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..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Eviction decree - Third party objections - Third person is not entitled to file an application U.O.21.R.97 CPC, as said application may be filed by a DH in event of execution of decree is resisted or obstructed by any person obtaining possession of property...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Unfit and unsafe for human habitation - Application of landlord for inspection of demised shop by expert witness was allowed - Plea of tenant that effect of allowing application of landlord gives opportunity to landlord to fill up lacunae in their evidence - Held, question of filing up lacunae..........
Delhi Rent Control Act, 1958, Section 14(1)(e), Civil Procedure Code, 1908, Section 92 -- Eviction petition - Bonafide necessity - To maintain a petition u/s 14(1)(e) of the Act landlord does not have to show absolute ownership but is required to show a better title than tenant - Further a tenant who admits his tenancy and even admits relationship of landlord-tenant cannot..........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction petition - Bonafide necessity - Tenant cannot dictate as to how landlord has to put to use an accommodation which is available to landlord - Landlord is best judge of his/her requirement and suitability - Neither tenant nor can Court dictate to landlord...........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction petition - Bonafide necessity - Leave to defend - Plea of tenant that landlord expressed desire for six different purposes and in tenanted shop all six purposes cannot be fulfilled - Merely because landlord requires premises for six purposes does not mean that landlord should be denied eviction solely because all..........
