Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Act, 1972, Section 21(1)(b) -- Proviso - Release of building - Proceedings filed after three years as contemplated from date of purchase of building after commencement of Act - Service of notice of six months on tenant is not required - Period contemplated for not initiating eviction u/s 21(1)(a),..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Eviction petition - Bonafide need of landlady for her ailing husband - Husband died during trial - Amendment allowed for medical need of landlady alongwith her adopted sons - Trial Court allowed amendment - Order upheld...........
Rent and Eviction -- Bona fide need - Facilities for orthopaedic treatment which the landlady needed were available in the city of Bangalore and not in the village of her present residence - Genuineness of need of landlady supported by medical evidence cannot be doubted by Court forming an opinion that the ill-health of landlady was not so serious as to warrant her..........
Rent and Eviction -- Bona fide requirement - It is for the landlord to decide how and in what manner he should live and that he is the best Judge of his residential requirement - In deciding the question of bona fide requirement, it is unnecessary to make an endeavor as to how else landlord could have adjusted himself...........
Rent and Eviction -- Bona fide requirement - Son of landlady constructed a house but landlady wanted to stay in her own house - It is not the case of the tenant that landlady has any other suitable accommodation - Landlady cannot be compelled to reside with her son as case of landlady was that she wanted to stay by herself in the suit premises because of her health..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 11 -- Execution - Decree of eviction, arrears of rent and damages - Objection as to title of D.H. - Looked in by execution Court though not called for and decided in favour of appellant - High Court found fault with it and ordered for fresh execution - Not legal - High Court's view held to be suffering from..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Rent deposited by tenant u/s 31 of Punjab Relief of Indebtedness Act prior to filing of eviction petition - Landlord is not entitled to interest on rent which had already been deposited before the filing of ejectment petition...........
A P Buildings (Lease, Rent and Eviction) Control Act, 1960, Section 10(2)(ii)(a) -- Rent - Wilful default - Concurrent finding of fact by Rent Controller and Appellate Court that default in payment of rent was wilful - Held, High Court rightly did not interfere...........
A P Buildings (Lease, Rent and Eviction) Control Act, 1960, Section 10(2)(ii)(a) -- Rent - Wilful default - Tenant an illiterate lady and did not pay rent due to ignorance - Plea not tenable - Tenant was represented by an Advocate and she had the advantage of seeking advice from her advocate appearing on her behalf...........
A P Buildings (Lease, Rent and Eviction) Control Act, 1960, Section 10(2)(ii)(a) -- Eviction order - Tenant running restaurant in the premises and it is difficult to secure accommodation for shifting the business - Seven months time granted to tenant to vacate...........
