East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(ii), East Punjab Urban Rent Restriction (Extension to Chandigarh) Act, 1974, Section 13(3)(a)(ii), East Punjab Urban Rent Restriction (Chandigarh Amendment) Act, 1982, Section 3 -- Shop-cum-flat (SCF) is a non residential building - Ground floor whereof is used as a shop and first floor is used for residential..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(ii), East Punjab Urban Rent Restriction (Extension to Chandigarh) Act, 1974, Section 13(3)(a)(ii), East Punjab Urban Rent Restriction (Chandigarh Amendment) Act, 1982, Section 3 -- Non residential building - In Chandigarh a landlord can evict a tenant from non residential building on ground of personal..........
Rent and Eviction -- Gifting of property after passing of eviction decree - Petition for eviction on ground of bonafide need - Son of tenant got himself impleaded as a party on plea of independent tenancy right - Father did not contest - Decree for eviction passed - Son held to be not a tenant - Death of tenant - Subsequently landlord gifted away the property - Held, once..........
Transfer of Property Act, 1882, Section 106 -- Eviction petition - Notice u/s 106 TPA before institution of eviction petition - Condition as to issuance of notice printed on back side of rent receipt issued by landlord - On this basis parties cannot be said to have accepted it as a condition of lease - Rent receipt is a document issued by landlord acknowledging receipt of..........
Rent and Eviction -- Tenant filed suit for specific performance of agreement for sale of suit premises - Counter claim of landlord for possession by eviction - Tenant failed to establish his claim - Held, counter claim of landlord cannot be decreed only on ground that tenant had denied title of landlord when jurisdiction of Civil Court is barred by Rent Act...........
Rent and Eviction -- Material impairment of value & utility - Question depends on facts of the case viz. nature of building, the purpose of letting, the terms of the contract and the nature of interference with the structure by the tenant - Destruction or damage has to be adjudged from the stand point of landlord...........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(2) -- Arrears of rent - Tenant had deposited Rs.85, 000/- as security which landlord was liability to refund at the time of vacating the premises - When the amount of arrears of rent is smaller than the advance amount held by the landlord on account of tenant, there is no default in payment of rent and the..........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14(3)(a)(i) -- Bona fide requirement - Requirement of members of family of landlord or of the one who is dependent on the landlord, is the landlords' own requirement...........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14(3)(a)(i) -- Proviso 3rd - Bona fide requirement - Under compromise tenant vacated first floor and shifted to ground floor - Family of landlord enlarged - A new requirement came into existence which did not exist earlier - Landlord entitled to evict tenant from ground floor in changed circumstances...........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14(3)(a)(i) -- Proviso 2nd - Bona fide requirement - Due to genuine economic difficulty landlord vacating a building and giving the same on rent - It amounts to landlord vacating building for sufficient cause - Landlord can seek eviction of tenant - Second proviso to Section 14(3)(a)(i) is not attracted...........
