Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(3) -- Rent and eviction - Bonafide requirement - Alternate building - Landlord working in USA and desire to come back to India - However, subsequently landlord acquired another building 9 km away from scheduled building - But said area does not have as many amenities as compared to locality where scheduled..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Eviction petition - Amendment sought clarificatory in nature and to elaborate the pleadings already taken - Amendment sought at very initial stage of trial - Explanation given for not raising plea earlier is that he is not very well versed with English language - It does not mean that he could..........
Rajasthan Rent Control Act, 2001, Section 9(1)(d)(e), (j) -- Eviction petition - Sub-letting - No document is produced by tenant to show that `S' was engaged in business along with his sons - Even, no ration card showing joint Hindu family was ever produced by tenant - Moreover, tenant failed to establish defence of subletting which could have been a joint family property..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Eviction suit - Defendant by way of additional evidence sought to produce bill for renovation work undertaken by him in respect of subject premises - Documentary evidence which defendant wanted to lead now was within his knowledge and possession at the time of filing of suit but same..........
Delhi Rent Control Act, 1958, Section 14 -- Rent and eviction - Bonafide requirement - Leave to defend - Landlord does not occupy any other commercial premises except premises in dispute - Trial Court dismissed application for leave to defend considering if shop is made available to landlord on front road then it can be used in a better manner by joining it with back..........
Delhi Rent Control Act, 1958, Section 14 -- Rent and eviction - Bonafide requirement - Leave to defend - Plea that landlord may operate tour agency from her residential accommodations - Plea held, not tenable as admittedly, DDA flats are residential flats and commercial activities are not permissible from there and such user may lead to cancellation of perpetual lease and..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Rent and eviction - Unfit and unsafe for human habitation - Appointment of Local Commissioner - To ascertain condition of building Rent Controller appointed a building expert as a Local Commissioner - No error of law while availing services of a local commissioner to ascertain a vital issue - Order..........
Civil Procedure Code, 1908, Order 6, Rule 17, Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Amendment of plaint - Eviction petition - Landlord seeking eviction of tenant from shop in dispute to set up his son in business who has completed his BBA - By amendment landlord sought to add that son landlord `yet to complete his education' of BBA - Whether..........
Civil Procedure Code, 1908, Order 6, Rule 18 -- Amendment of eviction petition allowed - Failure to amend eviction petition within a period of 14 days - Amended petition filed by landlord already been taken on record by Tribunal, by the time tenant filed present application - Though there is no specific order of extension of time for filing amended petition, fact that..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 22, 23 -- Senior citizen - Ex parte eviction order - Senior citizen is 70 years old and proved to be owner of property in question - He categorically took stand that petitioners being son, grandson and grand daughter-in-law were habitual of using filthy language and even resorted to giving him..........
