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 -..........
Rent and Eviction -- Eviction sought on ground that son of tenant had been allotted accommodation - Allotment of a house to son of tenant during his life time - Does not entitle landlord to seek eviction of tenant after the death of tenant when tenancy was inherited by L.R's including son who was allotted accommodation on ground that tenant had acquired vacant possession..........
Transfer of Property Act, 1882, Section 53A -- Part performance - Agreement to sell in favour of tenant - Suit filed by tenant/vendor for specific performance dismissed - Held, vendor/tenant is not entitled to protect his possession u/s 53-A of Transfer of Property Act and is liable to suffer eviction based on landlord-tenant relationship...........
Rent and Eviction -- Change of user - Premises let out for business purpose - Tenant started using it for manufacturing purpose without written consent of landlord - Tenant is liable to eviction. (U.P.Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, S.20(2)(d)...........
Land Acquisition Act, 1894, Section 25 -- Landlord can claim and get compensation over and above what he claimed in an application seeking reference to Civil Court under S.18...........
Rent and Eviction -- Bona fide need of landlord of non residential premises - Plaintiff provisionally assisting his father in family business - Does not mean that he should never start his own independent business - Eviction order passed by trial Court restored...........
Rent and Eviction -- Reconstruction of building - Structure not so weak which required immediate demolition - Bonafides of landlord cannot be doubted solely on this ground...........
Rent and Eviction -- Reconstruction of building - Common wall - Consent of neighbour - Landlord ready to raise a new wall of his own next to common wall, if neighbour did not allow to demolish common wall - Consent of neighbour not required...........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14(3)(c), 14(5) -- Eviction on ground of building or rebuilding - Proof of sanctioned building plan and necessary funds though not required by the provisions of the Act but for determining the bona fides of the landlord its proof is necessary as without means for carrying out the construction or reconstruction his..........
Rent and Eviction -- Bona fide need - Other flats fell vacant during trial - Choice is of the landlord - However if tenant offers to move to one of those flats and landlord refuses then it can be held that need of the landlord is not genuine and/or in good faith...........
