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..........
Transfer of Property Act, 1882, Section 106 -- Eviction - Once tenancy is terminated through valid notice, thereafter any deposit of rent would not invalidate the plea of eviction claimed by landlord...........
Transfer of Property Act, 1882, Section 111 -- Determination of lease - (a) Obligations of landlord and tenant; (b) Consequences of landlord's refusal/failure to take possession offered by tenant; (c) Liability of tenant to pay rent/mesne profits in such cases; (d) Remedy available to tenant in such cases - (i) tenant is bound to handover vacant and peaceful possession of..........
Transfer of Property Act, 1882, Section 111 -- Determination of lease - Landlord's refusal/failure to take possession offered by tenant - If a dishonest landlord deliberately delays taking over of possession, tenant should (a) vacate the tenanted premises; (b) take photographs of the vacant premises; (c) seal the property in the presence of a Notary Public and thereafter,..........
Transfer of Property Act, 1882, Section 111 -- Determination of lease - Non refund of security deposit - Refundable security deposit should be deposited with a Bank/Financial institution under an Escrow agreement between the landlord, tenant and the Bank/Financial institution - Upon refusal of landlord to take possession offered by tenant, the tenant can deposit the keys..........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14 -- Eviction - Unfit and unsafe for human habitation - Rebuilding - Whether the construction is possible on common wall is to be seen when the building is to be reconstructed and it is between the neighbours and landlord to resolve this issue at the time of building and rebuilding - Tenant is estopped from disputing..........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14 -- Eviction - Unsafe and unfit for human habitation - Rebuilding - Building in question 100 years old - Re-building is not possible without evicting the tenant - Landlord has proved that he has sufficient funds for reconstruction of building since he wanted to put the building for better use after reconstruction -..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Before expiry of lease period - Maintainability - Landlord can file petition for eviction under Rent Act even before expiry of lease period if a ground is available under the Act, as provisions of Act would certainly have an over-riding effect over all other statutes whenever there is a dispute..........
