Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(3)(a)ii) -- Commercial property - Bonafide need - Landlord doing goldsmith business and wanted adjacent shop to do business alongwith his sons - Shop in possession of landlord very small - Finding of Courts below that need is bonafide, upheld...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i)(a) -- Advocate - Bonafide requirement - Landlord a practising Advocate and his son also a practising advocate - Apart from unmarried son of landlord, some accommodation is also required for visiting members of his family - Need bona fide - Eviction order upheld...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i)(a) -- Advocate - Bonafide requirement - Property purchased by landlord - Plea that landlord has stayed in similar premises for 29 years - Plea is without any merit - A person has a right to improve his status and living conditions in his life - Mere fact that landlord continued to stay for long time in..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Eviction order on ground of bonafide need - Additional evidence sought to be produced by tenant during pendency of appeal by way of documents relating to sale of premises, modified plan for construction and brochure seeking donation for construction - Two of the documents came into..........
Rent and Eviction -- Bona fide need - Attempt by landlord to sell away the property to tenant during pendency of eviction proceedings - Not fatal to the plea of bonafide need. (Kerala Buildings (Lease and Rent Control) Act, 1965, S.11(3)...........
Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960, Section 12(1)(b), Limitation Act, 1963, Article 37 -- Tenant`s right to recover possession - Limitation - Landlord sought recovery possession on bonafide need of demolishing existing building and erecting new building - U/s.12(1)(b), tenant`s right to reoccupy building continues to survive - Application..........
Karnataka Rent Act, 1999, Section 27(2)(r) -- Bonafide requirement - Rent Act made a provision that where landlord sought eviction of tenant for occupation of himself or for any member of his family, Court shall presume that premises were so required - It is mandatory presumption - However, tenant may rebut the presumption...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(i) -- Personal necessity - Tenant living with mother at her sufferance - Family of landlord grew up and became bigger with marriage of his children - Requirement of landlord of his own premises is bonafide...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Bonafide requirement - Hall on ground floor let out for book binding and printing press - Landlord aged 70 years residing on first floor - Landlord got his leg fractured which must be causing extreme inconvenience to him to climb staircase for going up and down on the first floor - Wife of landlord..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Personal necessity - Additional accommodation required for son who is 23 years and is likely to be married - No evidence that son has been betrothed and about to be married - A narrow view cannot be taken - A young man of 23 years is normally to be married - Bonafide requirement of the landlord has to be..........