Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction petition - Bonafide necessity - Leave to defend - Tenant able to show that a triable issue arises and that in affidavit in support of leave to defend pleaded facts which if proved would disentitle landlord from an order of eviction - Rent Controller erred declining to grant leave to defend - Leave to defend..........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction petition - Bonafide need - Merely because property was once let for commercial use and was used for commercial purposes is no ground to deny eviction for a residential requirement...........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction petition - Bonafide need - It is open to landlord to seek eviction of a commercial property for a bonafide need irrespective of fact whether need is for residential or commercial accommodation...........
Eviction petition -- Bonafide need - Leave to defend - Once a tenant raises a contention in the leave to defend application that the landlord is owner and in possession of other premises and landlord admits properties are owned by landlord, then it become obligatory on landlord to at least disclose as to who, if not landlord, is in possession and occupation of said..........
Eviction petition -- Bonafide need - Leave to defend - Alternative accommodation - Tenant categorically stated that there are several shops/commercial spaces available in property, in response to which apart from a mere denial, landlord has not disclosed any details - It was obligatory on part of landlord to atleast state as to who all were occupying shops/commercial..........
Rent and Eviction -- Sub letting of a part of the tenanted premises - Gives right to eviction from the whole premises - Tenant is liable to be evicted from the whole premises even in the absence of specific claim that by sub letting a portion, whole premises is liable to be vacated...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Rent and eviction - Bonafide requirement - Sale of small portion of premises - Does not make need of landlords to come to an end...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Rent and eviction - Cease to occupy - Tenant has failed to produce documents to prove sale and purchase of shawls from the tenanted premises - Even, electricity consumption bill was not paid by tenant for a period of 2 years - Moreover, production of accounts books also does not depict that business was being..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Rent and eviction - Bonafide necessity - Construction on the remaining premises has already been raised - Cannot be a ground to hold that the bonafide personal necessity of a landlord has come to an end particularly when the shop in question is abutting the main road...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Rent and eviction - Bonafide necessity - Landlord cannot be expected to keep waiting till the tenant vacates the tenanted premises and then start the required construction...........
