Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(2)(a)(b), 11(3) -- Rent and eviction - Bonafide requirement - It is for the landlord to decide as to which premises is required by him - Appellate Authority also found that the reasons put forward for not utilising certain rooms for satisfying the need of his son were acceptable - No reason to take a different..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Amendment sought to give another pedigree as there was mistake in pedigree given by petitioners in their written statement - Amendment do not amounts to withdrawal of admission nor it changes nature of controversy - As pedigree given by amendment application had already been given in the..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint for no, prosecution - Case fixed for accused appearance - Complainant bonafide is established from the fact that its representative had been appearing on each and every date of hearing earlier - Only due to noting of wrong date..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Personal necessity - Nature of business - It is not required for landlord either to disclose the type/nature of business he is going to start or to show his own experience with regard to said business - It is for Court to see that his alleged personal necessity is bonafide or not...........
West Bengal Premises Tenancy Act, 1997, Section 7(1), 7(2), 7(3) -- Review - Tenant deposited rent with Rent Controller instead of depositing the same with Civil Judge - Trial Court while deciding application u/s 7(2) filed by tenant directed tenant to deposit remaining rent within one month from the said order before the Court where suit is pending - Review application..........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14 -- Eviction petition - Bonafide requirement - Reasonableness of accommodation has to be seen from the landlord's prospective because it is landlord alone who is the best judge of his requirement and suitability - Tenant cannot dictate landlord the manner in which he should live...........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14 -- Eviction petition - Bonafide requirement - Depends on facts and circumstances of each case and there cannot be a straitjacket formula - Burden lies upon landlord to establish that accommodation is bonafidely required by him for his and his family use - While adjudicating whether requirement is bonafide or not, it..........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14 -- Eviction petition - Bonafide requirement of premises for personal use of landlady and for her family use - Landlady herself possessed only two rooms set, while she is having three married sons, who are grown up children - By no stretch of imagination said accommodation can be held sufficient to meet the..........
Specific Relief Act, 1963, Section 19(b) -- Bonafide purchasers - Plaintiff entered into unregistered agreement to sell with defendants but failed to make the payment within stipulated period prescribed in agreement - Subsequent purchasers on the other hand purchased the suit property for value and have paid the money in good faith without notice of original contract -..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Eviction petition - NRI landlord - Bonafide necessity - Joint property - Eviction petition filed by one of the co-owners of premises in question with the consent of other co-owners is maintainable...........
