Rent and eviction -- Non-payment of rent - Co-owners - Once it is established that rent of demised premises stands paid by tenant to one or other co-sharers of demised premises then no interference is warranted on findings rendered by both Courts below - Eviction petition rightly dismissed...........
Civil Procedure Code, 1908, Order 26, Rule 9, Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Appointment of Local Commissioner - Dismissal of application - Eviction petition - Appointment of Local Commissioner to go on a fishing expedition regarding number of rooms in occupation of landlord is nothing but an attempt of petitioner herein to try and..........
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..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Section 100 - - Delay of 277 days in filing second appeal - Title suit was decreed on the ground of default - First Appellate Court affirmed judgment and decree passed by trial Court - Immediately defendant filed review application as advised, which was also dismissed - Second appeal filed on behalf of defendants..........
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..........
Goa Succession, Special Notaries and Inventory Proceeding Act, 2012, Section 460 -- Inventory proceeding - Applicability of Goa Rent Act - Proceedings were neither between landlord and tenant nor under provisions of Goa Rent Act - Both Inventory Court and High Court have erred in considering provisions of Goa Rent Act...........
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..........
