Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction petition - Bonafide need - Leave to defend - Ownership title of landlord - Landlord should hold a premises in a capacity of something more than that of a tenant and proof of title beyond that point is not required - For purposes of S.14(1)(e) of the Act `ownership' is not meant only to be freehold and absolute..........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction petition - Bonafide need - Leave to defend - Tenant not to dictate to landlord as to which premises to use to fulfil a bonafide requirement - Once Court is satisfied that requirement cited by a landlord is bonafide it is landlord`s prerogative to seek eviction from a given premises of his choice...........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction petition - Leave to defend - Plea of tenant that landlord was only a co-lessee - Plea held, not tenable as one of co-owners can alone and in his own right file a proceeding for ejectment of a tenant and a tenant cannot question maintainability of proceedings...........
Rajasthan Rent Control Act, 2001, Section 22, Civil Procedure Code, 1908, Section 47 -- Rent and eviction - Objection as to executability of compromise certificate on ground of unfit mental state - Dismissal of application - Tenant entered into compromise with landlord agreeing for his eviction from suit shop on condition of wavier if arrears of rent - Medical certificate..........
Rajasthan Rent Control Act, 2001, Section 22, Transfer of Property Act, 1882, Section 106 -- Eviction petition - Compromise - Appeal by tenant against compromise certificate has been dismissed - Writ petition - Recovery certificate issued by Rent Tribunal on basis of compromise between parties duly attested and verified to its satisfaction without adverting to question as..........
Delhi Rent Control Act, 1958, Section 14(1)(b) -- Eviction petition - Subletting - Seeking of damages for use and occupation charges - No direction can be issued to tenant to pay use and occupation charges for period that stay continued - Further, as possession has already been handed over no relief can be granted to landlord in this application...........
Rent and Eviction -- Findings of fact - Revisional jurisdiction of High Court - High Court cannot interfere with finding of fact in revisional jurisdiction unless there is perversity or misappreciation of evidence by Appellate Authority. (Kerala Rent Control Act, 1965, S.20)..........
Rajasthan Rent Control Act, 2001, Section 21, Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Eviction petition - Amendment of plaint - Amendment sought for is subsequent event and if allowed would not change nature of suit - Rather, it is essential for deciding real controversy involved between parties - Amendment allowed...........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(4)(ii) -- Eviction petition - Destroy or reduce value of building materially and permanently - Eviction sought in earlier rent petition on very same ground and got rejected - There is no pleadings or evidence to prove that after the dismissal of earlier petition tenant has reduced value and utility of building..........
Delhi Rent Control Act, 1958, Section 14(1)(e), Indian Contract Act, 1872, Section 32 -- Suspension of payment of rent - Lockdown due to Covid-19 - Force majeure clause - If contract contains a clause providing for some sort of waiver or suspension of rent only then tenant could claim same - Force majeure clause in contract could also be contingency u/s 32 of Contract Act..........
