Himachal Pradesh Urban Rent Control Act, 1987, Section 14(3) -- Eviction - Re-construction of building - Re-entry of tenant - Directions by HC - Held, while permitting/allowing rebuilding, Rent Controller/Appellate Authority shall fix a time within which construction has to be commenced and completed by landlord - Tenant must vacate premises in order to enable landlord to..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(3)(i)(i) -- Eviction - Bona fide need - Tenant failed to point out any evidence on record to show that need of landlord was not genuine - Both Courts below recorded concurrent findings that tenanted premises were required by landlords for their bona fide need - Contention that landlords could have filed..........
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, Civil Procedure Code, 1908, Order 41, Rule 27 - - Eviction - Personal necessity - Appeal - Additional evidence - Application to prove that son of landlord is gainfully employed in his business and there is no need of demised premises - It is apparent from record that tenant was aware that son of landlord..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(iii) -- Material alteration - Impairing value and utility - Proof - Plea of landlord that shutters had been removed from within shop to outside shop - There were four shops in row and in two shops shutters had been placed inside and in two shops they had been placed outside - There was no uniformity in the manner..........
East Punjab Urban Rent Restriction Act, 1949, Section 17 -- Eviction proceedings - Held, in an action for ejectment adjudication has to be necessarily only between person claiming to be landlord and tenant - Third party intervention cannot be permitted at all...........
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..........
Transfer of Property Act, 1882, Section 58, 76(a), 111(c) -- Mortgage - Tenant inducted by mortgagee of his own without there being any stipulation in the mortgage deed - After redemption of mortgage original mortgagor cannot be forced to treat the tenant to be his tenant - Tenant does not get any protection after redemption of mortgage - The interest, if any, created by..........
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 -..........
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..........
