Madhya Pradesh Accommodation Control Act, 1961, Section 23J -- Rent and eviction - Bonafide requirement - Burden of proof - Landlord being owner of accommodation in question and belonging to category of persons enumerated u/s 23J of the Act is required to be established by landlord in accordance with established law of procedure and evidence based on anvil of preponderance..........
Civil Procedure Code, 1908, Section 115, Madhya Pradesh Accommodation Control Act, 1961, Section 23E -- Eviction petition - Revisional power of High Court - S.23E of the Act bars filing of appeal against order of RCA but confers High Court with revisional powers to test legality, propriety, correctness of order or regularity of proceedings by exercising same power as..........
Civil Procedure Code, 1908, Order 18, Rule 5, 6, 7, 8, 9, 10, 11, 12, 13, Civil Procedure Code, 1908, Order 50, Madhya Pradesh Accommodation Control Act, 1961, Section 23C -- Rent and eviction - Proceedings before RCA under Ch.III-A of the Act are summary in nature where application of CPC is limited to extend provided u/s.23C of the Act - Procedure to be adopted is akin..........
Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Act, 1972, Section 17 - - Restoration of land - Development charges - 97.1% land was acquired for development purpose - Small portion of land including land of respondents not planned, as there were buildings on such areas - However, that does not mean that appellant have not carried out any..........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14 -- Rent and eviction - Bonafide requirement for carrying out re-building and reconstruction - Landlord duly proved on record his sanction plan - Even, there is no dispute that landlord has necessary means for carrying out construction - Moreover, in present era of liberalised economy it is not very difficult to..........
Himachal Pradesh Urban Rent Control Act, 1987, Section 11(3) -- Eviction petition - Electricity supply disconnected by landlord without any just and sufficient cause - Even though there appears to be some dispute regarding rate of rent but that by itself was not sufficient ground and could not have been made basis for landlord to disconnect electricity supply to premises..........
Himachal Pradesh Urban Rent Control Act, 1987, Section 11(3) -- Eviction petition - Disconnection of electricity supply - Electricity supply was disconnected on the ground that tenant failed to pay electricity charges - Even this fact by itself would not be a sufficient ground to disconnect electricity supply more particularly when it is proved on record that there is..........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14 -- Eviction petition - Arrears of rent and cease to occupy - Mere fact that tenant has capacity to pay rent to landlord in itself will not confer a right upon the tenant to retain the demised premises indefinitely especially when he has ceased to occupy the same continuously for a period of 12 months and thereby..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(2)(i), 13(3)(a)(ii) -- Eviction petition - Bonafide requirement - Simply because landlord owning a residential house he or his son could not be forced to open office in that house...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(2)(i), 13(3)(a)(ii) -- Eviction petition - Bonafide requirement - Residence of three families in a single house - It can safely be held that house owned by landlord not sufficient to open office of his Advocate son...........
