Kerala Land Reforms Act, 1963, Section 3, Malabar Tenancy Act, 1929 -- Suit for eviction and damages for use - Ground that lease period has expired and respondent who has raised rubber estate over suit land has no right to retain possession - At time of execution of lease deed there was no plantation on leasehold land - Plantation defined u/s.2(44) of the Act existed on..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Where landlady herself is paying higher rent than that getting from tenanted premises, then payment of higher rent is a ground to seek eviction of tenant...........
East Punjab Urban Rent Restriction (Chandigarh Amendment) Act, 1982, Section 2(d)(ii) -- Non-residential building - A building would be called as a no, residential building if it is let out under a single tenancy for dual purposes of business and residence...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Sub-letting - Where sub-tenants themselves admitted that they have been inducted as tenants by original tenants and not by landlady, therefore they would sink and swim with original tenant - As sub-tenants enjoying possession of demised premises not with the consent of landlady but by an illegal design..........
Civil Procedure Code, 1908, Order 15A, Rule 1, 2(as - - Eviction suit - Application filed U.O.15-A CPC before filling of written statement - Maintainability - Suit for eviction and recovery of possession without any claim of arrears of rent filed after expiry of lease period - An application U.O.15-A by plaintiff is held maintainable even before filing of written statement..........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11 -- Rent and eviction - Bonafide requirement - Eviction petition - Maintainability - To file petition u/s 11(8) of the Act, it is material whether landlord is in occupation of another portion of same building of which tenanted premises is a part - If he is, then petition u/s 11(8) of the Act is maintainable...........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Suit for permanent injunction by tenant restraining landlord from evicting him without following due process of law - Defendant can advance a counter claim with the relief of eviction, arrears, house rent and damage - In view of admitted relationship, such a counter claim can never be said to be not..........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(2)(a)(b), 11(3) -- Rent and eviction - Bonafide requirement - It is for the landlord to decide as to which premises is required by him - Appellate Authority also found that the reasons put forward for not utilising certain rooms for satisfying the need of his son were acceptable - No reason to take a different..........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14 -- Eviction petition - Sub-letting - It is difficult to produce direct evidence of sub-letting - It is to be inferred from the facts and circumstances of case...........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14 -- Eviction petition - Sub-letting - Plea of franchisee - However, failure to produce any document of franchisee - No document on record that tenant is occupying disputed premises or even part thereof - Tenant thus, walked out of premises and exclusive possession of property given to sub-tenant, who is running his..........
