Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13, Civil Procedure Code, 1908, Order 41, Rule 27 - - Eviction - Personal necessity - Appeal - Additional evidence - Application to prove that son of landlord is gainfully employed in his business and there is no need of demised premises - It is apparent from record that tenant was aware that son of landlord..........
East Punjab Urban Rent Restriction Act, 1949, Section 17 -- Eviction proceedings - Held, in an action for ejectment adjudication has to be necessarily only between person claiming to be landlord and tenant - Third party intervention cannot be permitted at all...........
Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, Section 10 -- Eviction - Payment of rent - Willful default - Proof - Defaulted period not disputed by petitioner/tenant - Only defence taken by him is that as per sale agreement he can pay rent in lump sum at the time of execution of sale deed and therefore, default was not willful - But there were three more..........
Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, Section 10, 18 -- Eviction - Execution proceedings - Abuse of process - Order of eviction passed in favour of landlady confirmed by High Court - SLP filed by tenant dismissed by Apex Court and time was granted to tenant to vacate demised premises subject to filling of affidavit of undertaking - Tenant failed to file..........
Delhi Rent Control Act, 1958, Section 14(1)(e), 25B - - Eviction - NRI Landlord - Bona fide need - Leave to defend - Landlord resident of UK - Ownership not disputed - Both petitioner and his wife are aged 84 and 82 years respectively - Admitted position that landlord regularly visits India - In fact he spends half year in India i.e. during extreme cold and harsh winter..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Bona fide need - Proof - After coming to firm conclusion that relationship of landlord and tenant existed between parties, Courts below examined other questions with regard to bona fide necessity and ordered ejectment - Admittedly, petitioner has two sons - He rented out premises way back in year 1964 -..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(ii)(b) -- Eviction - Not occupying any other rented land - A mere possession of some other property which may not be suitable, not a disqualification for seeking eviction of tenant...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(ii)(b) -- Eviction order - Sufficient time to vacate - Tenant carrying on business for several decades and if he be made to vacate, he will be put to great hardship - Tenant to vacate within 12 months on condition that he gives an undertaking before the Court that he will pay an amount of Rs.1,000/- pm. and..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Eviction - Bona fide requirement - Held, if all co-owners as landlords were joining to file petition for requirement of one of them and tenant was able to show ownership of one of petitioners-landlords in respect of two other building, it was bound to be explained by landlord as to how other two shops..........
Rent and Eviction -- Question of title - Held, in an eviction petition Court is to decide only relationship of landlord and tenant - As far as question of title is concerned, that can only be incidentally gone into but cannot be decided finally - A tenant cannot deny title of landlord, however, defective it may be until and unless he claims ownership- Second question to..........
