Rent and Eviction -- Bonafide requirement - Requirement for self and not for any dependant member of the family - Death of landlord - Question as to whether bonafide requirement extends to the legal representatives also when in the eviction petition there is no mention about bonaifde requirement for dependant also - If deceased landlord has any dependant member of the..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Arrears of rent - Relationship of landlord and tenant denied - Rent Controller recorded a finding in favour of landlord - No justification to grant an opportunity to tenant to deposit arrears of rent...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bonafide requirement - Landlord living with his parents - Landlord a practising Advocate and recently married - Parents wanted to settle their son independently - It is not unnatural - Need bonafide...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(2)(iv), 13(3)(a)(i) -- Ejectment sought on the twin grounds that tenanted premises have become unsafe and unfit for human habitation and that tenant cease to reside in the tenanted premises for the last 6-7 years - Rent Controller allowed eviction petition - Order of Rent Controller upheld by first..........
Judicial propriety -- One of the members of the District Forum who is signatory of the judgment is the landlord of the premises of Respondent whose proprietor is 'R' - It was unethical act on the part of the member to have been on the Bench while hearing and deciding the case of his tenant - He must have reclused himself from hearing of the case...........
Civil Procedure Code, 1908, Order 21, Rule 32, Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 12 -- Suit for permanent injunction - Decreed - Execution of decree passed against landlord restrain him from making holes, pulling down roof of shop - Tenant filed application under Order 21 Rule 32 - Roof of shop already fallen - Executing court directed tenant..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NRI landlord - Eviction sought on ground of personal necessity - Landlord-tenant relationship disputed - Wife of tenant admitted mother of landlord as real landlord - Tenant did not appear as witness to substantiate plea of wife - Held, Landlord-tenant relationship proved - Eviction ordered...........
Transfer of Property Act, 1882, Section 60 -- Mortgage of property to tenant - Rent was to be appropriated towards interest - Redemption of mortgage - Relationship of landlord and tenant continues to subsist between the parties - On passing of decree for redemption of mortgage, tenant cannot be directed to handover possession of suit property merely because of redemption -..........
Adverse possession -- Relationship of landlord and tenant - Tenant stopped making payment of rent - Mere non payment of rent will not mean that relationship of landlord and tenant cease to exist - Tenant cannot claim that because of non payment of rent, his possession over the tenanted premises is open and hostile to owner - Tenant cannot claim title over the tenanted..........
Rent and Eviction -- Tenancy denied - Proof - Merely because the original rent note executed in between landlord and previous tenant is in the hands of the person claiming to be tenant, the same does not prove tenancy in absence of proof that original tenant surrendered the tenancy in favour of landlord and thereafter the same was let out to the new tenant...........
