Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Act, 1972, Section 21(1)(a) -- Release of premises - Bonafide requirement - Comparative hardship - There is no evidence on record that petitioners has ever made any serious effort to search out any alternative accommodation - Hence, comparative hardship not proved on record - Petition dismissed...........
Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Act, 1972, Section 21(1)(a) -- Release of premises - Bonafide requirement - Comparative hardship - Long duration of occupation - Cannot be a ground for tilting issue of comparative hardship in favour of tenant...........
Rent and Eviction -- Property tax recoverable from tenant u/s 67(3) of the New Delhi Municipal Council Act, 1994 as arrears of rent by the landlord/owner - Cannot be considered to be forming part of the rent for the purpose of seeking eviction or ejectment of such tenant who defaults in payment of such recoverable tax as rent...........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 12 -- Rent Control petition - Maintainability - Where landlord and tenant relationship is admitted, challenge against maintainability of rent control petition will fall under expression `contest' as contemplated u/s 12 of the Act...........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 12, 11(9) -- Rent control petition - Maintainability - Arrears of rent - In the instant case, respondent/tenant seeks amendment to objection so as to incorporate pleadings challenging maintainability of rent control petition u/s 11(9) of the Act - Requirement u/s 12 of the Act being condition precedent to contest..........
West Bengal Premises Tenancy Act, 1997, Section 7(2), Limitation Act, 1963, Section 5 -- Rent and eviction - Arrears of rent - Application for condonation of delay u/s 5 of Limitation Act for delay in depositing rent - When there is default during pendency of suit for making deposit or payment in respect of current rent, it may be protected u/s 7 of the Act - Therefore,..........
West Bengal Premises Tenancy Act, 1997, Section 7(2), 17(2) -- Rent and eviction - Arrears of rent - Default in payment of rent - As per S.17(2) of the Act, when tenant raises any dispute with regard to amount of arrears of rent claimed by landlord, he has to file application for adjudication of arrears of rent payable by him to landlord and in case tenant admits any..........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Rent and eviction - Bonafide requirement - Payment of user charges from date of eviction order during pendency of revision petition - As per evidence on record, there is no other comparative lease shown by tenant - Direction for payment of user charges @ Rs.80,000/-p.m. alongwith arrears held, just and proper...........
Bihar Building (Lease, Rent and Eviction) Control Act, 1983, Section 3(2), Bihar Value Added Tax Act, 2005, Section 7, 14, 24 -- Use of Sale therein Act, 1993, S.3(2) - Charge of Tax - Conditions need to be satisfied for claim of set-off are: (i) tax leviable by way of entry tax can only be paid by every dealer liable to pay tax under VAT Act; (ii) Set-off can only be..........
Specific Relief Act, 1963, Section 37, 38, Transfer of Property Act, 1882, Section 106 -- Suit for permanent injunction - Lease - Restraining defendants from interfering in peaceful possession - Lease terminated by serving notice u/s 106 TPA - Plaintiff not pleaded any protection under rent laws - Since the year 2005 plaintiff has not paid even a penny - Held, in these..........
