Rent and Eviction -- Residential-cum-commercial building - S.20(4) Proviso of Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 - Held, a building which can be used for residential as well as commercial purposes cannot be said to be excluded from the clutches of proviso to sub-section (4), if built, or acquired in vacant state within..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Eviction suit - Where tenant admitted the relationship of tenancy and period of lease agreement but resisted landlord's claim by setting up a defence plea of agreement to sale and also filed suit for specific performance, which of course is contested by landlord, such issues arising between parties..........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14 -- Eviction petition - Bona fide requirement - Reconstruction - Landlord is only required to show that he requires the building bona fidely for demolition and reconstruction - Bona fide is also referable to building, where landlord wants to demolish the building by taking into consideration condition of building -..........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14 -- Eviction - Bona fide requirement - Demolition and reconstruction of building - Tenant contended that no steps were taken by landlord for obtaining requisite sanction from authorities for building and rebuilding work - Contention of tenant even if assumed to be correct that landlord does not have a sanctioned..........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14 -- Eviction - Bona fide requirement - Fact that landlord rented out a part of the building or carried out extensive repairs - Not an impediment or disadvantage in considering his bona fides - It is for landlord to decide as to in what manner premises are to be used - It is not open for tenant to dictate terms - No..........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14 -- Eviction order passed with condition that same shall not be executed unless the landlord produces the sanctioned building plan before executing authority - Landlord has taken exception to the said eviction order - However, no exception to such condition can be taken by landlord, particularly when landlord has not..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Eviction - Grounds of arrears of rent, sub letting and bona fide need - Petition allowed on all the three counts - Landlord is the best judgment qua his needs and requirement - Nothing on record to suggest that need put forth by landlord is not genuine - Eviction order upheld...........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11 -- Rent and eviction - Bonafide requirement - Eviction petition - Maintainability - To file petition u/s 11(8) of the Act, it is material whether landlord is in occupation of another portion of same building of which tenanted premises is a part - If he is, then petition u/s 11(8) of the Act is maintainable...........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Suit for permanent injunction by tenant restraining landlord from evicting him without following due process of law - Defendant can advance a counter claim with the relief of eviction, arrears, house rent and damage - In view of admitted relationship, such a counter claim can never be said to be not..........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(2)(a)(b), 11(3) -- Rent and eviction - Bonafide requirement - It is for the landlord to decide as to which premises is required by him - Appellate Authority also found that the reasons put forward for not utilising certain rooms for satisfying the need of his son were acceptable - No reason to take a different..........
