East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Rent and eviction - Bonafide need - Merely because a person has retired cannot lead to a presumption that he cannot carry on with any other work or he is not capable of doing tuition work...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Rent and eviction - Bonafide need - Suitability or otherwise of premises - Has to be determined by landlord...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Rent and eviction - Bonafide need - Neither tenant can dictate landlord in respect to the manner of use of premises nor can Court proceed on an assumption that need or requirement of landlord is not bonafide...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Eviction suit - Tenant sought to produce some additional evidence - However, suit was contested by tenant for about 16 years - No averment in application that why alleged additional evidence is necessary to decide real controversy involved in the revision - Application filed on mere..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7 -- Eviction - Land recorded as Shamlat Patti - Without having recourse to provisions of S.2(g) of the Act Courts below allowed the petition - Even, Courts below failed to hold as to how the land in question would fall in definition of S.2(g)(3) of the Act if it is recorded as Shamlat Patti and not being used for..........
Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947, Section 13 -- Eviction petition - Alternative accommodation - Original tenants secured alternative accommodation in 1975 and despite that company allowed him to be continue in tenanted premises - Thereafter, his legal representatives too continued - But that cannot be a disabling factor for owner to press..........
Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947, Section 13 -- Eviction petition - Subletting - Landlord has to prove only that person other than tenant is in possession of suit premises - Once that is proved, tenant must explain under what circumstances a person other than himself has been in possession of suit premises...........
Delhi Rent Control Act, 1958, Section 14(1)(e), 25B(8) -- Eviction petition - Bonafide necessity - Leave to defend - Landlord has merely stated that first floor is rented out and rental of three shops on first floor is source of income for landlord - No material has been placed on record to show that shops are occupied by tenants - Landlord has not even mentioned in..........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(2), 11(3) -- Rent and eviction - Bonafide need - Building owned by partnership firm - No partner individually can claim to be a landlord when firm owns building, hence, one partner cannot claim eviction on ground of bona-fide need for his/her own occupation of building...........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(2), 11(3) -- Rent and eviction - Bonafide need - Building owned by partnership firm - S.11(3) of Act show that a landlord alone can claim eviction on ground of bona-fide need for his own occupation - Individual partner cannot be regarded as landlord in respect of a building owned by a firm - Thus, S. 11(3) of..........
