East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i)(a) -- Sub letting - To son without written consent of landlord - Tenant and son living separately - Tenant liable to eviction...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(ii)(a) -- Sub letting without written consent of landlord - Inspite of knowledge of subletting landlord continued to receive rent - If property is sub let without written consent of landlord then doctrine of waiver is not applicable...........
Rent and Eviction -- Bona fide need - Eviction order passed - Plea of tenant in second appeal that son of landlord got an employment in Indian Company and was settled in USA with no chance of his coming back - High Court considered subsequent events and their effect and maintained eviction order - Held, finding of High Court does not suffer from any infirmity...........
Civil Procedure Code, 1908, Section 21 -- Eviction suit - Necessary parties - Suit filed by widow of landlord who became owner after his death - Not disputed by tenant even in written statement for third persons application for party - Alleged bequeath of property - Claim made for first time after 15 years of execution of alleged "Will" - Question of title and ownership..........
Rent and Eviction -- Eviction order on ground of bona fide need - Tenant filed appeal - Death of landlord during pendency of appeal - Makes no difference as his heirs are fully entitled to defend the estate - Bona fide need of the landlord has to be examined as on the date of institution of proceedings...........
Rent and Eviction -- Partnership - Sub-letting - Existence of partnership deed between tenant and alleged sub tenant does not preclude landlord from bringing on record material and circumstances by adducing evidence or by means of cross-examination, making out a case of sub-letting or parting with possession or interest in tenancy premises by tenant in favour of third..........
Rent and Eviction -- Reconstruction - Landlord was to reconstruct the shops and after completing the rebuilding within a period of one year was to offer shop to tenants for reoccupation - Delay - Landlord is liable to pay compensation...........
Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960, Section 12(1)(b), Limitation Act, 1963, Article 37 -- Tenant`s right to recover possession - Limitation - Landlord sought recovery possession on bonafide need of demolishing existing building and erecting new building - U/s.12(1)(b), tenant`s right to reoccupy building continues to survive - Application..........
Rent and Eviction -- Demolition and reconstruction - Bona fide requirement - Even a good building can be demolished if it is not suitable for the requirement of the landlord - It is not necessary for the landlord to prove that the condition of the building is such that it requires immediate demolition particularly when the premises is required by the landlord...........
Rent and Eviction -- Bona fide requirement - Landlord seeking eviction on ground of bona fide requirement and offering an alternative accommodation to tenants - This shows reasonableness of requirement of landlord...........
