Civil Procedure Code,1908 -- Kerala Buildings (Lease and Control) Act,1965 - It is axiomatic entire provisions of CPC are not applicable to proceedings before Rent Control Court...........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(4) -- Sub-tenancy - Act does not recognize rights of objectionable sub-tenant...........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(4) -- Sub-tenant - Eviction petition - Can be filed without impleading sub- tenant and order of eviction on ground of objectionable sub-lease could be secured by landlord if sufficient materials are placed before the Court...........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(2)(b), 11(3), 11(4)(i), 11(4)(ii), 11(4)(iv), 22, Civil Procedure Code, 1908, Order 22, Rule 4 -- Non-impleadment of legal representative of a tenant - Mere impleadment of sub-tenant ipso facto will not absolve landlord from his liability of impleading legal representatives of original tenant who died pending..........
Assam Urban Area Rent Control Act, 1972, Section 5(1)(e), 5(4) -- Rent and eviction - Non-payment of rent - Where tenant pays lawful rent due from him within fortnight of its falling due or deposit rent in Court with all necessary steps as per requirement of S.5(4) of the Act within fortnight of its falling due upon refusal by landlord to accept rent offered by tenant..........
Assam Urban Area Rent Control Act, 1972, Section 5(1)(e), 5(4) -- Rent and eviction - Non-payment of rent - In order to come to a finding whether tenant has defaulted in payment of rent, the most important fact to be taken note of is when rent falls due...........
Assam Urban Area Rent Control Act, 1972, Section 5(1)(e), 5(4) -- Rent and eviction - Non-payment of rent - Burden of proof - Usually it is the burden of landlord to show as to when rent becomes due and tenant`s burden is to show that he has paid rent or deposited same in Court within fortnight of its becoming due in order to get protection from being evicted...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Bonafide necessity - As per landlord, he required shop in dispute for business of sale and purchase which he would run with help of his brother - As brother has retired and is free to help him to run shop which he could not do earlier on account of his alleged ill health - Need held, bonafide...........
Constitution of India, 1950, Article 227, Delhi Rent Control Act, 1958, Section 25B(8), 25B(9) -- Eviction petition - Leave to defend by tenant - Application dismissed - Review there against also dismissed - Both the orders challenged by way of writ petition under Article 227 Constitution of India - An order refusing leave to defend in favour of tenant is amenable to..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 15(6) -- Revision - While exercising revisional power, High Court cannot reappreciate evidence on record, both oral and documentary - Revisional jurisdiction is confined to find out whether findings of fact rendered by Court or Authority below were according to law and do not suffer from any error of law...........
