East Punjab Rent Restriction Act, 1949, Section 13 -- Eviction petition - Bonafide need - Remarriage of old aged mother of landlord after death of his father does not debar him to keep her with him in demised premises situated on ground floor nor debars her to live with her son - Thus, in case, landlord needs demised ground floor for bonafide requirement to keep his mother..........
Delhi Rent Control Act, 1958, Section 14(1)(a), Civil Procedure Code, 1908, Order 41, Rule 27, Slum Areas (Improvement and Clearance) Act, 1956 -- Eviction order - Slum area - Plea whether or not property located in a slum area was raised for first time through application U.O.41.R.27 CPC that too at appellate stage, both parties ought to have been given adequate..........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(3), 11(8), 11(10) -- Eviction petition - Comparative hardship - Buildings in possession is situated outside locality or town in which petition schedule shop rooms are located - Wider range and scope of S.11(8) of the Act than that of S.11(3) of the Act in deciding plea of parties with respect to comparative..........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(4) -- Sub-tenant - Eviction petition - Can be filed without impleading sub- tenant and order of eviction on ground of objectionable sub-lease could be secured by landlord if sufficient materials are placed before the Court...........
Assam Urban Area Rent Control Act, 1972, Section 5(1)(e), 5(4) -- Rent and eviction - Non-payment of rent - Where tenant pays lawful rent due from him within fortnight of its falling due or deposit rent in Court with all necessary steps as per requirement of S.5(4) of the Act within fortnight of its falling due upon refusal by landlord to accept rent offered by tenant..........
Assam Urban Area Rent Control Act, 1972, Section 5(1)(e), 5(4) -- Rent and eviction - Non-payment of rent - In order to come to a finding whether tenant has defaulted in payment of rent, the most important fact to be taken note of is when rent falls due...........
Assam Urban Area Rent Control Act, 1972, Section 5(1)(e), 5(4) -- Rent and eviction - Non-payment of rent - Burden of proof - Usually it is the burden of landlord to show as to when rent becomes due and tenant`s burden is to show that he has paid rent or deposited same in Court within fortnight of its becoming due in order to get protection from being evicted...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 11(2), 22 -- Eviction order - Implementation of order - Property of senior citizen - Order of maintenance Tribunal is implemented and possession of house was delivered to mother/senior citizen under a panchnama - Mother is in possession of subject house property - Though daughter-in-law is also living..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Bonafide necessity - As per landlord, he required shop in dispute for business of sale and purchase which he would run with help of his brother - As brother has retired and is free to help him to run shop which he could not do earlier on account of his alleged ill health - Need held, bonafide...........
Constitution of India, 1950, Article 227, Delhi Rent Control Act, 1958, Section 25B(8), 25B(9) -- Eviction petition - Leave to defend by tenant - Application dismissed - Review there against also dismissed - Both the orders challenged by way of writ petition under Article 227 Constitution of India - An order refusing leave to defend in favour of tenant is amenable to..........
