Delhi Rent Control Act, 1958, Section 14(1)(e) -- Bona fide need - Eviction petition - Leave to defend - Bona fide need of landlord has been clearly admitted which was need of grandsons to carry out their business activity from demised shop - They have no other "suitable alternate" accommodation available to carry out their business activity - Held, need is genuine - No..........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction - Bona fide need - Proof - Held, merely because exact nature of business has not been described would not take away landlord's bona fide need to carry out a business...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Ejectment petition - Filing of - NRI landlord - Condition sine qua non - Held, in a petition which is to be filed by a landlord u/s.13-B of the Act, a landlord is always required to prove as to whether he is owner of property for past five years or not and also the fact that he is an NRI as covered under..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Non-payment of arrears of rent - Proof - Eviction sought on ground of default in payment of rent from 01.03.1991 to 31.12.1996 - Rent was stated to be Rs.400/- P.M. - In reply tenant stated that there had been no default at all in payment of rent and his wife herself had received rent - Tenant relied on..........
Transfer of Property Act, 1882, Section 106, 111(g) -- Eviction - Default in payment of rent - Validity - Termination notice issued by plaintiff/landlord to defendant granting 15 days' time to vacate property - Tenant holding over premises from month to month as initial period of lease for 11 months had expired - Held, question of forfeiture on part of landlord would not..........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 5 -- Fixation of fair rent - Relief to landlord - Relevant date - Held, for grant of relief to landlord date of application has to be taken as relevant date...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B, Civil Procedure Code, 1908, Section 11, Order 23, Rule 1 - - Res judicata - Bonafide requirement - NRI landlord - In an earlier petition, landlord had contended for his own need - In a subsequent petition, he was spelling out need for members of his family who were dependent on him - Held, it is surely a different..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NRI landlord - Determination of status - Court has examined original certificate regarding passport, original visa endorsement and original permanent resident card at Canada - Held, status as a NRI was well established and landlord had established need in manner required by law...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NRI Landlord - Ownership - Onus to prove - Held, onus would always be upon landlord to show that he is owner of demised premises and in case boundaries do not match with sale deed produced on record it would certainly require due evaluation by Rent Controller...........
Civil Procedure Code, 1908, Order 40, Rule 1 -- Appointment of receiver - Lease expired by efflux of time - Plaintiffs/lessees has no lawful right to retain possession of suit premise - They themselves claimed that landlord has entered into possession but made no claim against landlord - Held, interim relief of appointment of receiver over property, which is admittedly in..........
