Himachal Pradesh Urban Rent Control Act, 1987, Section 14 -- Eviction - Unfit and unsafe for human habitation - Rebuilding - Whether the construction is possible on common wall is to be seen when the building is to be reconstructed and it is between the neighbours and landlord to resolve this issue at the time of building and rebuilding - Tenant is estopped from disputing..........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14 -- Eviction - Unsafe and unfit for human habitation - Rebuilding - Building in question 100 years old - Re-building is not possible without evicting the tenant - Landlord has proved that he has sufficient funds for reconstruction of building since he wanted to put the building for better use after reconstruction -..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Before expiry of lease period - Maintainability - Landlord can file petition for eviction under Rent Act even before expiry of lease period if a ground is available under the Act, as provisions of Act would certainly have an over-riding effect over all other statutes whenever there is a dispute..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Determination of mesne profits - Admissibility of lease agreement is not required to be determined for the purpose of assessing mesne profits especially when Rent Controller had passed ejectment order against tenant - Assessment of mesne profits and compensation is certainly a work of reasonable..........
Transfer of Property Act, 1882, Section 111(g), 114 -- Termination of tenancy - Benefit of S.114 of Act - Landlord expressly determined the tenancy in terms of S.106 of T.P.Act in default of payment of rent - Provision of S.111(g) of Act are not applicable, which are pre-requisite for applicability of provisions of S.114 of Act - Since provision of S.111(g) is not..........
Civil Procedure Code, 1908, Section 151, Order 11, Rule 12, 14 -- Production of documents - Eviction petition - Tenant sought production of rent notes of other three shops which have been let out before filing of eviction petition - Production of rent notes from landlord would be necessary for proving bona fide need of landlord - Landlord directed to produce said rent..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Relationship of landlord and tenant - Tenant has no right to challenge the same - It is sufficient to hold that landlord herein is the owner of demised premises on the basis of family settlement - Moreover, for filing eviction petition, it is not required that alleged landlord is to be owner of said..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Personal necessity - Establishment of business - Landlord is the best judge to see as to which accommodation is suitable and required by him as well as his family members for the purpose of residence or to start any work - Neither Court nor tenant can suggest him any alternative solution ignoring his..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Personal necessity - Nature of business - It is not required for landlord either to disclose the type/nature of business he is going to start or to show his own experience with regard to said business - It is for Court to see that his alleged personal necessity is bonafide or not...........
West Bengal Premises Tenancy Act, 1997, Section 7(1), 7(2), 7(3) -- Review - Tenant deposited rent with Rent Controller instead of depositing the same with Civil Judge - Trial Court while deciding application u/s 7(2) filed by tenant directed tenant to deposit remaining rent within one month from the said order before the Court where suit is pending - Review application..........
