Civil Procedure Code, 1908, Order 15, Rule 5, West Bengal Premises Tenancy act, 1956, Section 14(4) -- Rent and eviction - Striking out of defence - On the ground of arrears of rent - Defendant failed to offer any explanation for non-payment of rent subsequent to August, 2014 or within one month after writ of summons served on defendant - Even, defendant failed to produce..........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Rent and eviction - Even one of the co-owners is entitled to maintain petition for eviction u/s 14(1)(e) of the Act though he is not the absolute owner...........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Rent and eviction - Application by tenant for leave to defend was dismissed - Bonafide requirement - As per landlord/respondent full time servants required as per the age of landlord and his wife and said room is needed for residence of such servants - Therefore, considering locality and financial status of landlord, need..........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Rent and eviction - Bonafide requirement - Once requirement pleaded is found to be sincere and genuine, it is not for Court to interfere therein or impose its own standards to judge the same...........
Delhi Rent Control Act, 1958, Section 19(2) -- Rent and eviction - After eviction if tenant finds that owner is not putting possession of premises which is recovered for self use, tenant can apply for re-possession...........
Rent and Eviction -- Sub tenancy - Burden of proof - Initial burden to prove exclusive possession of sub tenancy is that of owner which is only that of preponderance of probability only and he has to prove the same prima facie only - If owner succeeds then burden to rebut the same lies on the tenant...........
Rent and Eviction -- Sub tenancy - While sub letting property landlord is kept out of the scene - Proof by direct evidence of the money consideration paid by sub tenant to tenant is difficult to prove - Court can draw its own inference upon facts of the case...........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction order - Absence of revenue stamp on counterfoil of rent receipt - Ordinarily, revenue stamp would be on rent receipt and not on counterfoil of rent receipt which would be in possession of landlord - Thus, no undue weightage can be given to the absence of revenue stamp on counterfoil of rent receipt...........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction order - Use of property - Tenant in property or a person in use thereof is not necessarily required to personally present himself in premises everyday and merely because said person does not personally remain present in premises everyday cannot be a ground for stating that he is not in use of property...........
Civil Procedure Code, 1908, Section 151 -- Recall of an order - Rent and eviction - Absence of counsel - Denying opportunity of cross-examination - Ground for rejection of recall application was that unnecessary harassment to witnesses and absence of counsel who was travelling abroad - Right of cross-examination of material evidence on which fate of eviction petition..........
