Rent and Eviction -- Nuisance - Concurrent finding of facts by three courts that tenant has caused nuisance by carrying on his business beyond the permissible area and in violation of the conditions of lease - Definition of nuisance in S.12(1)(c) of Madhya Pradesh (Accommodation and Control) Act, 1961 is wide enough to take the conduct of tenant within its ambit which was..........
Delhi Rent Control Act, 1958, Section 44(3), Civil Procedure Code, 1908, Order 23, Rule 1(4) -- Landlord duty to keep premises in good repair - Admittedly, notice in writing given by tenant and same was withdrawn - Tenant has thereafter, filed present petition u/s 44 of the Act - As long as premises have remained un-inhabitable/unusable, cause of action would continue to..........
Rajasthan Rent Control Act, 2001, Section 3(viii) -- Exemption to trust from applicability of Chapter II & III of the Act - On basis of material on record, decision taken by State Government in granting exemption to premises of respondent trust from applicability of provisions of Chapter II & III of the Act cannot be faulted with...........
Hindu Law -- Premises on rent - Even if a male member takes premises on rent, he is tenant in his individual capacity and not as Karta of Hindu Undivided Family in the absence of any evidence that Karta was doing business for and behalf of Joint Hindu Family...........
Hindu Law -- Joint Family business - Payment of rent by great grandfather or by grandfather of plaintiff raises no presumption that it was a joint Hindu Family business...........
Hindu Law -- Joint family business - Tenanted premises - Surrender of tenancy - Hotel on tenanted premise was closed for several years - Liability to pay monthly rent continued to accrue upon Karta/ grandfather of plaintiff - Letter of surrender of tenancy is admitted by both executor of surrender letter or by Mutawalli who accepted the same - Merely because signatures in..........
Rent and eviction -- Eviction order - Time to vacate - Tenancy of over two decades - Tenant running his shop from the tenement in question - Tenant already deposited the entire decretal amount - Considering length of occupancy of shop by tenant under terms of lease deed and in order to provide him a reasonable time to set out his house and a consequence of eviction and to..........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction order - Bonafide need - Leave to defend - ARC has committed no jurisdictional error and has passed the order of eviction on basis of material available before it - Eviction order upheld...........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(3), 11(2)(b), 11(9) -- Eviction petition - Statutory tenant - Petition for eviction of a statutory tenant brought prior to expiration of term of lease is hit by S.11(9) of the Act and is not maintainable before rent control Court...........
Rajasthan Rent Control Act, 2001, Section 6, 9 -- Eviction petition - In application seeking eviction, applicant is not required to establish his title qua rented premises and to have a recovery certificate, it is sufficient that if he establishes relationship of landlord and tenant between the parties - From material on record, it is beyond any doubt that complainant has..........
