Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction petition - Bonafide necessity - Tenant cannot dictate as to how else a landlord can adjust himself - It is for landlord to choose place of business more suitable to him...........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction petition - Bonafide need - Concealment of fact - Concealment to non suit landlord should be concealment of a material fact, which would have a bearing on facts of case and ultimate decision - Landlord is obliged to disclose accommodation which is available to landlord and which could be comparable or alternative to..........
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..........
Civil Procedure Code, 1908, Section 11, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Res judicata - Eviction petition - Previous eviction petition dismissed as erstwhile landlady/deceased sought possession of demised premises which is a commercial property by claiming that it was required by her for `residential purposes' which concerned Courts naturally..........
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..........
East Punjab Rent Restriction Act, 1949, Section 13 -- Eviction petition - Bonafide need - Remarriage of old aged mother of landlord after death of his father does not debar him to keep her with him in demised premises situated on ground floor nor debars her to live with her son - Thus, in case, landlord needs demised ground floor for bonafide requirement to keep his mother..........
Delhi Rent Control Act, 1958, Section 14(1)(a), Civil Procedure Code, 1908, Order 41, Rule 27, Slum Areas (Improvement and Clearance) Act, 1956 -- Eviction order - Slum area - Plea whether or not property located in a slum area was raised for first time through application U.O.41.R.27 CPC that too at appellate stage, both parties ought to have been given adequate..........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(3), 11(8), 11(10) -- Eviction petition - Comparative hardship - Buildings in possession is situated outside locality or town in which petition schedule shop rooms are located - Wider range and scope of S.11(8) of the Act than that of S.11(3) of the Act in deciding plea of parties with respect to comparative..........
