Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(4)(ii) -- Rent and eviction - Reconstruction of shops room - Value of shop rooms considerably diminished affecting its utility - Even, Advocate Commissioner found that pillars are standing without any roof - Advocate Commissioner has categorically reported that value of shop rooms have been considerably..........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 20 -- Rent and eviction - Revisional jurisdiction - Court while exercising its revisional jurisdiction u/s 20 of the Act is not expected to re-appreciate entire pleadings and evidence on record - High Court is only supposed to examine legality of impugned judgment and order...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Eviction petition - Maintainability - Punjab Rent (Amendment) Act came into force in 29.8.2014 - Rent petition filed under 1949 Act is maintainable, particularly when it was filed before 29.8.2014...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Eviction petition - Ownership of landlord - Tenant disputed ownership of landlord - However, no material produced on record to prove that landlord is not owner - Landlord had purchased property through a registered sale deed - In the absence of any material to contrary, Rent Controller rightly concluded that..........
East Punjab Rent Restriction Act, 1949, Section 13 -- Rent and eviction - Bonafide requirement - Landlord purchased property for their own use and occupation while taking into consideration surrounding circumstances - Landlords originally belong to family of goldsmith and jewellers who are dealing in various kind of ornaments - Landlord have not vacated any other premises..........
East Punjab Urban Rent Restriction Act, 1949, Section 18A -- Eviction NRI landlord - Leave to contest - Plea of additional accommodation cannot possibly be raised in an application filed u/s 18-A of the Act for leave to contest, as landlord u/s 13-B of EPURR Act is entitled to get only one building vacated irrespective of number of tenants and choice of building is left to..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Eviction - NRI landlord - S.13-B of the Act gives right to landlord to recover immediate possession of a building on his return - It is not the stand taken by tenant that any building has already been got vacated by landlord u/s 13-B of the Act - Contention by tenant that eviction petition is barred because of..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objection as to executability of decree - Eviction decree - Objection raised on the ground that decree is not executable as subject matter of decree i.e land is sold out by series of sale deeds is not entertainable - However, same would not frustrate decree and make it inexecutable, since decree is still executable by..........
Rent and Eviction -- Leave to defend - Alternative accommodation - Family of landlord as disclosed in eviction petition compromises of over 42 family members therefore, landlord clearly indicated that accommodation presently in their possession is far less than their requirement - Moreover, tenant not been able to show that sufficient alternative accommodation is..........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Rent and eviction - Bonafide requirement - Merely because tenanted premises is small and insufficient to completely meet the requirement of landlord is no ground to deny landlord of even the scarce accommodation...........
