cause of action would suffice, and Court would grant him such relief as to which he may in law be found entitled...........
Rent and Eviction -- Ex parte proceedings - When opposite party is set ex parte, he is not forbidden to take part in the further proceedings of the case - It is open to him to join and participate in the proceedings at a later stage by accepting the events which had taken place in the interregnum as they stand...........
Rent and Eviction -- Ex parte proceedings - When a judgment/final order is passed ex parte, Court will provide in the judgment/order a summary of pleadings, points for determination and findings therein after succinctly discussing oral as well as documentary evidence...........
Kerala Buildings (Lease and Rent Control) Rules, 1979, Rule 11(8) -- Ex parte eviction order - Term "the dispute may be decided ex parte" means dispute must be decided in the manner provided in the said provision, when party duly summoned fails to attend - In other words, decision should be in writing and it must be made after considering oral or documentary evidence..........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11 -- Eviction - Satisfaction of Court as to genuineness of claim made by landlord is a concomitant element of a valid order of eviction under the Act - An order passed under the Act without arriving at such satisfaction is a nullity and unsustainable in law...........
