East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Bonafide necessity - Landlord is best Judge of his requirement and it is not for tenant to suggest as to how he should utilize his property for his own business, and claim of landlords regarding personal requirement is not presumed to be not genuine, unless facts and circumstances indicate any..........
Delhi Rent Control Act, 1958, Section 14(1)(e), 25B(8) -- Eviction petition - Bonafide need - Tenant cannot dictate to a landlord as to how landlord is to use his premises...........
Delhi Rent Control Act, 1958, Section 14(1)(e), 25B(8) -- Eviction petition - Bonafide need - Leave to defend - Merely because property was let out to tenant for commercial purposes does not preclude landlord from using same for residential purposes if same is permissible in accordance with Building Bye-laws - Leave to defend rightly declined...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Rent and eviction - Bonafide necessity and non payment of rent - Landlord failed to prove relationship of landlord and tenant - Even, allotment letter does not give any kind of indication regarding ownership of property - Landlord cannot prove original allotment of premises - No evidence on record to indicate..........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(4) -- Sub-tenancy - Act does not recognize rights of objectionable sub-tenant...........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(4) -- Sub-tenant - Eviction petition - Can be filed without impleading sub- tenant and order of eviction on ground of objectionable sub-lease could be secured by landlord if sufficient materials are placed before the Court...........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(2)(b), 11(3), 11(4)(i), 11(4)(ii), 11(4)(iv), 22, Civil Procedure Code, 1908, Order 22, Rule 4 -- Non-impleadment of legal representative of a tenant - Mere impleadment of sub-tenant ipso facto will not absolve landlord from his liability of impleading legal representatives of original tenant who died pending..........
Assam Urban Area Rent Control Act, 1972, Section 5(1)(e), 5(4) -- Rent and eviction - Non-payment of rent - Where tenant pays lawful rent due from him within fortnight of its falling due or deposit rent in Court with all necessary steps as per requirement of S.5(4) of the Act within fortnight of its falling due upon refusal by landlord to accept rent offered by tenant..........
Assam Urban Area Rent Control Act, 1972, Section 5(1)(e), 5(4) -- Rent and eviction - Non-payment of rent - In order to come to a finding whether tenant has defaulted in payment of rent, the most important fact to be taken note of is when rent falls due...........
Assam Urban Area Rent Control Act, 1972, Section 5(1)(e), 5(4) -- Rent and eviction - Non-payment of rent - Burden of proof - Usually it is the burden of landlord to show as to when rent becomes due and tenant`s burden is to show that he has paid rent or deposited same in Court within fortnight of its becoming due in order to get protection from being evicted...........
