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...........
Rent and Eviction -- Demolition and reconstruction - Bona fide requirement - Family of landlord consisted of husband and wife only - If landlord wants to demolish and reconstruct a house, mere fact that he does not have any children does not mean that he and his wife should not shift to the petition schedule premises...........
Rent and Eviction -- Bona fide requirement - Landlord evicting tenant and started living there - Landlord found that area was unhygienic - Landlord is entitled to evict tenant from other building owned by him...........
Karnataka Rent Act, 1999, Section 27(2)(r) -- Bonafide requirement - Rent Act made a provision that where landlord sought eviction of tenant for occupation of himself or for any member of his family, Court shall presume that premises were so required - It is mandatory presumption - However, tenant may rebut the presumption...........
Rent and Eviction -- Rent - Default period fell beyond three years prior to date of suit - Law of limitation bars remedy of claimant to recover rent beyond three years prior to the institution of suit but that is not a ground to defeat the claim of landlord for decree of eviction. (Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982, S.11(1)(d)...........
Rent and Eviction -- Tenant purchasing only a share of property i.e. share of one of the co-owners - Tenancy does not come to an end - In order to bring the tenancy to an end the interest of the landlord in its entirety must come to vest and merge into the interest of tenant in its entirety - When part of the interest of the landlord or the interest of one out of many..........
Evidence Act, 1872, Section 116 -- Estoppel - A person inducted as tenant by appellant - He is estopped from attorning any other as landlord...........
Civil Procedure Code, 1908 -- ( as applicable to the State of Punjab, Haryana and Chandigarh) - Order XV ,R. 5 - Striking of defence - The trial court accepted the deposit of arrears of rent by the tenant - Prayer of landlord for striking oFf defence for non-deposit of rent rejected - Order of the trial court upheld as the serious question of jurisdiction of the Civil..........
Evidence Act, 1872, Section 116 -- Relationship of landlord and tenant - Denial by tenant - Auction sale by Municipal Council - Tenant attorned purchaser and making payment of rent - Till the auction sale is set aside it cannot be said that purchaser did not acquire a valid title - Sale effected by purchaser in favour of respondents not suffering from any infirmity -..........
