East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Rent & Eviction - NRI landlord - Leave to defend - It is incumbent on tenant to apply for leave to contest within 15 days from date of service of notice - Since tenant failed to apply leave to defend within said 15 days, petition for leave to defend rightly dismissed...........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction petition - Bonafide necessity - Plea that there is no bonafide necessity as landlords issued notice 50 years ago seeking possession and waited for 50 years to file petition - Held, not sustainable - Merely because a landlord does not file petition seeking eviction even after giving notice does not preclude landlord..........
Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, Section 8(2) -- Rent and eviction - Non-acceptance of rent by landlord - Tenant has to make all out efforts to pay rent in time - Tenant has to send rent through money order and thereafter, if landlord refuses to accept then tenant has to send a notice seeking details of bank account then only remedy available to..........
Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 5, 7, Transfer of Property Act, 1882, Section 105, 106, Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Act, 1972, Section 2(1)(a) -- Eviction petition - Default in payment of arrears of rent - Tenancy of respondent was terminated by a valid notice u/s 106 of the Act -..........
Rajasthan Rent Control Act, 2001, Section 9(a) -- Eviction petition - Default in payment of rent - Notice reveals that though landlord claimed that rent of premises for a period of more than 4 months is due but neither actual period of rent nor the amount of rent due was specified in notice issued - Thus, while serving notice the amount due towards arrears of rent which..........
Rajasthan Rent Control Act, 2001, Section 9 -- Eviction petition - Arrears of rent - Period of arrears of rent which may be demanded by notice is not required to be the same as four months default which is a ground for eviction under the main clause - Arrears demanded may be less than or may be more than four months and on that ground application for eviction cannot be..........
Transfer of Property Act, 1882, Section 106 -- Eviction notice - Shop in question is constructed after 1985, therefore it is exempted from operation of U.P Act of 1972 - Factum of service of notice terminating tenancy in terms of S.106 of the Act not disputed - Tenant defaulted in payment of rent - Tenant rightly evicted...........
Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 5 -- Eviction - Notice - Before expiry of lease period - Refusal to grant renewal - Corporation served notice that period of licence would not be extended and as such directed petitioner to make alternative arrangement - Question of applicability of Act would only come if there is specific prayer to..........
Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Act, 1972, Section 21(1)(b) - - Eviction - Re-building and re-construction - Building in a dilapidated condition - Notice was issued by Nagar Palika before 24 years ago regarding demolition of building - Tenants are ready and willing to get building repaired at their own cost and same is not to be..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 165 days in filing appeal against ex parte eviction decree - Defendant categorically stated that he was not at all served and he came to know of decree passed in suit only when he received notice in execution petition and immediately after obtaining certified copies filed appeal - Delay was not intentional..........
