Rent and eviction -- Suit for damages - Tenant is a Consumer Co-operative whole sale stores and as already vacated after paying enhanced amount ordered by High Court in earlier suit for eviction - However, having used premises and considering fact that premises was taken in the year 1980 and enhancement in such cases will be gradual, drastic application of prevailing rent..........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(3), 11(4)(iv) -- Rent and eviction - Bonafide necessity - Merely because landlord`s son does not pass at first attempt his Engineering course it cannot be said that landlord deliberately suppressed fact to gain undue advantage - Landlord`s son has ultimately passed his engineering before final decision was..........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(3), 11(4)(iv) -- Rent and eviction - Bonafide necessity - Tenant does not have a case that landlord is in possession of other shop rooms other than the one that he has sought for eviction to start a consultancy service for his son - As tenant has not proved that landlord has any other vacant buildings in his..........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(3), 11(4)(iv) -- Rent and eviction - Bonafide necessity - - Advocate Commissioner clearly found that there are other vacant shop rooms available in locality - Tenant fail to prove that he is eking his livelihood from income generated from his business - Even, tenant fail to produce any document to substantiate..........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(4)(ii) -- Rent and eviction - Reconstruction of shops room - Value of shop rooms considerably diminished affecting its utility - Even, Advocate Commissioner found that pillars are standing without any roof - Advocate Commissioner has categorically reported that value of shop rooms have been considerably..........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 20 -- Rent and eviction - Revisional jurisdiction - Court while exercising its revisional jurisdiction u/s 20 of the Act is not expected to re-appreciate entire pleadings and evidence on record - High Court is only supposed to examine legality of impugned judgment and order...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Eviction petition - Maintainability - Punjab Rent (Amendment) Act came into force in 29.8.2014 - Rent petition filed under 1949 Act is maintainable, particularly when it was filed before 29.8.2014...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Eviction petition - Ownership of landlord - Tenant disputed ownership of landlord - However, no material produced on record to prove that landlord is not owner - Landlord had purchased property through a registered sale deed - In the absence of any material to contrary, Rent Controller rightly concluded that..........
East Punjab Rent Restriction Act, 1949, Section 13 -- Rent and eviction - Bonafide requirement - Landlord purchased property for their own use and occupation while taking into consideration surrounding circumstances - Landlords originally belong to family of goldsmith and jewellers who are dealing in various kind of ornaments - Landlord have not vacated any other premises..........
West Bengal Premises Tenancy Act, 1997, Section 2(g) -- Title suit - Tenant - Order granting occupational charges - Challenge as to - Petitioner inherited tenancy from his father upon his death - Deposition of rent with Rent Controller upon refusal to receive the same on being lawfully tendered - Since schedule premises being situated within prime locality, quantification..........
