Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction petition - Bonafide necessity - Tenant cannot dictate as to how landlord has to put to use an accommodation which is available to landlord - Landlord is best judge of his/her requirement and suitability - Neither tenant nor can Court dictate to landlord...........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction petition - Bonafide necessity - Leave to defend - Plea of tenant that landlord expressed desire for six different purposes and in tenanted shop all six purposes cannot be fulfilled - Merely because landlord requires premises for six purposes does not mean that landlord should be denied eviction solely because all..........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction petition - Bonafide need - Leave to defend - Plea of petitioner is that respondent is not the owner and landlord of premises and he has claimed ownership rights in himself - Petitioner has not been able to establish that he is owner of property or dispute the relationship of landlord and tenant between parties -..........
Delhi Rent Control Act, 1958, Section 14(1)(e), 25B(8) -- Eviction petition - Bonafide requirement - Leave to defend - Fresh tenancy has been created in favour of tenants, just few months prior to filing of eviction petition - Questions as to whether portion of property is available or not and whether property is more suitable or plea of petitioner that there is no need..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Commercial building - Direction upon Landlord to open lock of door of bathroom - Bathroom/Toilet facility amounts to a basic amenity, which landlord is obliged to provide and which he should do particularly in case of commercial Building where apparently no privacy of any family member stands..........
Eviction -- Arrear of rent - Plaintiffs filed suit claiming possession and ejectment of defendant no.1 - Defendant no.2 claimed that he is owner in possession and he had purchased the same from `J' and plaintiffs are neither owners nor in possession over the shop which defendant purchased by virtue of sale deed - However, perusal of decree passed in favour of `J' and `R'..........
Civil Procedure Code, 1908, Order 6, Rule 17, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Amendment of written statement - Eviction petition - It is undeniable that all subsequent events which petitioner seeks to bring to force are already mentioned in written statement - There is indeed no requirement for amendment of written statement - Moreover,..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction order - On ground of cease to occupy of premises - Shop closed continuously for period of four months without any sufficient and reasonable cause - Both Courts below rendered concurrent findings of fact on a correct appreciation of evidence on record - Eviction order upheld...........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution - Eviction decree - Property sold thereafter - J.D. filed injunction suit arraying purchasers as party seeking restraining them for not dispossessing him - Application for stay of execution filed only to deprive DHs and their successors-i, interest from enjoying benefits of property - Moreover, subsequent..........
Civil Procedure Code, 1908, Order 6, Rule 17, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Amendment of written statement - Eviction petition - Tenant kept on sleeping in a great slumber and awoke after around three years of passing of eviction order by Rent Controller in year 2016 and filing of instant application in year 2019 - Conduct of tenants being..........
