Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction petition - Bonafide requirement - Leave to defend - Question of ownership - Essential ingredients u/s 14(1)(e) of the Act which has to be established and raises a triable issue - Since there is a triable issue raised by tenant, it is a fit case where leave to defend ought to have been given to tenant - Order..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Eviction suit - Admission of landlord and tenant relationship - Plea of agreement to sell the tenanted premises - Agreement to sell not registered - Protection u/s 53-A TPA not available - Relationship between parties is that of landlord and tenant - Defendant does not have a valid grievance with the..........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14 -- Eviction - Bona fide requirement - Reconstruction of building in question - Building 200 years old and in dilapidated condition having outlived its utility - Landlady filed eviction petitions against all the tenants - Merely because landlady has been selling off different portions of building, it cannot be..........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14 -- Eviction - Bona fide need of residential accommodation - Joint family - 12 members of family of landlady residing together - Landlady being in possession of two rooms, one kitchen and one bathroom, which is insufficient for her and her family - Evidence on record proves that family members of landlady including..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Recovery of possession - Defendant admitted the relationship of landlord and tenant between her and plaintiff - Defendant's tenancy had been validly terminated by plaintiff u/s 106 T.P.Act, upon issuance of legal notice and if not so, then upon service of summons in suit on her along with accompanying..........
Transfer of Property Act, 1882, Section 106 -- Quit notice - Issuance of notice u/s 106 of Act is not sine qua non for filing eviction suit, as filing of suit itself is a notice to quit to tenant - S.106 of Act is not strictly applicable as only equitable principles are applicable in State of Punjab...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 3 -- Applicability of Act - Construction of suit property less than 10 years old as such it is exempted from provision of Act - Moreover, once remedy of general law is resorted to, protection to tenant in terms of Rent Act is not applicable...........
Transfer of Property Act, 1882, Section 106 -- Quit notice - Lease - Issuance of 15 days notice and not in terms of recital of lease deed for giving three months notice become totally redundant in general law - Even otherwise, since period of lease has already expired during pendency of suit, in any eventuality tenant cannot retain the possession by any stretch of..........
Transfer of Property Act, 1882, Section 106, 111(h) -- Notice - Provisions of Rent Act not applicable - Lease of tenant can be determined by a notice to quit u/ss 111(h), 106 of T.P.Act...........
Transfer of Property Act, 1882, Section 114 -- Benefit of provision of S.114 of Act - Tenant while claiming benefit of S.114 of the Act has to plead and establish that lease under which he holds demised premises contains a term that in the event of certain default in payment of rent, lease might be terminated and that plaintiff has based his claim on lease having been..........
