Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(3) -- Eviction petition - Bonafide need - It is not for tenant to dictate choice of landlord in deciding proposed business...........
East Punjab Rent Restriction Act, 1949, Section 13B -- Rent and eviction - NRI landlord - Subsequent petition filed by a co-owner after availing right by filing a previous petition and successfully getting order of eviction u/s 13-B of the Act is debarred from filing fresh petition u/s 13-B of the Act...........
East Punjab Rent Restriction Act, 1949, Section 13B -- Rent and eviction - NRI landlord - NRI cannot exercise right u/s 13-B of the Act for more than one building of each category...........
East Punjab Rent Restriction Act, 1949, Section 13B -- Rent and eviction - NRI landlord - As per S.13-B of the Act, NRI owner has been given a choice to elect/select one residential building, scheduled building and non resident building, respectively - Once NRI elects a building which may only be a part of building then he cannot subsequently file second petition u/s 13-B..........
East Punjab Rent Restriction Act, 1949, Section 13B -- Rent and eviction - NRI landlord - Once NRI elects to file petition/petitions and exercises right u/s.13-B of the Act then he is debarred from filing subsequent second petition...........
East Punjab Rent Restriction Act, 1949, Section 13B -- Rent and eviction - NRI landlord - After an owner has availed benefit u/s 13-B of the Act, he can, thereafter, file a petition u/s 13 of the Act but cannot avail benefit u/s 13-B of the Act, as it is restricted only once during life time of such an owner...........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Non-payment of rent - Tenants contended that rate of rent was Rs.125 p.m and they deposited Rs.10,000 in favour of landlord - Mandate of O.15.R.5 CPC thus, not applicable - Application rightly dismissed...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B, 18A -- Eviction petition - NRI landlord - Leave to defend - No sale deed has been produced by landlords to prove their ownership - However, jamabandi has been produced on file which carries presumption of correctness - Perusal of jamabandi it is apparent that landlords are owner of property - Even, passports prove..........
Transfer of Property Act, 1882, Section 106 -- Lease - Determination of lease due to efflux of time - Once lease deed came to an end due to lapse of tenancy, tenant cannot take benefit of terms of agreement and ask landlord to issue three months prior notice as per terms of lease deed...........
Transfer of Property Act, 1882, Section 106 -- Lease - Determination of lease due to efflux of time - Suit for injunction filed by tenant - Tenant had continued in suit property for more than six years after determination of lease due to efflux of time by creating story about illegal threat of eviction by landlord - He instead of vacating premises filed suit for injunction..........
