Bihar Building (Lease, Rent and Eviction) Control Act, 1982, Section 11(c) -- Expln.II - Bona fide need - Landlord having two or more premises - Landlord has a statutory right to choose which one would be preferable and the tenant cannot question such preference...........
Bihar Building (Lease, Rent and Eviction) Control Act, 1982, Section 11(c) -- Expln.II - Bona fide need - During pendency of eviction proceedings other flats fell vacant and landlord let them out - Held, it is the statutory right of landlord to choose which one would be preferable - Landlord having made a preference cannot be forced to occupy other premises which may..........
Bihar Building (Lease, Rent and Eviction) Control Act, 1982, Section 17, 11(c), 11(e) -- Bona fide need - Tenant entitled to restoration and compensation if landlord does not shift into evicted premises - Eviction petition cannot be dismissed on the ground that landlord was merely evicting the tenant in order to let out premises at higher rent - There is effective remedy..........
Rent and Eviction -- Eviction order - Vacant possession whether to be delivered to the landlord or the paramount lessor - Union of India terminated the lease granted in favour of the landlord - Possession ordered to be restored to the paramount lessor instead of restoring it to the landlord...........
Civil Procedure Code, 1908, Order 41, Rule 22 -- Eviction of tenant sought on numerous grounds - Eviction ordered on one ground while rejecting other grounds - Landlord is not entitled to file revision as he is not aggrieved person - In case of revision filed by tenant then landlord can urge that other grounds are wrongly decided against him and order of eviction be passed..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(ii) -- Non residential building - Requirement of premises for office of son who is a chartered accountant - Need bonafide - It will be considered requirement of landlord for his own use...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(ii) -- 'His own use' - The requirement of a member of the family or of a person on whom the landlord is dependent or who is dependent on the landlord can be considered to be the requirement of the landlord for his own use - If the requirement is of a person other than the landlord himself the Court shall with..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Pleadings - Amendment - Relationship of landlord and tenant denied - Amendment sought that on discovery of additional evidence and material that one `A' was merely a permissive occupier in one of the Dags and sought leave to explain the nature of her possession and occupation - There is no inconsistency between the original..........
Delhi Rent Control Act, 1958, Section 14(1)(a), 27 -- Rent - Tender by posting a cheque - Neither any agreement nor there was any practice to tender rent by way of cheque or at any time earlier the rent was sent by post - Held, on facts tender of rent by posting cheque to the address of landlord does not amount to a legal tender...........
Delhi Rent Control Act, 1958, Section 14(1)(a) -- Non payment of rent - Contention that there was substantial advance with the landlord which if taken into account would cover all the rent allegedly due from tenant - Needs to be considered - To determine the limited question whether there was any arrears of rent on the date when eviction petition was filed - Case remanded..........
