Rent and Eviction -- Relationship of landlord and tenant - Landlord accepting rent from sub-tenant - `Bhumi Kalpataru' became a newly constituted firm `Shri Bhumi Kalpataru' - Held, acceptance of rent from newly constituted firm on such facts and circumstances does not create relationship of landlord and tenant between landlord and sub-tenant...........
Rent and Eviction -- Sub-letting - Meaning - It means tenant voluntarily surrenders possession of the tenanted premises wholly or in part in favour of third person without the knowledge of landlord - This arrangement between tenant and sub-tenant is at the back of the landlord - Landlord is not expected to lead direct evidence to prove this arrangement...........
Rent and Eviction -- Sub letting - Cannot be proved by affirmative evidence - Court to draw its own inference upon the facts of the case proved at the enquiry - Delivery of exclusive possession by the tenant to a stranger to the landlord and without the prior permission of the landlord is one dominant factor based on which the Court could infer as to whether the premises..........
Delhi Rent Control Act, 1958, Section 14(1)(e), 25B -- Ejectment petition - Leave to contest - Landlord sought eviction of tenant on ground of bona fide requirement u/s 14(1)(e) and 25-B of the Act - Notice under Section 25-B of the Act served on tenant - Tenant failed to file leave to contest application within statutory period - Tenant contended that summons in relation..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(a)(i) -- Eviction on ground of bona fide necessity - Failure to plead ingredients of sub-section (b) and (c) in the eviction petition - Held, if parties were fully aware about ingredients of Sub-sec.(b) and (c) at time of leading evidence and both the parties have led evidence on these issues, then petition cannot be..........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Bona fide requirement - Landlord sought eviction on the ground that he is living in rented accommodation and he requires premises bona fide to live with his family - Tenant contended that landlord sold the portion adjoining the demise premises after converting it into commercial - Had the need been bona fide, he would not..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(ii)(a) -- Subletting - Factum of sub letting in the knowledge of landlord for the last many years - Held, merely because the landlord chose to file eviction petition belatedly, it would not mean that he had waived off his right to seek eviction on the ground of sub letting...........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14(3)(c) -- Eviction petition - Reconstruction of building - Condition of building is dilapidated as per report furnished by PW3 - Landlord has sufficient funds as per statement of PW2 - He has already submitted building plan to Municipal Corporation - Building is situated in a commercial area - Building is 100 years..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bona fide requirement - Landlady seeking eviction of tenant from shop on the ground of bona fide requirement of her husband - Husband a hawker engaged in selling bangles - Held, need bonafide - Tenant cannot dictate a landlord as to whether his wishes are bona fide or not in the eventualities of his..........
M.P.Accommodation Control Act, 1961 -- Joint Family Property - Two brothers purchasing shop and filed eviction petition on ground of bonafide requirement - Plea of tenant that it was Wakf Property which he failed to prove - Concurrent finding as to bonafide need of landlord - High Court set aside eviction order on ground that it was joint family property and landlords were..........
