East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Determination of mesne profits - Admissibility of lease agreement is not required to be determined for the purpose of assessing mesne profits especially when Rent Controller had passed ejectment order against tenant - Assessment of mesne profits and compensation is certainly a work of reasonable..........
Transfer of Property Act, 1882, Section 111(g), 114 -- Termination of tenancy - Benefit of S.114 of Act - Landlord expressly determined the tenancy in terms of S.106 of T.P.Act in default of payment of rent - Provision of S.111(g) of Act are not applicable, which are pre-requisite for applicability of provisions of S.114 of Act - Since provision of S.111(g) is not..........
Civil Procedure Code, 1908, Section 151, Order 11, Rule 12, 14 -- Production of documents - Eviction petition - Tenant sought production of rent notes of other three shops which have been let out before filing of eviction petition - Production of rent notes from landlord would be necessary for proving bona fide need of landlord - Landlord directed to produce said rent..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Relationship of landlord and tenant - Tenant has no right to challenge the same - It is sufficient to hold that landlord herein is the owner of demised premises on the basis of family settlement - Moreover, for filing eviction petition, it is not required that alleged landlord is to be owner of said..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Personal necessity - Establishment of business - Landlord is the best judge to see as to which accommodation is suitable and required by him as well as his family members for the purpose of residence or to start any work - Neither Court nor tenant can suggest him any alternative solution ignoring his..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Personal necessity - Nature of business - It is not required for landlord either to disclose the type/nature of business he is going to start or to show his own experience with regard to said business - It is for Court to see that his alleged personal necessity is bonafide or not...........
West Bengal Premises Tenancy Act, 1997, Section 7(1), 7(2), 7(3) -- Review - Tenant deposited rent with Rent Controller instead of depositing the same with Civil Judge - Trial Court while deciding application u/s 7(2) filed by tenant directed tenant to deposit remaining rent within one month from the said order before the Court where suit is pending - Review application..........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14 -- Eviction petition - Bonafide requirement - Reasonableness of accommodation has to be seen from the landlord's prospective because it is landlord alone who is the best judge of his requirement and suitability - Tenant cannot dictate landlord the manner in which he should live...........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14 -- Eviction petition - Bonafide requirement - Depends on facts and circumstances of each case and there cannot be a straitjacket formula - Burden lies upon landlord to establish that accommodation is bonafidely required by him for his and his family use - While adjudicating whether requirement is bonafide or not, it..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of eviction petition - Amendment sought to incorporate plea that petitioners have five other shops besides the shop in dispute - Amendment if permitted to be taken on record would not cause any prejudice to tenant as plea of tenant is not being prejudiced by amendment rather it would vindicate the plea of tenant to..........
