Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(3) -- Proviso - Eviction petition - Bonafide need - It is not disputed that tenanted premises is situated in ground floor and new vacant room is on first floor of building - Even, if landlord has got another vacant room in his possession on first floor same is of no consequences at all and that will not cause..........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(3) -- Proviso - Eviction petition - Bonafide need - Availability of bed rooms, hall and kitchen has no fundamental impact on bonafide need or finding under first proviso to S.11(3) of the Act...........
Indian Penal Code, 1860, Section 304A -- Medical negligence - Death of patient - Petitioner being a medical professional who treated patient in a bonafide manner, cannot be held responsible for his unfortunate death - Moreover, parties compromised their dispute - FIR quashed...........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction petition - Bonafide necessity - Leave to defend - As per landlord, family of landlord comprises of 11 family members and accommodation in possession of landlord is only seven room - Even if contention of tenant were to be accepted that daughter-in-law petitioner occupying property are nine and landlord has only..........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction petition - Bonafide necessity - Tenant cannot dictate to landlord as to how landlord has to make use of available accommodation or how landlord has to adjust himself - Landlord who is having shortage of space cannot be asked to squeeze herself and her family in lesser accommodation merely to accommodate tenant...........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction petition - Bonafide necessity - Owner/landlord is the best judge of his requirements and so long as his judgment is not fanciful or malafide - Court should not substitute its own opinion - Landlord has a right to make himself more comfortable...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(1)(a) -- Eviction petition - Bonafide requirement - Death of landlord - It cannot be said that since landlord has died therefore petition is deemed to have abated - Once requirement of landlord himself along with son has been pleaded and he has appeared in evidence continuity of bonafide requirement of tenant..........
Civil Procedure Code, 1908, Section 151, Order 41, Rule 27 -- Additional evidence at appellate stage - Eviction petition - Bonafide requirement - Landlord has not pleaded that his son is working in Delhi and present premises is required by his son to open a new business or to expand - In these circumstances, it is necessary to grant opportunity to tenant to further..........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(3), 11(4)(iv) -- Rent and eviction - Bonafide necessity - Merely because landlord`s son does not pass at first attempt his Engineering course it cannot be said that landlord deliberately suppressed fact to gain undue advantage - Landlord`s son has ultimately passed his engineering before final decision was..........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(3), 11(4)(iv) -- Rent and eviction - Bonafide necessity - Tenant does not have a case that landlord is in possession of other shop rooms other than the one that he has sought for eviction to start a consultancy service for his son - As tenant has not proved that landlord has any other vacant buildings in his..........
